Terms and Conditions of Sale
K&W Audio, Calgary Alberta
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (SALE AGREEMENT) VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS. For any comments or questions, please email or call us. By purchasing or attempting to purchase items through this website, you agree fully to these terms and conditions.

Important Information About This Legal Contract

This Sale Agreement is a legal contract between the Customer and K&W Audio. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to you or your shall relate to the Customer; references to K&W Audio. shall relate to K&W Audio. The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and K&W Audio. relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by K&W Audio. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting
K&W Audio. at the address provided below:
K&W Audio.
1424 - 4th St. SW Calgary, Alberta
CANADA

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Governing Law THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ALBERTA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR PROVINCIAL COURTS LOCATED IN ALBERTA, CANADA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

“ Risk of Loss” to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by K&W Audio  is K&W Audio’s responsibility and claim for loss or damage will be filed by K&W Audio providing Customer has refused product at time of delivery or has notated sufficiently on the delivery ticket that carrier has damaged the product. Loss or damage that occurs during shipping by a carrier selected by Customer is Customers responsibility.

General Legal Disclaimer K&W Audio
HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY K&W AUDIO IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURERS WARRANTY, IF ANY.

Internet Disclaimer Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

Pricing and Information Disclaimer All pricing is subject to change. For all prices, products and offers, K&W Audio reserves the right to make adjustments due to changing market conditions, product discontinuation, and any other extenuating circumstances. High volume bids are welcome!

While K&W Audio uses reasonable efforts to include accurate and up-to-date information on the Site, K&W Audio makes no warranties or representations as to the Sites accuracy. K&W Audio assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability K&W Audio will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. K&W Audio is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.

Arbitration Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), K&W Audio’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED SOLELY IN THE PROVINCE OF ALBERTA WITH AGREEANCE BY BOTH PARTIES. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Orders; Payment Terms; Interest; Taxes Orders are not binding upon K&W Audio until accepted by K&W Audio. Terms of payment are within K&W Audio’s sole discretion. The Customer is responsible for sales and all other taxes.

GENERAL TERMS & CONDITIONS: This website is owned and provided by K&W Audio. All information provided in all sections of this website are copyright K&W Audio, with the exception of third party logos and images. Your use of this website is subject to the following terms and conditions. Your use of the website constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms or if you do not agree with our Privacy Policy posted on this site, please do not use this website or any services offered by this website.

Please review this Terms of Use page often. We reserve the right to change these terms and conditions at any time without notice. Please check back from time to time to ensure you are aware if any updated or changes to these terms.

Canada Only
Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting products and services available in Canada. We make no representation that materials in the site are appropriate or available for use in other locations. If you access the site from locations other than Canada, you are responsible for compliance with any applicable local laws.

Intellectual Property
All names, logos, service marks and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property ("Content"), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, K&W Audio. This includes the entire content of the website, copyrighted and protected as a collective work.

The use or misuse of these trademarks or any other content on this site, except as provided in these Terms of Use or in the site content, is strictly prohibited. You may print copies of the information on this site for your personal use, store the files on your computer for personal use, or reference this server from your own documents. However, you may not distribute text or graphics to others without our express written consent. Also, you may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. We reserve all other rights.

Your use of the Website is limited to personal and commercial use only unless other uses are granted expressly to you. You may not copy, distribute, modify, transmit, reuse, re-post or otherwise display the website content for public or commercial purposes without our written permission for such use of Content.

Jurisdiction
The content of the website is presented only for the promotion of products available in Canada unless otherwise specified. We make no representation or warranty that the Content of the Website is applicable or appropriate for use in any jurisdiction outside of Canada.

Disclaimer
Without limiting the foregoing, everything on the Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE WEBSITE(S) OR THE SERVERS MAKING THE SITE(S) AVAILABLE ARE VIRUS FREE. We do not warrant that the functions contained in these materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability or otherwise.

Your use of the Website is at your risk. K&W Audio will not be liable for any damages including direct, indirect, incidental, consequential or punitive damages, arising out of your access to or use of the Website and however caused, whether in contract or tort. If you become dissatisfied in any way with this Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop using this Website and its services. (Some areas do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you.

Links
This Website may contain Links allowing you to leave this Website for other sites that are not under our control. We are not endorsing any such Linked sites. We are not responsible for the contents or transmission of any Linked Site or any Link contained in a Linked Site or for ensuring that the Linked Sites are error and virus free.