Terms of Use Agreement
1. General
ThePVSource maintains this Web site as a service to its customers. By using Web sites owned and operated by ThePVSource, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain documents from this site.
2. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to ThePVSource.ca or ThePVSource.com site (the “Site”). This Agreement constitutes the entire and only agreement between ThePVSource and a user of the Site (“User”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any documents. This Agreement may be amended by ThePVSource from time to time without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the site
3. Limited Right of Use
The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).
4. Non-transferable
User’s right to use the Site is not transferable. Any password or right given to User to obtain forms is not transferable.
5. Editing, Deleting and Modification
ThePVSource reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site. ThePVSource does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
6. Use of Information
ThePVSource reserves the right, and User authorizes ThePVSource, to the use and assignment of all information regarding Site uses by User and all information provided by User in any manner consistent with the ThePVSource Privacy Policy.
7. Privacy
ThePVSource is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to its sites. However, certain non-personal information of visitors is recorded by the standard operation of ThePVSource’s servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor’s Internet service provider. By having this information, Web pages optimized for a particular visitor’s computer are automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to ThePVSource only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by ThePVSource and not sold or otherwise transferred outside the company. This information is used to better understand visitors’ use of the Site and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. ThePVSource sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us.
The Site may place a “cookie” in the browser files of User. The cookie itself does not contain any personally identifying information. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, telephone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people.
8. Products
ThePVSource's policy is one of ongoing product update and revision. ThePVSource may revise and discontinue Products at any time without prior notice. ThePVSource will ship Products that have the functionality and performance of the Products ordered but Customer agrees that changes between what is shipped and what is described in a specification sheet or catalog can occur. The parts and assemblies used in building ThePVSource Products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
9. Payment Methods; Terms; Orders; Quotes; Interest
ThePVSource accepts Visa and Mastercard. There is no surcharge for using your credit card to make purchases with ThePVSource. Please be sure to provide your exact billing address and telephone number, the address and telephone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed on shipment of your order.
ThePVSource accepts money orders, cashier’s cheques, personal cheques, and company cheques in Canadian and US dollars only. Orders are processed on receipt of a money order or cashier’s cheque. For personal and company cheques, please allow up to ten banking days after receipt for clearance of funds before the order is processed. ThePVSource cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $75 fee on all returned cheques. Please see the full instructions below on how to pay using one of these methods.
Credit terms are within ThePVSource’s sole discretion, and unless otherwise specified in ThePVSource’s invoice, payment must be received by ThePVSource prior to ThePVSource’s acceptance of an order. If credit terms have been agreed to by ThePVSource, invoices are due and payable within thirty days after the date of the invoice. ThePVSource may invoice parts of an order separately. Orders are not binding on ThePVSource until accepted by ThePVSource. Any Quotes given by ThePVSource will only be valid for the period stated on the Quote. Customer agrees to pay interest on all amounts past due at a rate of 2% per month (24% per year).
When making purchases or other transactions through this Site or the Internet, User may be asked by ThePVSource or an information or service provider to supply certain information, including credit card or other payment mechanisms. User agrees that all information provided will be accurate and complete. User agrees to pay all charges incurred by User or other users of User’s account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. User also will be responsible for paying all applicable taxes, if any relating to purchases on the Site. ThePVSource’s Internet Service Provider is in no way responsible for any, charges User incurs when making purchases or other transactions in this manner.
10. Shipping: Charges, Taxes and Arrival
Separate charges for freight, shipping and handling will be shown on ThePVSource's invoice(s). Unless Customer provides ThePVSource with a valid and correct tax exemption certificate applicable to the product ship-to location prior to ThePVSource's acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order. Products unavailable to be shipped may be placed on back order while the available quantities of the order are shipped. Any shipping dates provided are estimates and ThePVSource does not guarantee arrival times unless expressly agreed upon by ThePVSource.
11. Charge Orders
Orders that have not been processed or shipped may be changed with the consent of ThePVSource. Consent may be withheld at ThePVSource’s discretion. If products have been shipped a restocking fee of 15% of the order price will be charged.
12. Exports
The Customer acknowledges that the Products licensed or sold under this Agreement are subject to applicable export control laws and regulations. For example, export permits are required if Customer intends to export the Products to a country on Canada's Area Control List or if the Products are on Canada's Export Control List or if the Products are of United States origin. ThePVSource recommends that Customer contact the Export Controls Division of the Canadian Department of Foreign Affairs and International Trade if Customer intends to export any of the Products.
13. Warranties
THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS ARE INCLUDED IN THE APPLICABLE WARRANTY STATEMENT IN THE DOCUMENTATION ACCOMPANYING THE PRODUCTS. THEPVSOURCE MAKES NO EXPRESS WARRANTIES OR CONDITIONS EXCEPT THOSE IN THEPVSOURCE'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE, AND THEPVSOURCE WILL BE OBLIGATED TO HONOU RANY SUCH WARRANTY, ONLY ON THEPVSOURCE’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
THEPVSOURCE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THEPVSOURCE'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THEPVSOURCE'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.
THEPVSOURCE RESERVES THE RIGHT TO CHANGE ITS WARRANTIES AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT PRIOR NOTICE WITH RESPECT TO
14. Limitation of Liability
THEPVSOURCE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT OR IN THE APPLICABLE WARRANTY STATEMENT OR SERVICE OFFERING INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. THEPVSOURCE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
15. Title
All items purchased from are made pursuant to a shipment contract. Risk of loss and title for all purchases passes to User upon delivery to the carrier.
16. Indemnification
User agrees to indemnify, defend and hold ThePVSource and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a User’s violation of this Agreement or use of the Site.
17. Governing Law
This Agreement shall be treated as though it were executed and performed in the Province of Ontario, and shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles). Any cause of action of User with respect to the Site (and/or information, forms and agreements, thereon) must be instituted within six months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 13. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the Province of Ontario. User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of ThePVSource to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
18. Severability
The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision of this Agreement and any such invalid or unenforceable provision shall be deemed to be severable.
19. Headings
The section headings used in this Agreement are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
20. Force Majeure
ThePVSource shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
21. Links to Other Websites
This Site may contain links to other Web sites. ThePVSource is not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by ThePVSource. If User decides to leave this Site and access these third party sites, User does so at their own risk.