Introduction

Welcome to the Peerless Engineering Sales Ltd. web site (the “Site”). The terms “we”, “us”, and “our” refer to Peerless Engineering Sales Ltd. The use of our website is subject to the following terms and BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. Your access to, and use of this Site is expressly conditioned on your acceptance without modification of the following Terms of Use. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.

Peerless Engineering Sales Ltd. reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Term of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Peerless Engineering Sales Ltd. for other products or services. If you have any question(s) regarding the use of the Site, please email your question(s) to:  orders@peerlesse.com

1. INCORPORATED POLICIES OR TERMS

• Privacy Policy :

  Peerless Engineering Sales Ltd. believes strongly in protecting user privacy and providing you notice of Peerless Engineering Sales Ltd. collection and use of data, including personal information, collected from the Site. Therefore, Peerless Engineering Sales Ltd. has adopted a Privacy Policy that you should refer to fully understand how Peerless Engineering Sales Ltd. uses and collects information.

• Terms of Sale :

  All orders placed via the Site are governed by Peerless Engineering Sales Ltd. Terms of Sale. All references to monetary amounts, including prices, on the Site and in the Terms of Sale or these Terms of Use shall be in Canadian currency. You should refer to our Terms of Sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, including the disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time, in Peerless Engineering Sales Ltd. sole discretion so you should review the Terms of Sale each time you make a purchase.

1. OWNERSHIP OF TECHNOLOGY

Peerless Engineering Sales Ltd. has developed an automated software that provides (the “Technology”) to process your order. You acknowledge that Peerless Engineering Sales Ltd. owns all right, title and interest in and to the Technology that enables you to use this Site as a comprehensive on-line destination for one-stop shopping in the Fluid Power, Vacuum and Automation industry. All content included on this Site is the property of Peerless Engineering Sales Ltd., and/or its various third-party providers and distributors and is protected under the intellectual property laws of Canada and other countries. None of the content found on this Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Peerless Engineering Sales Ltd. and/or its third-party providers and distributors.

2. COPYRIGHT

All copyrighted and copyrightable materials on this Site, including, without limitation, the Peerless Engineering Sales Ltd. logo, design, text, graphics, pictures, and other files, and the selection and arrangement (“Materials) thereof are the property of Peerless Engineering Sales Ltd., ALL RIGHTS RESERVED Copyright © 2021 Peerless Engineering Sales Ltd., Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Peerless Engineering Sales Ltd.  or the respective copyright owner.

3. TRADEMARKS AND SERVICE MARKS

Peerless Engineering Sales Ltd., the Peerless Engineering Sales Ltd.  logo, and the products and services described in this Site, including without limitation, “Peerless Engineering Sales Ltd.” are either trademarks, service marks or registered trademarks of Peerless Engineering Sales Ltd. and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Peerless Engineering Sales Ltd. or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Peerless Engineering Sales Ltd., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Peerless Engineering Sales Ltd. All other trademarks, registered trademarks, product names and Peerless Engineering Sales Ltd. names or logos mentioned herein are the property of their respective owners.

4. USE OF SITE

Peerless Engineering Sales Ltd. grants you a limited license to use this Site, including the Technology, to make legitimate orders and purchases and shall not use this Site and/or the Technology for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site and/or the Technology or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and/or the Technology and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Peerless Engineering Sales Ltd.  or any third party.

This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Peerless Engineering Sales Ltd., except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of Peerless Engineering Sales Ltd. or the respective copyright owner, (a) copy, publish, or post any materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

You may not use, frame or utilize framing techniques to enclose any Peerless Engineering Sales Ltd.  trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Peerless Engineering Sales Ltd.’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Peerless Engineering Sales Ltd.  name, trademark, or product name without Peerless Engineering Sales Ltd. ’s express written consent.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

5. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.

6. TERMINATION

You agree that Peerless Engineering Sales Ltd. , in its sole discretion, may terminate your or any Authorized User’s password, account or use of the Site, or restrict your or other party Authorized User’s access to any component of this Site, for any reason, including without limitation, for lack of use or if  Peerless Engineering Sales Ltd. believes that you or any Authorized User has violated or acted inconsistently with the Terms of Use or applicable laws or regulations.  Peerless Engineering Sales Ltd. may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that Peerless Engineering Sales Ltd. may immediately deactivate or delete your Membership Account if applicable and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Peerless Engineering Sales Ltd.  shall not be liable to you or any third party for any termination or restriction of access to the Site.

7. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY Peerless Engineering Sales Ltd. TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE.  Peerless Engineering Sales Ltd.  MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE Peerless Engineering Sales Ltd. SITE, ITS OPERATION, CONTENTS, INFORMATION OR MATERIALS.

Peerless Engineering Sales Ltd. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AN]) THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

8.   LIMITATION OF LIABILITY

YOU AGREE THAT Peerless Engineering Sales Ltd., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Peerless Engineering Sales Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Peerless Engineering Sales Ltd. (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED CDN$ 100.00 OR THE COMPENSATION YOU PAID Peerless Engineering Sales Ltd. WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Products or Services 

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

9. INDEMNIFICATION

You shall indemnify, defend and hold harmless Peerless Engineering Sales Ltd. and its officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any of your Authorized Users’ use of this Site, including but not limited any violation by you or any Authorised User of the Terms of Use. Peerless Engineering Sales Ltd. reserves the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.

10. LINKS

This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Peerless Engineering Sales Ltd. of the linked web site or information contained therein. Peerless Engineering Sales Ltd. shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

11. RELATIONSHIP

The relationship between Peerless Engineering Sales Ltd.  and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.

12. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and this Agreement.

13. ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

14. SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

15. HEADINGS

The heading used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

16. ENTIRE AGREEMENT

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

17. QUESTIONS OR CONCERNS

Please send all questions, comments and feedback to us at orders@peerlesse.com