Terms & Conditions of Sale (the fine print)
The following terms and conditions govern the sale of products by AIRGUARD INC. By submitting your on-line order to AIRGUARD INC, you have indicated your acceptance to be bound by these terms and conditions of sale. At AIRGUARD INC's sole discretion, these terms and conditions may be changed without prior notice at any time before AIRGUARD INC accepts your order.
AIRGUARD INC does not guarantee that products and services advertised on our website will be available when ordered or thereafter.
Payment is due by credit card. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card is declined, so will be the order. No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.
Disclaimer of Warranty
When products are shipped to you, their limited warranties applicable to products are in effect and are included with the shipment. Certain products may have additional warranties provided by the original manufacturer but not by AIRGUARD INC.
Payment Shipping and Handling Charges and Taxes
The buyer is responsible for any taxes or tariffs associated with your purchase.
Prices shown on AIRGUARD INC's website do not include shipping and handling. Neither do not the prices include taxes unless otherwise noted. Prices are available in several currencies as noted on the website. The price charged for an order will be the price in effect at the time the order is made.
Shipping & Risks during Shipping
When products are shipped to you by common carrier, AIRGUARD INC's liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by making the appropriate requests when placing your order with AIRGUARD INC.
Order Cancellations & Changes
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be sent to our warehouse for fulfillment very soon after they are placed. Due to difficulty of locating orders once they have begun the fulfillment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing.
Please review orders very carefully prior to submitting them and in the case a cancellation is necessary; please contact us as soon as possible to increase the likelihood that we are able to stop your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.
Errors, Misprints, and Omissions
Our goal is to provide current and accurate information on our website. However, errors, misprints, and omissions sometimes occur. These include but are not limited to incorrect or incomplete prices, descriptions, specifications, photographs or illustrations. AIRGUARD INC makes no warranty that the content of the website is accurate or complete.
Prior to shipment or delivery of any order, AIRGUARD INC may cancel, reject, correct, or terminate any order for products, services, or insurance for which the price was incorrectly displayed or where we otherwise displayed erroneous, incomplete, or inaccurate information. AIRGUARD INC cancel, reject, correct or terminate at any stage of the order processing, including after an order has been submitted and confirmed, and your credit card or debit card has been charged or an electronic funds transfer has been sent or received. In the event your order is cancelled by AIRGUARD INC after your credit card or debit card has already been charged, AIRGUARD INC will immediately issue a credit to your payment card account in the amount of the charge. Individual bank or credit union policies will determine when this amount is credited to your account.
AIRGUARD INC is not obligated to complete any sale of products, services, or insurance based on errors, misprints, or omissions on our website.
AIRGUARD INC may at any time, with no prior notice or liability to any website user (a) correct any error, inaccuracy, or omission; (b) change the products and services available on the website, or the prices, fees, description, and specifications of such products, services, and insurance; (c) limit quantities, promotional or otherwise, available for sale.
Airguard Incorporated "Airguard" warrants its new, unused, products to be free of defects in material and workmanship at time of delivery to the purchaser in accordance with this Warranty.
1) Warranty Repair Period and Remedies
- Airguard will repair or replace, at its option, without charge for parts, any Airguard product that is found to be defective within two years from the date of purchase. This is limited to breakage only and does not include the wearing or breaking of product due to normal wear conditions.
2) Exceptions To This Warranty
- In no event shall the purchaser be entitled to recover costs for incidental, special or consequential damages such as, but not limited to: loss of crop, loss of profit or revenue, other commercial losses, inconvenience or replacement equipment rental cost, cost of labour, etc.
- Alterations, modifications or additions made to a Airguard product will void this warranty, unless prior written permission is obtained from Airguard.
- The following items are not considered defects covered by this Warranty:
- Failure resulting from lack of or improper maintenance.
- Damage caused by operator abuse, negligence, or improper operation.
- Damage due to accidents.
- The terms of this Warranty are subject to applicable Provincial and/or State legislation. Airguard reserves the right to make changes to this Warranty in accordance with legislation at any time without notification or obligation. This warranty applies unless the law provides a greater warranty in the jurisdiction of the purchaser.
- Airguard reserves the right to continually improve its products, and reserves the right to change products or specifications at any time without notice or obligation.
- Airguard will repair or replace, at its option, without charge for parts, any Airguard 7360 body (7361) that has worn through the Stainless body (7361) within ten years from the date of purchase or after 100,000acres of use from the date of purchase, whichever comes first. This warranty is limited to wear only and non-transferable. This warranty only applies to the 7361 Stainless Body. All Plastic components and hose clamps are not covered by this exception.
3) Purchaser's Obligations
- It is the responsibility of the purchaser and operator to read, understand, and practice the maintenance, safety, and operational guidelines as set out in the installation instructions supplied with the product.
- It is the purchaser's responsibility to ensure that the Warranty registration form, available on the Airguard website, is completed in full, and forwarded to Airguard.
- This Warranty shall only become valid if the Warranty registration form is received by Airguard within 20 days of the purchaser's purchase of the product. Failure to supply Airguard with the Warranty registration form shall VOID the Warranty, in which case no warranty shall apply.
- No other warranty of any kind whatsoever, express or implied, is made with respect to the products; and all implied warranties of merchantability and fitness for a particular purpose that exceed the obligations set forth in this written Warranty are hereby disclaimed and excluded. This exclusion shall not apply in any jurisdiction where it is not permitted by law.
- This warranty shall not be interpreted to render Airguard liable for injury, death, property damage or damages of any kind, whether direct, consequential, or contingent to property.
- No employee or representative of Airguard is authorized to amend this Warranty in any way or grant any other additional warranty unless such change is made in writing and signed by the CEO of Airguard.
- Airguard shall not be held liable for expenses relating to such matters as transportation, fuel, lodging when a dealer/dealer representative travels to a customer location for warranty inspection or work. The purchaser is responsible for inspecting the purchaser's machine and the condition of the products, and for having products repaired or replaced when continued use of the product could cause damage or excessive wear to any other products. It is the user’s responsibility to deliver the products to a Airguard dealer for service or replacement if defective and are covered by the Warranty. All warranty inquiries are to be directed to:
Attention: Warranty Department
165-2771 Progressive Way, Abbotsford, BC, V2T 0A7
Merchandise Return Procedure
To obtain a "Return Merchandise Authorization"(RMA) Number, Buyer must:
1. Call AIRGUARD INC's Customer Service Representative.
2. Provide the invoice number, date of purchase, serial number of items to be returned, and reason for return.
RMA numbers are valid for 30 days from date of issuance.
Packing and Shipping
1. Attaching a copy of the original invoice and test report of each item to be returned, if possible.
2. Pack items in original shipping containers with all accessories.
3. Mark the RMA number clearly on the outside of each container.
4. Ship to AIRGUARD INC, freight prepaid and insured.
Replacement or repair will be made when merchandise is received by AIRGUARD INC. No advance replacement is available.
Subject to a restocking fee, AIRGUARD INC will allow the return of certain products for credit for any reason under certain terms and conditions. The following procedures must be followed if you want to obtain a credit for a return item:
First, you must obtain a return authorization number.
Second, the return item must be accompanied by a return authorization number and received at the AIRGUARD INC warehouse within twenty-four (24) days of AIRGUARD INC's shipment of the item to you.
You must pay the shipping and duty for returned items. A restocking fee of 15% will be subtracted from credit for returned items.
AIRGUARD INC provides technical support for all of its products.
Limitation of Liability
The maximum liability to you for products purchased from AIRGUARD INC shall be limited to the purchase price you have paid for the products. Also, AIRGUARD INC will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
THIS RETURN POLICY IS NOT A WARRANTY. AIRGUARD INC reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the previous return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.
These terms and conditions shall be interpreted under and governed by the laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
All dispute, controversy, or claim against AIRGUARD INC arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau.(BBB)
The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and AIRGUARD INC. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney's fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by AIRGUARD INC. These terms and conditions may not be modified, altered or amended without the written agreement of AIRGUARD INC.
If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be Severable.
You may not assign this agreement without AIRGUARD INC's prior written consent. AIRGUARD INC is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from AIRGUARD INC, this agreement shall take precedence.
Linking and Framing the Web Site
Links to the Web Site without the express permission of AIRGUARD INC are strictly prohibited. AIRGUARD INC reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.