Terms & Conditions
- ◄Carbonics Terms & Conditions
All products must be paid in full before or on delivery. Special order items must be paid in full before delivery. All products remain the property of Carbonics or its suppliers until paid for in full. Exception to these terms must be approved in writing by Carbonics and subject to credit approval and/or internal approval. Carbonics reserves the right to terminate any credit or payment provisions at any time. Any costs associated with collecting unpaid balances will be the responsibility of the buyer. Overdue accounts will forfeit any deposits associated with the account, all items subject to deposit will remain the property of Carbonics and/or its suppliers.
Delivery method for all orders is chosen by the customer at checkout unless otherwise specified. Carbonics reserves the right to choose suitable courier/carrier or contract local delivery as needed. Free shipping promotions are subject to additional charges if the shipping cost is above the average delivery rate. Unsuccessful deliveries will be subject to redelivery charges. Deliveries that can’t be completed safely will be refused or redelivered when conditions are suitable, subject to additional charges at the discretion of Carbonics or its service providers. Local deliveries to residential addresses may be left at the front door or agreed safe drop off location on the property. Carbonics is not responsible for loss, theft or damage after delivery.
Seller warrants that, at the time of delivery, all Products furnished hereunder shall conform to the manufacturer’s or Seller’s specification for the period of time set forth in such specification.
LIMITATION OF LIABILITY
Carbonics and/or its suppliers shall not be liable for any direct or indirect damages in connection with the use or delivery of its products. All products/services must be used in accordance with local laws and regulations.
Seller’s performance hereunder is subject to floods, strikes or other labor disturbances, fire, accidents, war, delays of carriers, inability to obtain raw materials, failure or allocation of normal sources of supply, terrorist act, machinery or equipment breakdown, plant shutdown, restraints of government, (whether or not it later proves to be invalid), or any other similar or dissimilar cause beyond Seller’s reasonable control (“Force Majeure Event”). Seller shall not be liable for any damages resulting from a Force Majeure Event, and Buyer waives any right to assert a claim against Seller in respect thereof.
Buyer, its employees and agents shall comply with all applicable federal, provincial and local laws regarding the safe handling, transportation and use of the Products. Carbonics or its authorized representatives will provide SDS documents for all applicable products at request of the buyer.
Carbonics reserves the right to change pricing for products and/or without notice at any time. Exceptions will be provided in writing upon signed agreement between Carbonics and the buyer.
TRANSPORTATION OF HAZARDOUS GOODS
Carbonics advises against transporting any product considered a dangerous good under the Transportation of Dangerous Goods act in personal vehicles or un-equipped commercial vehicles. Buyer acknowledges responsibility of all associated risks. Carbonics is not responsible for damage, loss, injury or death caused by transporting cylinders.
TERMS FOR RENTAL CYLINDERS
Carboncis will provide terms for rental cylinders as part of the rental agreement signed by the customer and approved by Carbonics. Rental cylinders are subject to all standard terms and conditions unless specified in the rental agreement.
DRY ICE EQUIPMENT
Dry Ice bins/chests provided by Carbonics are subject to a security deposit deposit refundable upon return. Deposit refunds will only be issued by cheque and may take up to 3 weeks to process.
No deposits are required for drop and swap deliveries after initial deposit.
After 10 days, unreturned bins are subject to a rental fee of $7 per day until return date.
Carbonics will not accept any bins/containers/chests not provided by Carbonics.
All dry ice bins, chests or containers must be returned empty. Cleaning fee may be added if the condition is outside of acceptable return criteria.
DEPOSITS - CYLINDERS, CONTAINERS & EQUIPMENT
Carbonics reserves the right to add a security deposit to all rented or loaned cylinders, containers and/or equipment.
Carbonics will refund all security deposits against cylinders, containers and/or equipment after return to Carbonics by cheque. All items returned for deposit refund must be previously provided by Carbonics. Deposits will be processed after inspection, any damage will be subtracted from refund at the current rates. Deposits may take up to 3 weeks to process.
- ◄Exchange Cylinder Terms & Conditions
Terms and Conditions for exchange cylinders sold by Carbonics
- Sale and filling of Cylinder
The Customer shall purchase from LC Carbonics Ltd. (“Carbonics”) or from a participating LC Carbonics Ltd authorized dealer/point of sale (“Authorized Dealer”) the cylinder(s) , filled with product(s) which may include carbon dioxide, nitrogen, argon, argon mixture, helium and beer gas (“Product(s)”). Carbonics agrees to supply a full Cylinder of similar size or type in exchange for each empty Cylinder covered by this agreement that is returned in good condition by the Customer. The Customer acknowledges and accepts that the Cylinder supplied by Carbonics or an Authorized Dealer during the exchange process shall be taken from a pool of Cylinders and may not be of the same year or in an identical condition. Carbonics shall sell the Product contents of each full Cylinder to the Customer at the time of exchange. The Customer shall pay the price of the Product at each exchange. The Customer acknowledges the benefits of this exchange service. The Product and Cylinder shall be for the Customer’s own use and not for resale.
- Maintenance and periodic safety checks
Carbonics shall perform routine maintenance of the Cylinders. Carbonics shall also perform regular safety checks of the Cylinder, valve and, cap or handle during the filling or refilling of such Cylinder. Carbonics shall also perform all pressure testing required by applicable regulations and industry standards.
- Product Warranty
Carbonics warrants that the Product sold to the Customer complies with the standards of the Compressed Gas Association and Carbonics standards. If the Product does not conform to such warranty, the Customer’s sole remedy is to require Carbonics to replace the non-conforming Product at Carbonics’s cost. The Customer acknowledges that in order for Carbonics to be able to properly investigate a claim of non-conformance, the Customer must notify Carbonics of all claims within ten (10) days of the occurrence. CARBONICS MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Damaged and condemned Cylinders
Carbonics will repair any damage to Cylinders which is beyond reasonable wear and tear at the Customer’s expense as per Carbonics’s then current published rates. If the damage is such that the Cylinder cannot be repaired, Carbonics will destroy and dispose of the Cylinder safely. In such case, this agreement will terminate and the Customer will not be entitled to any reimbursement.
Title and risk of loss or damage shall pass to the Customer upon delivery of the Cylinder.
- Liability and Indemnity
The Customer acknowledges having been informed by Carbonics’s representative or Authorized Dealer of the safe method for handling and carrying Cylinders and agrees herein to completely discharge Carbonics of any responsibilities that could result from the Customer’s decision to carry the Cylinders in an inappropriate way and/or go against the applicable laws. Subject to the limitations contained in sections 1, 2 and 3, each party will be responsible for and will indemnify the other from and against any and all direct claims and demands, loss or damage to property or persons, at any time caused by or resulting from its negligence, its acts or omissions or those of its agents and employees. Regardless of the circumstances, neither party will be liable to the other for special, indirect or consequential damages howsoever occurring. In any event, Carbonics shall not be liable for damages in any amount in excess of the purchase price of the Products giving rise to the claim.
- Safety Information
The Customer acknowledges that the Products are hazardous chemicals, classified as such under the Federal Hazardous Product Act, and that their use in the workplace is regulated by the Provincial Occupational Health and Safety Act and Regulations. The Customer acknowledges that the Cylinder is equipped with an integrated regulator. Any attempt to tamper or modify the Cylinder or gas delivery system is expressly forbidden. Any attempt to correct a malfunctioning cylinder may result in injury and/or serious harm. The Customer acknowledges that there are hazards associated with the transportation, handling, storage, possession and use of the Cylinders and the Products. The Customer represents that it understands the hazardous nature of the Products and the Cylinders and that it is its duty to warn, protect and train as appropriate all personnel and third parties, at its property and that of others, who may be exposed to these hazards. The Customer also acknowledges that Carbonics or Authorized Dealer has provided it with appropriate Material Safety Data Sheet(s).
- ◄Website Terms & Conditions
This website is operated by Carbonics. Throughout the site, the terms “we”, “us” and “our” refer to Carbonics. Carbonics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Canada Welding Supply, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Canada Welding Supply and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org