Please read the terms and conditions below prior to completing your purchase.
We need to protect ourselves against frivolous lawsuits. We do warrant
that our product is free from defects of workmanship but we take no responsibility for misuse of the product. The following disclaimer has
been provided by our lawyer:
WARNING: This document will effect your legal rights and liabilities. by agreeing to these terms and conditions, you give up your right to sue and to recover compensation for any injury (to person or property) or death arising out of the use of the kayak cradle.
**PLEASE READ CAREFULLY**
THESE TERMS AND CONDITIONS ARE TO BE READ TOGETHER WITH THE APPLICABLE INVOICE.
The following terms and conditions govern the sale by Dock-Side Cradle Ltd. (“Dock-Side”) to you (the “Customer”) of the kayak cradle and ancillary products (the "Products"). By accepting delivery of the Products described on a Dock-Side quote or invoice, Customer agrees to be bound by and accepts these terms and conditions.
- Other Documents
These terms and conditions may not be altered, supplemented or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Dock-Side. Dock-Side may change these terms and conditions as they relate to future sales or deliveries at any time without prior notice.
- Assumption of Risk, Waiver of Claims, Release and Indemnity
The Customer agrees to:
- assume all risk, dangers and hazards that may result from use of the Products;
- waive any and all claims that they may have against Dock-Side;
- release Dock-Side from any and all liability for any loss, damage, injury or expense due to any cause whatsoever, including negligence on the part of Dock-Side; and
- hold harmless and indemnify Dock-Side from any and all liability for property damage, personal injury or death suffered by Customer or third party as a result of use of the Products or breach of terms and conditions of this agreement.
- Payment Terms; Orders; Quotes; Interest
Credit terms are within Dock-Side's sole discretion, and unless otherwise specified in Dock-Side's invoice, payment must be received by Dock-Side prior to Dock-Side's acceptance of an order.
- Shipping Charges; Taxes
Separate charges for shipping and handling will be shown on Dock-Side's invoice(s). Unless Customer provides Dock-Side with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Dock-Side's acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on Dock-Side's net income. If applicable, a separate charge for taxes will be shown on Dock-Side's invoice.
- Return Policies
Under Dock-Side's "Customer Return Policy", end-user Customers who buy Products directly from Dock-Side may return them to Dock-Side up to thirty days after the date of invoice for a refund of the Product purchase price if already paid. In the case of reconditioned parts the refund period is ten days. This refund does not include any shipping and handling charges. Returned Products must be in as-new condition, and all of the documentation and any other items included with Product must be returned.
- (a) Dock-Side warrants that all Products shall be free from defects in workmanship and shall operate properly in accordance with industry standards, when employed in normal usage, for a period of at least 1 year following the date of purchase.
- (b) The warranty under section (a) does not include:
- the routine replacement of parts due to normal wear and tear of the Products arising from use;
- any defect attributable in whole or in part to misuse of any good; or
- any damage or defects attributable to repair of the Products by any person other than an authorized dealer, or the installation of unapproved parts on the Products.
- Repair or Replacement
Where any of the Products fails during normal usage during the warranty period specified in section 6, Dock-Side (or an authorized dealer of Dock-Side) shall repair or place the defective part of the good with a new or factory reconditioned part, such replacement or repair to be made without charge for parts or labour, and the liability of Dock-Side under this warranty shall be limited to that repair or replacement.
- Duties of the Customer
Alteration, defacing or removal of the serial number imprinted on the Products voids this warranty.
In order to maintain this warranty in effect the Customer must maintain the Products in accordance with the prescribed maintenance schedule set out in the owner’s manual.
Dock-Side's policy is one of ongoing product update and revision. Dock-Side may revise and discontinue Products at any time without prior notice. Dock-Side will ship Products that have the functionality and performance of the Products ordered but Customer agrees that changes between what is shipped and what is described in a specification sheet or catalog can occur. The parts and assemblies used in building Dock-Side Products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
- Governing Law
The laws of the Province of British Columbia and the applicable laws of Canada will govern these terms and conditions and all related transactions. The parties agree to the non-exclusive jurisdiction of the courts of the Province of British Columbia.
- Applicable Law and Not For Resale
Customer agrees to comply with all applicable laws and regulations of Canada and its provinces. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Dock-Side has separate terms and conditions governing resellers.
- Entire Agreement
Customer agrees that these terms and conditions and any document incorporated by reference or referred to in this Agreement constitute the entire agreement between Customer and Dock-Side pertaining to the subject-matter of these terms and conditions, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and Dock-Side. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to in this Agreement, these terms and conditions of sale shall govern.
The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision of this Agreement and any such invalid or unenforceable provision shall be deemed to be severable.
The section headings used in this Agreement are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
- Force Majeure
Dock-Side shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.