Conditions of Use
The Terms and Conditions on this page will govern all sales by Gap Wireless Inc. ("us", "we") unless otherwise agreed to in writing, signed Gap Wireless at its office in Mississauga, Ontario, by an authorized agent. Terms and Conditions contained in Buyer’s purchase order or any other document that are different from or in addition to these Terms and Conditions are objected to, are rejected, and will not be binding on us. Buyer will be deemed to have agreed to these Terms and Conditions by issuing a purchase order number and upon receipt from us of a written acknowledgement of Buyer’s placement of an order. Not-withstanding the foregoing, if we at Buyer’s request, commence performance in any way prior to receipt by Buyer of our written acknowledgement, Buyer’s acceptance of these Terms and Conditions will be deemed to have occurred on the date such performance commences. If for any reason, our Quotation is deemed an acceptance of an offer made by Buyer, such acceptance is expressly conditioned on Buyer’s assent to these Terms and Conditions, which assent will be evidenced by the earlier of Buyer’s acceptance of items delivered by us or any other performance by Buyer or by us. We will proceed to sell items only if Buyer assents to these Terms and Conditions.
Products sold by us are not intended for use in life support or other medical devices or systems, life-critical applications, emergency response or safety related systems, or in connection with any product using nuclear power, or in the aircraft, aviation, aeronautical, aerospace, defense or related industries or for uses or in industries not otherwise provided in the product description. Any such use of products sold by us is at Customer’s sole risk, and Customer agrees to indemnify and hold us harmless from and against any loss, claims, damages, liability, or cost (including court costs and attorney’s fees) resulting from such use or sale by our Customer or any customer of our Customer. Due to the numerous factors affecting the operating range of radio frequency systems we specifically do not guarantee operating range. Customers are urged to contact a local Professional Installer for assistance in designing and installing any Products. We do not provide installation services or design services. Therefore any assistance or advice provided by one of our employees or representatives in selecting equipment is given on a best-effort basis, and should not be relied upon for final decision of product selection by Customer.
As a part of a commitment to continuous improvement, we utilize systems to monitor incoming and outgoing telephone calls with customers to ensure quality of service.
Buyer agrees that all information furnished by or obtained from us in connection with the sale of items hereunder will be confidential, and Buyer agrees not to (i) disclose any such information to any other person, or (ii) use such information for any purpose, other than performing this contract.
For systems operating within the jurisdiction of the FCC, customer acknowledges that any amplification device it purchases is intended for use only in a transmission system certified under Part 15, Part 97 or other applicable section of the rules and regulations of the Federal Communications Commission.
International orders may be subject to any applicable customs duties, VAT, and taxes in the country of destination, all of which are the responsibility of the customer. Buyer hereby assures seller that it does not intend to and will not knowingly, without prior written consent, if required, of the office of the Department of Foreign Affairs & International Trade, Exports Controls Division, 125 Sussex Drive, C-4, Ottawa, Ontario, K1A0G2: export or re-export technical data or goods supplied by seller, to any of the proscribed countries, per Canadian law.
Your receipt of an email or other form of order confirmation does not constitute our acceptance of your order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. All orders are subject to review and acceptance by us. Verification of information may be required prior to the acceptance of any order.
All prices and specifications are subject to change without notice. We reserve the right to change pricing, products and specifications, or discontinue items at our sole discretion for any reason whatsoever including, but not limited to changing market conditions, product discontinuation, component unavailability, manufacturing cost changes and errors in advertisements.
Customers wishing to return products must first obtain a Return Material Authorization (RMA) number from a Customer Service representative. This number must be printed on the outside of the package in order for it to be received and processed. Merchandise must be shipped prepaid. We will determine if credit will be issued upon evaluation of the product and packaging after it’s returned to us. Other details concerning returns are as follows:
Items ordered in error must have a Return Material Authorization (RMA) number issued within 30 days of the original order. These parts are eligible for full credit only if the returned products and packaging are in mint and salable condition. A repackaging/restocking charge not to exceed 25% of the sale price may be charged on any products not returned unopened. Under no circumstances will credit be issued after 30 days from date of invoice or for orders exceeding $500.00 in total value. All freight charges are the responsibility of the customer.
Custom Products and tools are not returnable for any reason unless they are found to be defective. Defective Item Returns items must have a Return Material Authorization (RMA) number called in prior to shipping.
Products distributed but not manufactured by us carry the warranty of the respective manufacturer only. After 30 days from invoice all merchandise returns for distributed products may required handling directly with that manufacturer in accordance with their warranty.
Any orders shipped to or picked up in Ontario, British Columbia, or Quebec Canada must have retail sales tax added or provide an “Exempt Use Certificate” when establishing their account. Customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other province or state. No credit will be given for sales tax paid on purchases made prior to such exemption being on file with Gap Wireless. Sales tax is charged on the products as well as on the shipping and handling amount. All orders shipped within Canada must have either GST or HST (Maritime Provinces).
All orders are shipped FOB our plant in Mississauga, ON or our plant in Buffalo, NY, respectively. The minimum shipping and processing charge for domestic ground shipments is $9.50.
Claims for shortages must be reported within 5 business days of receiving the order, otherwise these orders will be deemed as complete.
Except in the particulars specified by Buyer and agreed to in writing by us, the goods being sold to Buyer will be produced in accordance with our standard practices. All goods, however, including those produced to meet an exact specification, will be subject to tolerance and variations consistent with good manufacturing practices in regard to dimension, weight, section, composition, mechanical and electrical properties; to normal variations in surface and internal conditions and in quality; and to deviations from tolerances and variations consistent with practical testing and inspection methods.
We warrant our manufactured products and assemblies for a period of one year from time of purchase. These products are warranted against defects in workmanship or materials under normal use. We cannot warranty our products in case of misuse, acts of God, or consequential damage. Alteration of product cancels all warranties. Under no circumstances will we be responsible for any damage beyond the replacement cost of the defective merchandise. We reserve the right to repair or replace any products that are returned under warranty. Products distributed by us carry the warranty of the respective manufacturer only. Goods manufactured by us to meet Buyer’s instructions, specifications or requirements are subject to a plus or minus deviation of five percent (5%) in quantity. This warranty applies to the original purchaser only and is not transferable. This limited warranty covers normal use. The limited warranty does not cover damage incurred during shipment, caused by impact with other objects, dropping, immersion in liquid; service by anyone other than us, use not in accordance with instructions, accident, abuse, misuse, natural disasters such as flood, fire, earthquake or lightning, power surges and problems caused by use of power supplies not supplied by us. Warranty coverage will not apply in the event the serial number or brand-name has been removed, altered or defaced. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WE EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED HEREIN. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
We collect the mail address, e-mail address, and phone information of those who communicate with us via written correspondence, e-mail, phone calls, and information volunteered by the customer such as survey information and/or site registration. The information that you give us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information will be used to make our future marketing efforts more efficient. This information may also be shared with other marketers to bring you offers of interest. If you prefer that we do not share your name and address with other marketers, please e-mail us at info@gapwireless.ca or write us at 2900 Argentia Road, Unit 14, Mississauga, ON L5N 7X9
All trademarks referenced in this catalog or website may be the service mark, trademark, or registered trademark of the respective manufacturer. Copyright © 2007-2009 Gap Wireless Inc. Gap Wireless logo is a registered trademark of Gap Wireless Inc in the Canada and/or other countries and may not be used without permission of Gap Wireless.
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