1-866-311-1945 sales@excessups.ca

Canada Canada [change]


PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

This agreement (the “Agreement”) between ExcessUPS Ltd., a Canadian Corporation ("ExcessUPS", "our", "we" or “us”) and users of our website (“you”) contains the terms and conditions that apply to your use of our website, www.excessups.ca, (the Website”) and your purchase of products and/or services. By using this Website, you agree to be bound by and accept these terms and conditions.

THESE TERMS AND CONDITIONS APPLY UNLESS YOU HAVE SIGNED A SEPARATE PURCHASE AGREEMENT WITH US, IN WHICH CASE THE SEPARATE AGREEMENT GOVERNS.

These terms and conditions are subject to change without prior written notice at any time, in our sole discretion.

1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between you and ExcessUPS, these terms and conditions may NOT be altered or amended in any way.

2. Governing Law. THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ONTARIO AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO.

3. Refurbishment Process; You acknowledge that the UPS you are purchasing is refurbished and also includes brand new batteries. You can find an explanation of our refurbishment process on our about us page as well as additional information about our returns policy here and our warranties policy here.

4. Orders. Orders constitute an offer from you to us to buy a product and are not binding upon us until we accept them. Acceptance of your offer occurs only when you receive a shipping confirmation, and does not occur when you receive any other confirmation, including but not limited to an order confirmation. We reserve the right to cancel your order at any time before accepting. We may rescind acceptance of your order and cancel it when there has been an obvious error in price or where the product is no longer in its inventory. Any quotations we provide will be valid for the period stated on the quotation.

5. Prices; Products; Availability. Products on our Website are subject to change without notice. Errors will be corrected when discovered. Our Website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced, the quantity or availability of a product may have changed just prior to when you place your order or other errors may be displayed on the product page.

A. Products. We reserve the right to correct any errors, inaccuracies or omissions on a product page. We also reserve the right to rescind acceptance of your order and cancel your order without penalty in the event there is an obvious error on the product page, at our reasonable discretion.

B. Prices. Where a product's correct price is less than the stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either reject your order and notify you of such rejection or contact you for instructions before dispatching the product. We are under no obligation to provide the product to you at the incorrect (lower) price, even after sending you an order confirmation or a shipping confirmation, if the pricing error is obvious and could have been recognized by a reasonable person as a pricing error.

C. Orders. On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted where the product is no longer available. You agree that we may cancel your order after you have received an order confirmation without penalty. In addition, it is unlikely but possible that you receive a shipping confirmation from us, but the product is no longer available. You agree that we may rescind your order acceptance and cancel your order without penalty if the product you ordered is unable to ship due to unavailability.

6. Payment Terms. Terms of payment are within our sole discretion, and we must receive payment prior to our acceptance of an order. Payment for the products and services may be made by credit card, PayPal, or some other prearranged payment method. We may invoice parts of an order separately.

7. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless you provides us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes ExcessUPS’s net income. If applicable, a separate charge for taxes will be shown on the invoice. If you reside in the United States of America you are exempt from paying Canadian taxes.

8. Title; Risk of Loss. Title to products passes from us to you on tender of the product to the shipping carrier. Loss or damage that occurs during shipping is your responsibility. Ship dates are estimates only. We are not liable for delays in shipment or failure to ship by the estimated ship date.

9. Warranties. Please see our warranty page for the terms and conditions of our warranty policy.

10. Return Policies. Please see our returns page for the terms and conditions of our return policy.

11. Products. We continually upgrade and revise our products and service offerings to provide you with new choices. We may revise and discontinue products at any time without prior notice to you. We will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible. Spare parts may be new or reconditioned.

12. Intellectual Property. ExcessUPS and other marks which may or may not be designated on our Website by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of ours in Canada, the United States and other countries. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

13. Termination of usage. We may terminate your access or suspend your right to access to all or part of our Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these terms or is harmful to the interests of other users or us. In addition, we reserve the right to refuse an order from any you in our sole discretion.

14. Limitation of Liability. EXCESSUPS.COM (INCLUDING OUR PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, LOST OR CORRUPTED DATA OR SOFTWARE, PRODUCTS SOLD THROUGH EXCESSUPS.COM OR THE PROVISION OF SERVICES OR SUPPORT. WE WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS. WE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).

NEITHER WE NOR YOU MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN EIGHTEEN (18) MONTHS FROM THE DATE OF LAST PAYMENT.

SOME PROVINCES OR STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.

15. Dispute Resolution.

A. Acknowledgments You acknowledge that we possess valuable confidential and proprietary information, including trademarks and business practices, that would be damaging to us if revealed in open court. You and we (the “parties”) further acknowledge and agree that it is preferable to resolve all disputes between them confidentially, individually, and in an expeditious and inexpensive manner. The parties accordingly acknowledge and agree that private dispute resolution is preferable to court actions.

B. Good Faith Negotiation. Before commencing any arbitration in the manner set out in Subsection 15(C) below, the parties shall first attempt to resolve any dispute or differences between them by way of good faith negotiation. The good faith negotiation shall commence by each party communicating their position regarding the complaint, claim, dispute, or controversy to the other party, and how the parties should resolve the dispute. The parties shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence any arbitral proceedings unless and until the good faith negotiation fails.

C. Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST EXCESSUPS, our agents, employees, officers, directors, successors, assigns or affiliates (collectively for purposes of this paragraph, "EXCESSUPS") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), ExcessUPS’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE ADR CHAMBERS CANADA ("ADR CHAMBERS") under its No Reasons Writing Only Expedited Arbitration program and using the specific procedures for the resolution of small claims and/or consumer disputes then in effect (available via the Internet at http://adrchambers.com). The arbitration will be limited solely to the dispute or controversy between you and ExcessUPS. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed with the ADR Chambers in writing at ADR Chambers, 180 Duncan Mill Road, 4th Floor, Toronto ON M3B 1Z6.

D. Injunctive Relief and Provisional Relief in Aid of Arbitration. Notwithstanding the provisions in this Section 15 or anywhere else in this Agreement, ExcessUPS shall have the right to seek and obtain any provisional or interim relief from any court of competent jurisdiction to protect its trademark or property rights or to preserve the status quo pending good faith negotiation and/or arbitration.

16. Applicable Law; Not For Resale. You agree to comply with all applicable laws and regulations of the United States and Canada including the various provinces of Canada and the state and local governments of the United States. You agree and represent that you are buying for your own internal use only, and not for re-sale. We have separate terms and conditions governing re-sales.

 17. Exports. You acknowledge that the products licensed or sold under this Agreement are subject to, and you agree to comply with the export control laws and regulations of Canada and the United States.

18. Service and Support. Our services and support are limited to those customers who (i) purchased goods and/or services directly from us either via telephone, email or through our website and (ii) are also the end-users of such goods and/or services (“end-user customers”). We will provide general service and technical support to end-user customers in Canada and the United States, in accordance with the then-current service and technical support policies and conditions in effect. For end-user customers, we promise that our support people will attempt to handle over the telephone any problem involving our products. However, our support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. If you purchased optional services and support, we and/or a third-party service provider will provide the optional service and support to you in Canada and the United States in accordance with the then-current terms and conditions in the optional service contract between us and/or the third-party service provider and you (available by contacting us at 1-866-311-1945).

 We and/or the third-party service provider may, at our discretion, revise general and optional service and support programs and the terms and conditions that govern them. The optional services and support programs and their terms and conditions in place at the time of purchase will apply to your purchase. We have no obligation to provide service or support until we have received full payment for the product or service/support contract for which service or support is requested.

19. Links to third party websites. This Website may contain links to sites owned or operated by parties other than ExcessUPS. Such links are provided for your reference only. We do not control outside sites and are not responsible for their content. Our inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

20. Headings. The section headings used herein 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 there from.

21. Force Majeure. We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control.

22. Privacy Reminder: We respect your privacy. To review a copy of our privacy policy outlining our collection, use and disclosure of your personal information, please review our privacy policy here.