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Terms of Sale

Governing Terms of Sale

These Terms and Conditions of Sale (the “Terms”) constitute the entire and exclusive agreement governing the sale of goods and services by International Safety Systems Inc. ("International Safety") to its customers. These Terms apply to all transactions conducted with International Safety, whether through its website, online platforms, written quotations, purchase orders, or any other method of ordering or communication.

To the fullest extent permitted by applicable law, these Terms supersede and take precedence over any and all prior or contemporaneous communications, representations, or agreements, whether written or oral, including but not limited to content displayed elsewhere on International Safety’s website, email correspondence, text messages, telephone or video communications, in-person discussions, or any other form of communication. No statement, representation, or agreement outside of these Terms shall be binding unless expressly agreed to in writing by an authorized representative of International Safety.

These Terms apply strictly to the sale of goods and services by International Safety to its customers. For greater certainty, these Terms do not apply to vendor relationships, supplier agreements, or any other business relationships in which International Safety is procuring goods or services from third parties.

Nothing in these Terms limits or excludes any rights or remedies that may be available under applicable law, and these Terms shall be interpreted and enforced in accordance with such laws.

Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to the purchase or sale of goods or services from International Safety Systems Inc. ("International Safety") shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

To the fullest extent permitted by applicable law, the parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario. Any legal action or proceeding shall be brought exclusively in the courts located in Newmarket, Ontario, Canada, and the parties hereby consent to the venue and jurisdiction of such courts.

Nothing in this section shall limit any rights a consumer may have under applicable consumer protection laws that cannot be waived, including rights relating to the appropriate jurisdiction for bringing a claim.

Currency

Currency All charges are in CAD - that's Canadian Dollars.

Taxes

All applicable taxes, including but not limited to federal, provincial, and harmonized sales taxes, will be calculated and applied at the time of order based on the applicable tax rates in effect at the time of the transaction. Taxes are determined based on the destination shipping address within Canada, and the customer agrees that such location shall govern the calculation of all applicable sales taxes.

Any claim for tax exemption must be submitted by the customer and approved by International Safety Systems Inc. ("International Safety") prior to the completion of the transaction. Valid exemption documentation must be provided before the order is processed. International Safety shall have no obligation to retroactively apply tax exemptions to completed transactions where such documentation was not provided in advance.

Where taxes have been charged in error or where a valid exemption is provided after the transaction, International Safety may, at its sole discretion, make reasonable efforts to review and, where appropriate, refund such taxes. However, International Safety is under no obligation to provide such refunds, and any such efforts shall not create a continuing obligation or precedent for future transactions.

For greater certainty, if applicable taxes were not charged, applied, or properly disclosed at the time of quotation, pricing, or sale, but are nonetheless required to be collected under applicable law, such taxes shall remain payable by the customer. International Safety reserves the right to invoice, collect, or otherwise recover such taxes from the customer after the transaction has been completed. In the event that International Safety is assessed, required to remit, or otherwise becomes liable for such taxes, the customer agrees to pay, reimburse, and indemnify International Safety for the full amount of such taxes, together with any associated interest, penalties, or costs incurred.

The customer is solely responsible for any taxes, duties, or other governmental charges applicable to their purchase, and agrees to indemnify and hold harmless International Safety from any liability arising from the customer’s failure to properly claim or provide exemption documentation.

Disclaimer

This website contains only a general description of the products available for sale. While uses and performance capabilities of various products may be described, under no circumstances shall the products be used by untrained or unqualified individuals and not until the product instructions including any warnings or cautions provided have been thoroughly read and understood.

Only the instructions made available within the product packaging by the manufacturer contain the complete and detailed information concerning proper use and care of these products. International Safety Systems Inc. make no claims as to the performance or proper use and care of the products listed for sale throughout this website.

Exceptions

Final Sale Items are not Returnable or Refundable:

  • All masks are final sale.

  • All hard hats sold by International Safety are final sale.

International Safety is committed to maintaining the highest standards of health, safety, and hygiene, and this policy ensures the integrity and reliability of all safety equipment provided to our customers.


International Safety also reserves the right to refuse returns on items that are contaminated or in opened packaging, in order to protect the health and safety of our team and customers.

Additionally, the following items are considered final sale and non-returnable:

  • Surge demand items, defined as products purchased in response to events such as natural disasters, government actions, pandemics, and other emergencies that significantly impact supply and demand.

  • Pandemic-related items, including but not limited to respiratory protective equipment, medical gloves, gowns, face shields, disinfectants, sanitizers, and similar PPE associated with COVID-19 or other health crises.

Policy on Additional Document Requests for Purchases

Customers requesting additional documentation for purchases must meet the following criteria:

  • A valid purchase order (PO) referencing an unexpired quote of $1,000 or more is required to process any forms.

  • For documents requiring International Safety to complete forms:

  • The first form will be completed at no charge.

  • Each additional form will incur a $100 engagement fee.

Please contact our team for further details or assistance.

Order Acceptance, Pricing, and Right to Refuse

All orders placed with International Safety Systems Inc. ("International Safety") are subject to acceptance by International Safety. International Safety reserves the right, to the fullest extent permitted by applicable law, to refuse, cancel, or limit any order, in whole or in part, at any time and for any reason, including but not limited to product unavailability, inventory discrepancies, pricing or typographical errors, inaccuracies in product information, changes in supplier costs, suspected fraud, or any other legitimate business reason determined by International Safety.

For greater certainty, no order shall be deemed accepted until the products have been shipped. International Safety reserves the right to decline fulfillment of any order, including backorders, where fulfillment would result in unintended or commercially unreasonable pricing, including but not limited to pricing errors, clearance pricing, or changes in cost.

International Safety may, in its sole discretion, partially fulfill any order. The shipment of part of an order does not constitute acceptance of the entire order, and any remaining portion may be cancelled without liability, subject to applicable law.

Prices and availability are subject to change without notice. In the event of a bona fide pricing error or material inaccuracy, International Safety reserves the right to cancel any affected order, whether or not the order has been confirmed, provided that the customer is notified and refunded as required by applicable law.

Where an order, or any portion thereof, is cancelled after payment has been processed, International Safety will issue a refund for the affected products in accordance with applicable law, using the original method of payment or another method agreed upon with the customer.

Application of Provincial Consumer Protection Laws: The rights and obligations of the parties may vary depending on the province or territory of the delivery address provided in the order. Nothing in these Terms and Conditions excludes, limits, or waives any rights that a consumer may have under applicable consumer protection legislation in the province or territory of delivery, including but not limited to:

Consumer Protection Act, 2002 (Ontario) Business Practices and Consumer Protection Act (British Columbia) Consumer Protection Act (Alberta) Consumer Protection and Business Practices Act (Saskatchewan) Consumer Protection Act (Manitoba) Consumer Protection Act (Québec) Consumer Product Warranty and Liability Act (New Brunswick) Consumer Protection Act (Nova Scotia) Consumer Protection Act (Prince Edward Island) Consumer Protection and Business Practices Act (Newfoundland and Labrador)

To the extent of any conflict between these Terms and applicable consumer protection laws, such laws shall prevail solely to the minimum extent required.

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