Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE VANDERGRAAF.COM WEB SITE (“this Web Site”). This Web Site is owned by Van Der Graaf Inc. (“Van Der Graaf”), having an address at 2 Van der Graaf Court, Brampton, Ontario, L6T 5R6, Canada.

General

Your use of this Web Site is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using this Web Site, you signify your acceptance of these Terms and Conditions. The terms “your” and “you” refer to the user or viewer of this Web Site.

Van Der Graaf may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on this Web Site. Your continued use of this Web Site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version of the Terms and Conditions.

The content of this Web Site is for your general information and use only. Neither Van Der Graaf, nor its subsidiaries, affiliates, or distributors, provide any warranty or guarantee, whatsoever, as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Web Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Van Der Graaf, its subsidiaries, its affiliates, and its distributors expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Ownership

This Web Site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Van Der Graaf, and/or its various subsidiaries, affiliates, and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on this Web Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Van Der Graaf and/or the applicable Third Parties.

Van Der Graaf is the owner of various registered and unregistered trademarks, in Canada and other countries, that include the words VAN DER GRAAF, and the following trade-mark hereinafter referred to as the “Van Der Graaf Logo”:


(collectively, the "Trademarks"). Other trademarks appearing on this Web Site are trademarks of their respective owners. Nothing contained on this Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Van Der Graaf or such other party that may own the applicable trademarks.

Copyright Notice

© 2001-2016 Van Der Graaf Inc. All rights reserved. Neither this Web Site nor its content, including the Van Der Graaf Logo, may be, in whole or in part, copied, reproduced, modified, republished, sold, licensed, broadcasted, retransmitted, circulated in any form, uploaded, posted, or used in any way without the prior written permission of Van Der Graaf, except that you may download, display and print the content presented on this Web Site for your personal, non-commercial use only. To request written permission, please contact:

Van der Graaf Inc.
2 Van der Graaf Court,
Brampton, Ontario,
L6T 5R6,
Canada
1 905 793-8100 ( Phone )
1 888 326-1476 ( Toll-free )
1 905 793-8129 ( Fax )
info@vandergraaf.com ( E-mail )

 
Use of Web Site

Unauthorized use of this Web Site and/or its content may violate applicable copyright, trademark or other intellectual property laws or other laws. Subject to the above “Copyright Notice”, you must retain all copyright and trademark notices, including any other proprietary notices, contained within the content, materials or information provided on this Web Site. The use of such content on any other web site or in any environment of networked computers is prohibited.  Prohibited uses include, without limitation:

  1. removing any proprietary notices or labels on this Web Site or the content, materials, or information provided on this Web Site;
  2. plagiarizing any of the content, materials or information provided on this Web Site or otherwise violating or infringing the intellectual property rights of Van der Graaf or any third party;
  3. making any other use of the content, materials or information provided on this Web Site for any other purpose (including use of any such material on any other web site or networked computer environment);
  4. modifying or copying any of the content, materials or information provided on this Web Site;
  5. using any of the content, materials or information on this Web Site for any commercial purpose, or for any public display (commercial or non-commercial);
  6. attempting to decompile or reverse engineer any software contained on this Web Site;
  7. transferring any of the content, materials, or information provided on this Web Site to another person or “mirroring” the materials on any other server;
  8. accessing, monitoring or copying any of the content, materials or information on this Web Site using any robot, spider, scraper or other automated means or any manual process for any purpose;
  9. violating the restrictions in any robot exclusion headers on this Web Site or bypass or circumvent other measures employed to prevent or limit access to this Web Site;
  10. taking any action that imposes, or may impose, in Van der Graaf’s discretion, an unreasonable or disproportionately large load on the infrastructure hosting this Web Site;
  11. deep-linking to any portion of this Web Site for any purpose; and
  12. "framing", "mirroring" or otherwise incorporate any part of this Web Site into any other web site.
 

You are prohibited from contributing, posting or transmitting to this Web Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

Unauthorised use of this Web Site may give rise to a claim for damages and/or criminal prosecution under applicable laws.

In its sole discretion, in addition to any other rights or remedies available to Van Der Graaf and without any liability whatsoever, Van Der Graaf, at any time and without notice, may terminate or restrict your access to any component of this Web Site. Upon terminating or restricting your access to any component of this Web Site, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Username and Password

This Web Site is open to visitors. However, to access certain areas of the web site, we require you to register with Van Der Graaf, which registration may be refused in Van Der Graaf’s sole discretion. Upon registering Van Der Graaf will set up a web site account for you (the Web Site Account).

The Web Site Account may be accessed only by use of your username and password. You are solely responsible and liable for any use and misuse of your username and password and for all activities that occur under your username and password. For security reasons, you must keep your username and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Van Der Graaf representative. Van Der Graaf recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

The Web Site Account, all usernames, and passwords remain the property of Van Der Graaf, and may be cancelled or suspended at any time by Van Der Graaf without any notice or liability to you or any other person. Van Der Graaf is not under any obligation to verify the actual identity or authority of the user of any username or password.

You must immediately notify Van Der Graaf of any unauthorized use of your username or password, or if you know or suspect that your username or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Pricing and Online Orders

All prices quoted on this Web Site are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST, or shipping and handling costs. Prices are subject to change at any time.

The prices indicated in the Spare Parts section of the Web Site Account are exclusively in reference to the part(s) available for ordering. Any other services involving Van Der Graaf (e.g. consultation/advice; after-sales service; installation of the part(s)/item(s) ordered, etc.) and the associated remuneration, will be agreed upon directly between you and Van Der Graaf and are as such rendered outside of the online order and delivery process.

All advertisements on this Web Site are merely invitations for you to purchase goods or services from Van Der Graaf, and are not offers to sell by Van Der Graaf.

Van Der Graaf reserves the right to limit quantities; reject, correct, cancel or refuse orders; and to terminate the Web Site Account, in its sole discretion, including, without limitation, if Van Der Graaf believes that your conduct violates applicable law or is harmful to the interests of Van Der Graaf or any Third Parties.

Non-Authorized Return of Parts / Rejection of Deliveries

All custom parts, special order parts, and parts designed or modified for your specific application are non-returnable and non-refundable.

In order to be able to return a returnable part, the part needs to be in the original packaging and in good condition. You must call for a return authorization (RA) number before a returnable part can be returned to Van Der Graaf.

In the event that you return a returnable part to us without a RGA number, acceptance of your shipment will be rejected. Consequently, make sure to always request a RGA number from Van der Graaf before returning a returnable part.  The RGA number is not a guarantee that your part is returnable, or eligible for a refund, and a refund will not be granted if the part is found to be defective or otherwise amounts to an inappropriate return.  Returnable parts that are returned at your convenience, including your errors are subject to a restocking fee to be determined on a case by case basis.

Rejecting deliveries from Van der Graaf of an ordered returnable part is subject to a cancellation fee of no less than USD $75 per individual case, in addition to payment of return shipping costs.  An additional restocking fee of 25% of the purchase price of the returnable part will also be payable.  You agree to allow Van der Graaf to deduct the cancellation, return shipping, and restocking fees from your refund if Van der Graaf determines, in its sole discretion, that a refund is payable to you.  If the refund does not cover all of the cancellation, return shipping, and restocking fees, you agree to pay the difference within 15 days.

As mentioned above custom parts, special order parts, and parts designed or modified for your specific application are non-returnable and therefore non-refundable.  Accordingly, rejecting deliveries from Van der Graaf of an ordered non-returnable part is subject to a cancellation fee of no less than the non-returnable part’s cost, in addition to payment of return shipping costs.  An additional disposal fee of will also be payable.  You agree to pay the cancellation, return shipping, and disposal fees within 15 days.

Van der Graaf will refuse freight collect or C.O.D. returns.

Electronic Communications

 

By accessing this Web Site, sending electronic mail to Van der Graaf and/or the Third Parties, using the “Configure Your Own Drive” tool, or placing orders for spare parts via the Web Site Account, you are communicating with Van der Graaf and/or the Third Parties electronically. By doing so, you agree to receive communications from Van der Graaf and/or the Third Parties electronically. Van der Graaf and/or the Third Parties will communicate with you by electronic mail at the electronic mail address provided by you or posting notices on this Web Site or any other web site that may be generally designated in advance for such purpose. You consent to receiving electronically all agreements, notices, disclosures and other communications that Van der Graaf provides to you.

Privacy

You have read the Van der Graaf Privacy Policy, the terms of which appear on this Web Site and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Van der Graaf and/or the Third Parties in accordance with the terms of and for the purposes set forth in the Van der Graaf Privacy Policy.

Advice or Opinions are Not Provided

The content provided on this Web Site is for information purposes only. Your use of any information or materials on this Web Site is entirely at your own risk, for which neither Van der Graaf nor the Third Parties shall be liable.  It is not intended for the content to be relied upon as professional or expert advice or opinions. It shall be your own responsibility to ensure that any products, services or information available through this Web Site meet your specific requirements.  You should seek professional advice, opinions and recommendations before acting or omitting to act based on any content found on or through this Web Site.

DISCLAIMER

THIS WEB SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER VAN DER GRAAF NOR THE THIRD PARITES MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THIS WEB SITE, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEB SITE OR ITS CONTENT, INCLUDING PRICING, OR THAT COMMUNICATIONS TO OR FROM THIS WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THIS WEB SITE OR ITS CONTENT WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, VAN DER GRAAF AND THE THIRD PARTIES DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE WEB SITE OR ITS CONTENT WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL VAN DER GRAAF OR THE THIRD PARTIES,  OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUSINESS LOSSES, LOST SAVINGS, LOST DATA, LOSS OF USE, LOST PROFITS, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING FROM OR RELATING TO YOUR USE, RELIANCE UPON OR INABILITY TO USE THE WEB SITE AND/OR ITS CONTENT, WHETHER OR NOT VAN DER GRAAF OR THE THIRD PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR IF YOU TRANSFER CONFIDENTIAL OR SENSITIVE INFORMATION TO VAN DER GRAAF OR THE THIRD PARTIES OR IF VAN DER GRAAF OR THE THIRD PARTIES COMMUNICATE SUCH INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET.

FURTHERMORE, VAN DER GRAAF AND THE THIRD PARTIES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS.

Maximum Liability

If, notwithstanding the foregoing, Van der Graaf or the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this Web Site or its content, the liability of Van der Graaf and/or the Third Parties shall in no event exceed in the aggregate $250 CAD.

Indemnification

You shall indemnify and save harmless Van der Graaf and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of this Web Site and/or its content.

Links

This Web Site contains links to other web sites owned or operated by other entities which are not associated or affiliated with Van der Graaf or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Van der Graaf or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Van der Graaf and the Third Parties shall not be responsible for the content of any other linked web sites and make no representation or warranty regarding any other web sites or the content on such web sites. If you decide to access the other web sites, you do so at your own risk. Framing of this Web Site or any of its content in any form and by any method is strictly prohibited.

Relationships

You agree that no joint venture, partnership, fiduciary, employment, or agency relationship exists between you and Van der Graaf and/or the Third Parties or any of their respective officers, agents or employees, as a result of these Terms and Conditions or your use of this Web Site.

Governing laws

This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of this Web Site and these Terms and Conditions.

Additional Terms

Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on this Web Site.

Severability

These Terms and Conditions 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.

Headings

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

Entire Agreement

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between Van der Graaf and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Van der Graaf as set forth above.

English Language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.