General Information:
Tier-1 Products Inc.
3690 Adjala-Tecumseth TL
Beeton, Ontario L0G 1A0
Phone: 705-434-0359 or toll free 1-877-434-0359
Fax: 705-434-0458
E-Mail: info@tier-1products.com
Shipping Methods:
UPS and Fast Way Courier
Shipping – FOB Tier-1 Products Inc.
Additional shipping charges/customs or certain countries tax fees may apply to orders outside Canada.
Tier-1 Products Inc. will not be responsible for any importation fees.
Return Policy:
* 15% restocking fee for all returned orders.
* 10% cancellation fee for orders placed after a 24-hour period.
* No order will be accepted without a Return Authorization Number.
* Customers responsibility to pay for all shipping costs(s) involved in the return.
Tier-1 Products Inc. cannot accept returns on certain items, including:
- Any item that is gas powered or contains flammable liquids
- Any product(s) missing serial number/UPC
- Any item that is not in its original condition, damaged, missing parts or missing originally enclosed item manual/documentation
Payment Methods:
We currently accept Visa, Master card, Debit, Company cheques upon credit approval and cash.
Thank you for shopping at Tier-1 Products Inc. we appreciate your business.
Limitations on Liability
Tier-1 Products Inc. shall not be liable for costs of procurement of substitute goods or services, property damage, personal injury, loss of profits, interruption of business, or any other special consequential, or incidental damages, based on failure to perform the Services or other breach of this Agreement, or any other theory of liability. In addition, Tier-1 Products Inc. shall not be liable for any loss or damages arising out of or related to any products, devices, software or applications developed through use of Tier-1 Products Inc. products, the Deliverables or the Services. Tier-1 Products Inc. total liability to Customer shall not exceed the total amount actually paid by Customer hereunder in connection with each individual Statement of Work
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, CONSEQUENTIAL,PRODUCTS AND OR SERVICES OR THE INSTALLATION OF ANY PRODUCTS, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER MORE SHALL HOLD US HARMLESS FOR ANY AND ALL BODILY INJURY OR PROPERTY DAMAGE CAUSED BY ANY OF OUR PRODUCTS OR SERVICES INCLUDING THE INSTALLATION OF ANY AND ALL PRODUCTS REGARDLESS IF YOU A SUBCONTRACTOR OR WE INSTALL THE PRODUCT. THIS CLAUSE ALSO INCLUDES THE USE OF OUR PRODUCTS AND SERVICES
No action, regardless of form, arising from this Agreement may be brought by either party more than one year after the cause of action has occurred, except that an action for non-payment may be brought at any time.
Disclaimer of Warranties
TIER-1 PRODUCTS INC. WARRANTS THAT THE SERVICES PROVIDED HEREUNDER WILL BE PERFORMED IN A PROFESSIONAL MANNER CONSISTENT WITH THE QUALITY OF TIER-1 PRODUCTS INC. PERFORMANCE OF SERVICES FOR SIMILARLY SITUATED CUSTOMERS, TIER-1 PRODUCTS INC. DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES ARE ERROR FREE, THAT ALL ERRORS WILL BE CORRECTED, WILL RUN ON ALL HARDWARE, OR IDENTIFIES ALL KNOWN VIRUSES, EXCEPT AS PROVIDED ABOVE, THE SERVICES, DELIVERABLES, MEDIA AND RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS, AND TIER-1 PRODUCTS INC. DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. TIER-1 PRODUCTS INC. MAKES NO REPRESENTATION WITH RESPECT TO THE ADEQUACY OF THE SERVICES OR DELIVERABLES FOR ANY PARTICULAR PURPOSE OR WITH RESPECT TO ITS ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. TIER-1 PRODUCTS INC. SHALL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR THE USE OF THE DELIVERABLES BY CUSTOMER.
In order to receive warranty remedies, deficiencies in the services must be reported to Tier-1 Products Inc. in writing within 30 days of completion of the Deliverables and Services. Customer shall not make any additions, deletions or modifications to the Deliverables except as specifically set forth in the documentation or as authorized in writing by Tier-1 Products Inc. Unauthorized modification of the Deliverables shall cause immediate termination of any applicable warranty as established above. Customer’s sole remedy shall be to have the deficiencies remedied or to receive a refund of the pro rata amount of the fees allocable to such services, at Tier-1 Products Inc. option. In no event shall Tier-1 Products Inc. liability under this agreement, exceed the fees paid to it by customer on each individual statement of work.
Performance and Scope
Tier-1 Products Inc. will provide to Customer the professional services. Tier-1 Products Inc. will provide such resources and utilize such employees and/or third party consultants as it deems necessary to perform the services.
Customer and Tier-1 Products Inc. agree to cooperate in good faith to achieve completion of the Services in a timely and professional manner. Customer understands and agrees that Tier-1 Products Inc. provision of the Services may depend on the completion of certain Customer tasks or adherence to Customer schedules within Customer’s control; consequently the schedule for completion of the Services or any portion thereof may require adjustments or changes in the event such Customer tasks or schedules change or are modified or are not completed as anticipated. Tier-1 Products Inc. shall bear no liability or otherwise be responsible for delays in the provision of Services or any portion thereof occasioned by Customer’s failure to complete in a timely manner, a Customer task or adhere to a Customer schedule.
Term and Termination
This Agreement commences on the Effective Date and, unless terminated earlier pursuant to the terms of this Agreement, shall continue in force unless terminated by the parties. This Agreement may be terminated by either party upon thirty (30) days’ prior written notice in the event the other party materially breaches or fails to perform any material term hereof and the breaching party fails to cure such breach within the 30-day period; notwithstanding the foregoing, the cure period for any failure of Customer to pay service fees and expenses due hereunder shall be 10 days from the date of receipt by Customer of any notice of breach relating thereto.
Force Majeure
Tier-1 Products Inc. shall not be responsible for any reasonable delay and/or failure in performance by Tier-1 Products Inc. of any and/or all of Tier-1 Products Inc. obligations under this Agreement caused by any act, omission, and/or event beyond Tier-1 Products Inc. reasonable control.