Terms and Conditions
Limitations of Liability
In no event shall STEM wonders for Edutainment, Ltd. (“STEM”) or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. In the event of any issue with a product that you have purchased through STEM, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer’s warranty, or to seek a return and refund for such product in accordance with STEM’s return policy.
Prices; Typographical Errors
Prices are subject to change without notice. STEM is not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, STEM shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. STEM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, STEM shall promptly issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. STEM reserves the right at any time after receipt of your order to accept or decline your order for any reason. STEM reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. ALL ORDERS ARE SUBJECT TO THESE TERMS AND CONDITIONS OF SALE. YOU ACKNOWLEDGE AND AGREE THAT ACCEPTANCE OF YOUR ORDER IS CONDITIONED UPON YOUR ASSENT TO THESE TERMS AND CONDITIONS OF SALE AND ANY INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE.
The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. You acknowledge and agree that STEM is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold. STEM makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties, so these limitations may not apply to you. Manufacturers’ warranties for exported products may vary or may be null and void for products exported outside Canada.
Terms of payment are within STEM’s sole discretion, and unless otherwise agreed to by STEM, payment must be received by STEM prior to STEM’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by STEM. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. STEM may invoice parts of an order separately. Orders are not binding upon STEM until accepted by STEM. Any quotations given by STEM will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Separate charges for shipping and handling will be shown on STEM’s invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on STEM’s invoice. STEM will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures or acts of God. Click [here] to view the STEMindustrial.ca shipping policy.
Title/Risk of Loss
Title to products and risk of loss passes from STEM to you upon delivery to the carrier.
Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards. Once you place an order for custom-cut, customer built or special order items (such as matting, slings, cranes, prefab offices, buildings, mezzanines, assembled lockers and regularly stocked items such as generators, pressure washers, water and trash pumps, snow throwers, radio headsets, striping paint, line stripers, floor care machines, vacuums, custom fabric chairs, forklifts) your order is considered non-cancelable and any custom-cut, customer built or special order items purchased by you are also non-returnable.
These terms and conditions of sale may be amended at anytime by STEM. These terms and conditions of sale, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada.
User Generated Content Policy
From time to time on certain areas of the Site you may be able to submit reviews, comments, feedback and certain other materials (collectively, “User Contributions”). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by STEM in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of STEM, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.
You represent and warrant that you own or have a valid license to use the User Contribution submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of the User Contribution, and STEM’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
For any User Contribution that you submit, you grant STEM and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution and/or incorporate your User Contribution into any form, medium or technology throughout the world without compensation to you. Any User Contribution that you submit may be used and shared with authorized third-parties at STEM’s sole discretion. STEM sometimes offers gifts of nominal value to individuals for submitting reviews on the Site. STEM is committed to complying with government gift and ethics rules and therefore government employees are not eligible to receive such gifts.
You agree that you will not divert, use, export or re-export the products contrary to United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.
STEM does not sell products intended to be used as Aircraft Products. STEM shall not be responsible to Customer or any third party, including any customer of Customer, or liable for any liability, damage, loss, injury, demand, claim or suit that directly or indirectly arises out of or allegedly arises out of use of or is attributable or due to use of the products we sell as Aircraft Products. “Aircraft Products” means (i) aircraft, missiles or spacecraft and any ground support or control equipment used in connection with aircraft, missiles or spacecraft; (ii) products installed in or used in connection with aircraft, missiles or spacecraft, including spare parts, ground handling tools and equipment; (iii) training aids, instructions, manuals, blueprints, engineering or other advice; and (iv) any services and labor related to any of the above. Customer warrants that it shall not use or install or offer for sale an item purchased from STEM as an Aircraft Product. In addition, Customer shall not sell to any of its direct or indirect customers, any item purchased from STEM which its customer intends to use as an Aircraft Product and shall advise its customers in writing of such prohibition.
Important Country of Origin Information
For certain items sold by STEM on STEMindustrial.ca, the displayed country of origin information may not be accurate or consistent with manufacturer information. For updated, accurate country of origin data, it is recommended that you rely on product packaging or manufacturer information.
Safety Data Sheet (SDS)
A Safety Data Sheet is a document that includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Since each SDS is supplied by the chemical manufacturer/importer, STEM expressly relies on the evaluation of the chemical manufacturer/importer contained therein. STEM MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU AND/OR ANY OTHER USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. Send SDS requests to: STEM Industrial Canada., 110-35 Staples Avenue Richmond Hill, Ontario L4B 4W6, Attn. Legal Department, or log onto the Site and click the SDS link for the applicable product or call 888-645-2986.
TERMS AND CONDITIONS OF USE
Materials appearing on the STEMindustrial.ca Web site (the “Site”) are copyrighted by STEM unless otherwise noted, and may not be used without the written permission of the copyright owner.
The Site is presented for private, noncommercial use only. Materials presented at the Site may be downloaded and printed exclusively for private, noncommercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of STEM.
Trademarks appearing at the Site may be owned and/or registered by parties other than STEM, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of STEM or other parties.
STEM will enforce its intellectual property rights to the full extent of the law.
STEM serves customers in Canada. All product prices, specifications and availability are subject to change without notice. Prices do not include shipping or applicable sales tax.
STEM uses reasonable efforts to include accurate and up-to-date information on the Site but does not warrant that it is free of errors or omissions. Because of continuing improvements, actual products may differ slightly from photo. Photograph images may have been retouched. STEM will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user’s use of, or reliance upon, material presented at the Site. STEM will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site. STEM is not responsible for the contents of any off-site pages or any other sites linked to the Site. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
All communications received by STEMindustrial.ca via electronic mail or otherwise, including letters, questions and comments, may be posted on the Site or otherwise published by STEM. Such communications may be edited for length and clarity.
Certain links on the STEMindustrial.ca site will allow you to leave the STEMindustrial.ca site. These linked sites are not produced by STEM and STEM is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by STEM as a service to its customers, and the links do not necessarily imply endorsement by STEM.
The videos provided on the Site are for informational, educational and promotional purposes only (the “Informational Content”). It is your responsibility to ensure compliance with all applicable laws, rules, codes and regulations and STEM assume no responsibility for the accuracy of the information contained in the Informational Content and disclaims any liability for omissions, errors or outcomes. If there is any question or doubt in regard to any element contained in the Informational Content, please consult a licensed professional. You may not rely on any information and opinions expressed in the Informational Content for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Informational Content. Under no circumstances will STEM be liable for any loss or damage caused by your reliance on any Informational Content.
Right to Discontinue Service
STEM reserves the right to cease providing Google Translate functionality and/or content at any time without notice. STEM assumes no liability for, and expressly disclaims responsibility for, your use of the Google Translate functionality or content or for your reliance on the accuracy of its translations.
Click here to view the STEMindustrial.ca return policy.