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Terms of Service

OVERVIEW

eMotors Direct operates this website. Throughout the site, the terms “we,” “us,” and “our” refer to eMotors Direct. eMotors Direct offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on NetSuite ERP. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written consent from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. Images are supplied by manufacturers and we cannot guarantee their accuracy. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials whether online, by email, by

postal mail, or otherwise (collectively, 'comments'), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time without notice to you.

You expressly agree that your use of or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall eMotors Direct, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.

SECTION 14 – MANUFACTURER WARRANTY

If a product is defective due to manufacturer workmanship or materials and the defect occurs during the warranty period, a manufacturer authorized service center of eMotors Direct's choice will either repair the product or replace it with a new one, whichever eMotors Direct believes to be appropriate under the circumstances.

eMotors Direct will defer to the discretion of the manufacturer authorized service center to determine if the claim is covered under the manufacturer warranty.

eMotors Direct is not responsible for removing and shipping the product to or from the manufacturer authorized service center, the reinstallation of the product upon its return to the customer, or any incidental or consequential damages resulting from the defect, removal, reinstallation, shipment, or otherwise.

If the authorized service center determines that the product is not defective due to the manufacturer's workmanship or materials, the product will either be returned or disposed of by the authorized service center, whichever eMotors Direct believes to be appropriate under the circumstances.

eMotors Direct does not offer an extended warranty for products sold.

eMotors Direct and its manufacturer authorized service centers follow the guidelines outlined by the manufacturer and EASA (The Electrical Apparatus Service Association, Inc.) when evaluating warranty claims. User errors including but not limited to the below list are not covered under manufacturer warranty:

  1. Power supply failure due to a blown fuse, open contractor, or broken power line or connection.
  2. Insulation damage caused by contaminants, abrasion, vibration, or voltage surge.
  3. Windings shortened turn-to-turn caused by contaminants, abrasion, vibration, or voltage surge.
  4. Windings with shortened coil caused by contaminants, abrasion, vibration, or voltage surge.
  5. Phase damage due to unbalanced voltage caused by unbalanced loads on the power source, a poor connection at the motor terminal, or a high resistance contact (weak spring).
  6. Winding damage due to overload.
  7. Under-voltage and over-voltage (exceeding NEMA standards).
  8. Excessive starts or reversals.
  9. Incorrectly connected for the wrong voltage based on factory settings or manufacturer-recommended connections.

If it is determined by the manufacturer authorized service center that the product is not covered under warranty, the warranty claim will be declined. eMotors Direct reserves the right to select a manufacturer authorized service center of their choice.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless eMotors Direct and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 – PROMOTIONS AND DISCOUNTS

Promotion codes must be applied by the customer at checkout for the promotion to apply to the order. While quantities last. Promotions can not be applied after checkout. Promotions are timebound, and once the promotion period is complete, a discount will not be applied to the purchase. eMotors Direct reserves the right to cancel or modify discounts and promotions at any time. Promotion codes and discounts are valid for a limited time only. Only one promotion code can be used at a time and cannot be combined with other offers. eMotors Direct reserves the right to void the transaction where prohibited. Promotion codes and discounts are not transferrable and may not be resold or redeemed for cash. If the customer returns or exchanges any of the items purchased with a promotion or discount, the discount or value may be subtracted from the return credit. Promotion codes apply to the value of the product or service before the cost of shipping, handling, and taxes.

SECTION 19 – SHIPPING DESTINATIONS

Additional shipping services used by the customer will be charged to the payment method on file, including but not limited to; private residency charges, hydraulic tailgate pick up and delivery, appointment delivery, call prior to delivery, storage fee, re-delivery, re-consignment, inside pickup/delivery, or detention without power.

All shipping price estimates and delivery time estimates are based on information available at the time of purchase and are subject to change without notice.

All shipping price estimates and delivery time estimates are based on delivery to a Canadian postal code. Orders with shipment destinations outside of Canada will not be guaranteed. If you are outside of Canada, you may place an order request; however, the order may not be fulfilled, and the product and shipping price are subject to change.

eMotors Direct reserves the right to designate origin and intermediate carriers. If a specific delivery carrier is required, the customer must designate such carriers in writing to eMotors Direct prior to shipment.

SECTION 20 – LARGE QUANTITY ORDERS

Release dates are estimates and are based on the information available at the time of contract signing. Release dates are subject to change at the discretion of eMotors Direct Inc and/or the manufacturer. A change in release dates will not impact the invoicing schedule.

All goods must be taken by the customer within (6) months of the order placement date, unless otherwise changed by eMotors Direct Inc. eMotors Direct Inc reserves the right to adjust delivery dates based on the manufacturer's ability to fulfill the order. This contract cannot be cancelled or terminated once initiated.

Once goods arrive, release dates can be moved forward but cannot be changed to a later date. There is a maximum of (6) releases per purchase order. Any past due amount owing must be paid before large quantity orders will be accepted under this agreement.

SECTION 21 – ENGINEERED TO ORDER

Release dates are estimates and are based on the information available at the time the customer places the order. If the customer has approved terms with eMotors Direct, 50% of the total project cost will be invoiced upon the order being placed, and this invoice is due upon receipt. The outstanding 50% payment will be due before delivery will be made. Full payment for engineered to order products must be made to eMotors Direct before the product is delivered to the customer.

SECTION 22 - PRICING

All prices are subject to change without notice and are not guaranteed, except prices for an order submitted and confirmed through your account.

SECTION 23 – Returns and Exchange

Exclusions to returns and exchanges include but are not limited to:

  • • Parts and accessories.
  • • Customized items that have been assembled or modified (i.e. gear reducers, flanges that have been installed, etc.).
  • • Special request items that have been custom ordered (such as those not normally stocked in Canada).
  • • Products that have been damaged by the customer.
  • • Products that have been installed and/or used.
  • • Exchanges and returns apply to Canadian orders only. Orders being shipped to the United States will be considered final sale.

Conditions of returns and exclusions include:

  • • Return or exchange requests must be submitted within 30 days of the delivery date.
  • • If the product has been installed and/or turned on, the return or exchange will not be accepted.
  • • A restocking fee of 50% will apply to all returns. The 50% restocking fee will be waived if an exchange is made.
  • • A product may be exchanged for another product at least 75% of the initial MSRP value and the same rating as the initial product purchased. Products that are lower than 75% of the initial products value or are not the same rating will be considered a return. eMotors Direct reserves the right to decline exchanges that do not meet this criteria.
  • • As soon as an order has been placed, our manufacturer partners will immediately start preparing your order. If canceling a submitted order, it will be considered a return and a 50% restocking fee will apply.

Defective items may be repaired, refunded, or exchanged for the same model or an equivalent model at eMotors Direct’s discretion. This excludes discontinued products. If a newer model has been released for the product you ordered and it was listed as discontinued at the time of purchase, we reserve the right to charge you the difference for the new model. This is at eMotor Direct’s discretion.

SECTION 24 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 11635 180 STREET NW, Edmonton, AB T5S 2J2, Canada.

SECTION 26 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@emotorsdirect.ca.