These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to the sale of products (“products”) by Arpi’s Industries Ltd. (“Arpi’s”) to you (“Buyer”).
1. APPLICATION
Buyer will be deemed to have accepted these Terms and Conditions of Sale if any products are sold, supplied, or delivered by Arpi’s to Buyer or an invoice is delivered by Arpi’s to Buyer in respect of such products.
2. ACCEPTANCE OF ORDERS
All orders are subject to acceptance by Arpi’s, which acceptance is contingent on adequate supply and, if applicable, credit approval of Buyer. Arpi’s reserves the right at its discretion at any time after receipt of your order to accept or decline your order for any reason.
3. CANCELLATION:
Buyer may not cancel, change or modify an order without the written consent of Arpi’s and payment by Buyer of all applicable cancellation and/or restocking fees.
4. PRICING:
Prices are subject to change without notice. All prices are in Canadian dollars.
5. PAYMENT:
All online orders are processed immediately. Arpi’s accepts payment via VISA, MasterCard and American Express. No credit terms are offered.
6. SHIPPING:
Most in-stock items ship within five business days by Arpi’s carrier of choice.
Arpi’s will endeavour in good faith to ship all orders as soon as possible, but cannot guarantee delivery by a specific delivery date, and will not be liable for any delay in delivery, including but not limited to as a result of non-performance caused by an act of God, war, labour disputes, civil unrest, accidents, the inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind which is beyond the control of Arpi’s. Please contact Arpi’s to inquire about orders with more specific shipping requirements. Arpi’s reserves the right to select its carrier of choice for all deliveries and makes use of Canada Post and other common commercial couriers. Please specify any delivery instructions in the comments section of your order.
Arpi’s is not responsible for any loss or damage to orders during transit. In the event of damage caused by the carrier, please retain any damaged cartons or other packaging for carrier inspection.
You may arrange for an in-person or curbside pickup of your order at Arpi’s Parts Counter. To prevent fraudulent orders, pick-up orders will only be released to the Buyer upon presentation of the payment card used to process the purchase together with valid photo identification. If this is not possible or you wish to make other arrangements, please do not place a pick-up order online and contact Arpi’s at parts.counter@arpis.com to coordinate.
7. RETURN POLICY
Products purchased online, that are eligible for returns, must be returned within 30 days of the shipment date to receive a full refund onto the original form of payment. A refund may be arranged excluding shipping and handling charges. You may return any product purchased except gas products, electrical products or special orders. All returned products must be in new condition, suitable for resale in its undamaged original packaging and with all original parts; and shall not have been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged in any way. Returns may be subject to a 25% restocking fee, unless otherwise agreed to by Arpi’s. Should any product require return due to a shipping error made by Arpi’s, we will provide return shipping information and cover all return shipping costs. All other returns are at customer’s expense and choice of carrier or may be returned to Arpi’s Parts Counter at 6815 40th Street SE in Calgary during regular business hours.
To initiate a return, please visit arpis.com, click ‘My account’, then ‘Orders’ and ‘Return’ beside the product you want to return. Requests should be responded to within one business day and you will receive a response indicating either the approval or denial of your return request. You can login to check the status of your request at any time. Approved return requests will be notified by email from parts.counter@arpis.com along with the instructions to complete the return.
Please contact Arpi’s at parts.counter@arpis.com for more information or any questions regarding product returns or our return policy.
8. MANUFACTURER WARRANTY CLAIMS AND SERVICE PARTS:
Arpi’s is an authorized warranty claims processor and parts distributor for various manufacturers. All authorized warranty claims will be processed by Arpi’s immediately, subject to manufacturer requirements that products first be inspected, in which case additional shipping charges may apply. Some products may be covered by a manufacturer “in-home warranty” and are limited to receiving service in the owner’s home by a manufacturer-approved repair technician. Accordingly, warranty claims in respect of such products must be arranged through the applicable manufacturer directly, to manage the process of an in-home repair or replacement. Such products cannot be returned to Arpi’s for warranty service claims or replacement and manufacturers will not approve warranty claims on such products that have been uninstalled and returned to Arpi’s.
9. BACK ORDERS:
Items which are not shipped are back-ordered for future shipment unless Buyer cancels its order, in whole or in part, in accordance with these Terms and Conditions of Sale.
10. SET-OFF:
Buyer is not entitled to set-off any amounts due to Arpi’s by any amount that may be due by Arpi’s to Buyer in connection with any transaction governed by these Terms and Conditions of Sale.
11. WARRANTY:
Arpi’s warrants only title to products sold, supplied or delivered to Buyer. All other warranties are those of the applicable manufacturer. Any warranty is void if a product is subject to misuse, modifications, unsuitable physical or operating environment, improper use or maintenance, storage, application or installation. Some products are stamped during production with date codes to signify the warranty period of such products. Manufacturer warranties on date-coded products will only be approved for claims filed within the stated warranty period and it is Buyer’s responsibility to verify such warranty periods before installation. Buyer’s sole and exclusive remedy will be the repair, replacement or refund of the purchase price paid for product returned during the relevant manufacturer’s warranty period, subject to Buyer’s provision of a Warranty claim. All warranty requests must be emailed to parts.counter@arpis.com and must include Buyer’s name, invoice number, the make, model and serial number of the applicable product and an explanation of the product issue for which a warranty claim is being made. ARPI’S DISCLAIMS ALL OTHER WARRANTIES NOT SPECIFICALLY PROVIDED FOR HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. LIMITATION OF LIABILITY:
IN NO EVENT WILL ARPI’S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE PRODUCTS SOLD, SUPPLIED OR DELIVERED TO BUYER AND ARPI’S WILL NOT, IN ANY CIRCUMSTANCES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES SUFFERED BY BUYER.
13. DEFAULT:
If Buyer is in default of these Terms and Conditions of Sale, Arpi’s may, at its option, cancel any unexecuted portion of any order to which these Terms and Conditions of Sale apply and/or exercise any right or remedy which may be available to it at law. Buyer will be in default under these Terms and Conditions of Sale if: (a) the Buyer fails to perform any covenant, term or condition contained herein or breaches any representation or warranty given by Buyer to Arpi’s; (b) Buyer fails to give a required notice to Arpi’s; (c) Buyer is insolvent or fails to pay its debts as they come due or Buyer makes an assignment for the benefit of its creditors, or a receiver or receiver and manager is appointed for Buyer or for any of the products ordered pursuant to these Terms and Conditions of Sale, or if any petition is filed to adjudicate Buyer bankrupt.
14. INDEMNIFICATION:
Buyer shall indemnify, hold harmless and defend Arpi’s, its affiliates and their respective employees, officers, directors and agents from and against any action, cause of action, judgment or claim for damages to property (including environmental damages) or bodily injury, loss of life or any other liability, cost or expense of any nature as a result of the breach of any applicable laws or regulations or these Terms and Conditions of Sale, in connection with the installation, use or repair by Buyer of the products sold, supplied or delivered by Arpi’s.
15. NON-WAIVER:
The failure of Arpi’s to insist upon the strict performance of any of these Terms and Conditions of Sale will not be deemed to be a waiver of any of the right or remedies of Arpi’s, nor of its right to insist upon strict performance of such term or of any other term in the future. No waiver of any of these Terms and Conditions of Sale will be valid unless in writing signed by Arpi’s.