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Conditions of Use

Western Robotics Web Site Terms of Use and Conditions of Order

Western Robotics Ltd.("Western Robotics") operates the Web site located at www.wr-store.com (the "Site") to provide online access to information about products available from Western Robotics (the "Products") and to facilitate transactions for the purchase of Products (the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). By ordering Products, you agree to the Terms of Use, as well as the Conditions of Order, set forth below. These Terms of Use, together with the Conditions of Order, are referred to as this "Agreement."

Western Robotics reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date this Agreement was revised is set forth below.

1.  Access to the Site.  Registration is required to place an online order or use the Site. Select Western Robotics’ Web sites offer expanded services via the Web through a name/password protected system.

You may access the Site using the username and password you select. Your username and password are referred to as your "Identification." You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact Western Robotics immediately at orders@western-robotics.com if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while Western Robotics strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

2.  Intellectual Property.  The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by Canadian, US and international copyright, trademark and other laws, and belong to Western Robotics or its parent, partners, affiliates, contributors or third parties.

Western Robotics grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. Western Robotics reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.

You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of this Site on any other Web site or web page. Competitors and third party aggregators may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without written permission.

3.  Disclaimer of Warranties.  WESTERN ROBOTICS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, OR WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. WESTERN ROBOTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE PRODUCTS, THE SITE, THE SERVICE, AND THE CONTENT. WESTERN ROBOTICS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WESTERN ROBOTICS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

4.  Additional Disclaimers.  Without limiting the disclaimers set forth in Section 3:

a.  Technical Assistance Services.  Western Robotics offers its Technical Assistance Services solely as a convenience to Western Robotics customers. Western Robotics Technical Assistance Services personnel strive to provide useful information regarding the Products. Western Robotics does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Western Robotics shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Western Robotics Technical Assistance Services Personnel, and any reliance on such information or recommendation is at your sole risk and discretion.

b.  Correction of Errors and Inaccuracies.  The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Western Robotics therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Western Robotics does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c.  Third Party Links.  Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Western Robotics of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Western Robotics is not responsible for the availability of any such Web sites and that Western Robotics does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other Web site.

d.  Geographic Limitations on Use.  Like most Internet Web sites, this Site is accessible worldwide. However, not all Western Robotics products or services are available to all persons or in all geographic locations. Western Robotics reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

e.  Color Display.  Western Robotics attempts to display as accurately as possible the colors of the products shown on the Site. However because the colors you see will depend on many factors, including your monitor or printer, Western Robotics cannot guarantee that the color you see matches the product color.

5.  Limitation of Liability.  IN NO EVENT SHALL WESTERN ROBOTICS BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY WESTERN ROBOTICS, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITE, THE SERVICE, OR THE CONTENT; EVEN IF WESTERN ROBOTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WESTERN ROBOTICS OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE, AT WESTERN ROBOTICS’ OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFORE. IN NO EVENT SHALL WESTERN ROBOTICS LIABILITY EXCEED THE BUYER’S PURCHASE PRICE. The foregoing remedy shall be subject to buyer’s written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse (including without limitation static discharge), neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested.

6.  Indemnification.  You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by Western Robotics Technical Assistance Personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless Western Robotics, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided by Western Robotics Technical Assistance Personnel, or any violation by you of this Agreement.

7.  User Conduct.  You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

8.  User Supplied Information.  If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Western Robotics the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

9.  Force Majeure.  Western Robotics will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Western Robotics’ time for delivery or performance will be extended by the period of such delay or Western Robotics may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.

10.  General Provisions.  This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Western Robotics of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, Western Robotics’ Privacy Statement, or your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the Province of British Columbia, without regard to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any Dispute will be venued in a provincial or federal court situated in Vancouver, British Columbia, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

11.  Changes to the Agreement.  Western Robotics reserves the right to change the terms of this Agreement without notice. You are responsible for reviewing this Agreement prior to making any purchase from Western Robotics, and your continued use of the Site acknowledges your agreement to this responsibility. In the event that a change or update is made to this Agreement, the "Date of Last Modification" at the beginning and end of this Agreement will be updated accordingly. Notwithstanding any provision of this Agreement to the contrary, Western Robotics may make changes to this Agreement without notice to comply with applicable laws or best practices and such changes shall be binding on you and Western Robotics.

Conditions of Order

All orders placed via the Site are subject to the terms of this Agreement, including the following Conditions of Order. No change, alteration, deletion or modification of any of this Agreement is permitted without written permission by an authorized Western Robotics representative. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of this Agreement will prevail.

1.  Order Validation and Acceptance.  When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order via the Site is an offer to purchase our Products. Western Robotics may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by Western Robotics until the Product has been shipped. If we decline to accept your order, we will attempt to notify you using the email address or other contact information you have provided with your order.

2.  Quantity Limitations.  Western Robotics may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Western Robotics may reject any order, or any part of an order.

3.  Electronic Communication.  When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Western Robotics will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid email address.

4.  Currency Information.  Western Robotics Canadian Web site are designed exclusively for Canada, United States and purchases in the American dollar. When placing an order for shipments outside of Canada, the customer is responsible for all shipping costs and applicable local duties, tariffs, brokerage fees, and taxes.

5.  Pricing and Product Information.   Western Robotics makes reasonable efforts to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Western Robotics’ acceptance of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Western Robotics, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Western Robotics will issue a credit to your credit card in the amount of the charge. Pricing in Western Robotics Web site, www.wr-store.com, is in American dollars and does not include all duties, tariffs and brokerage fees.

6.  Payment.  Western Robotics offers a number of convenient payment methods for American currency customers, including certified cheques, PayPal, MasterCard & Visa, and prepaid by wire transfers. Payment must be made in the currency in which the order was placed.

C.O.D. terms are not available.

7.  Shipping Charges.  Shipping charges are prepaid and added to the invoice. Any applicable shipping charges are from Western Robotics Ltd. in Surrey, BC, Canada. Availability of ship methods is dependent on the destination country. Shipments of excessive weight or size may require additional charges. Western Robotics will notify you prior to shipment if these conditions exist. Any applicable brokerage fees will be your responsibility and will be due at time of delivery.

7.  Handling Charge.  There is no minimum order or handling fee.

8.  GST, HST and PST.  For Canadian Buyers only, GST (Goods and Services Tax), 5% and PST (Provincial Sales Tax) (BC only) will be added to the invoice. HST (Harmonized Sales Tax), will be applied to participating provinces.

9.  Dishonored Cheques.  If a cheque you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $20.00 (US) as a service charge (if the cheque cannot be redeposited). In addition, you agree to pay any other reasonable charges imposed by any cheque verification company or collection agency that we may use for collection.

10.  Return Policy.  Western Robotics accepts merchandise returns subject to the terms outlined below and will replace the product or refund your money at your option.

To facilitate processing of returned merchandise:

  • Please contact a Western Robotics Customer Service via email
  • orders@western-robotics.com to obtain an RMA (Returned Merchandise Authorization) prior to returning product.
  • All returns should be made within 30 days of date of invoice and be accompanied by the original invoice number and a brief explanation of the reason for the return.
  • Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.
  • Returned merchandise must be in original packaging and in resalable condition.
  • Parts returned due to customer error may be subject to a restocking charge.
  • Defective merchandise may be returned within 90 days of the original invoice date and need not be in original packaging.

© 2014, Western Robotics. All rights reserved.

QUESTIONS OR ADDITIONAL INFORMATION.If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@western-robotics.com.com.

DATE OF LAST MODIFICATION

September 8, 2014
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