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General Terms & Conditions

 
 
Terms and conditions

The following terms and conditions govern the sale of products or services by 2S Technology. By requesting a product or service from 2S Technology, you have indicated your acceptance to be bound by these terms and conditions of sale. At 2S Technology's sole discretion, these terms and conditions may be changed without prior notice at any time before 2S Technology accepts your order. It is the customers responsibility to remain aware of the state of these terms and conditions.

fulfillment of an agreement

An agreement is considered fulfilled when a product that was ordered is delivered. An agreement is considered fulfilled when a service that was requested is performed. Fulfillment of an agreement between 2S Technology and any customer is at the sole discretion of 2S Technology or it's authorized agent.

Prices

Prices shown do not include taxes unless otherwise noted. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is made. Nonetheless, if a price drops before the fulfillment of an agreement and you notify 2S Technology of the lower price before billing, the price charged will be the lower price.

Payment Terms

Payment is due by Cash, PayPal, Cheque, Money Order or Bank Draft. Please make cheques payable to '2S Technology'. Payments will be applied to the oldest balance first. There will be a 3.5% fee added to all Amex, Mastercard, Paypal, or Visa payments. Unless otherwise stated payment is due within 21 days of fulfillment of an agreement. (As indicated by "Due Before".) Unless otherwise stated any payments made within 10 days of fulfillment of an agreement with be eligible for a 2% discount. The customer must indicate that a discount is being utilized at the time of payment, otherwise no discount will be applied. Unless otherwise stated financed payments are not eligible for an early payment discount. Unless otherwise stated rental amounts are not eligible for an early payment discount. Any invoice not paid within 21 days will be converted to an open-ended loan at a rate of 29.99% per annum, the first charge being calculated on the due date, with the outstanding balance being compounded every 30 days from that date. There is a $20.00 administration fee for the conversion of an outstanding balance in excess of $1000.00 CAD to an open-ended loan. The administration fee will be added to the outstanding balance. All discounts will be retracted on any account (and all related accounts) in which there is an arrears balance for more than 90 days, until the arrears balance is payed. Credit will be revoked on any account (and all related accounts) in which there is an arrears balance for more than 90 days, until the arrears balance is payed. Rates are subject to change without notice. Current rates are available at www.2STech.ca.

Limitation of Liability

The maximum liability to the customer for products or services purchased from 2S Technology shall be limited to the purchase price you have paid for the products. Also, 2S Technology will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.

Interpretation

These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.

Arbitration

All dispute, controversy, or claim against 2S Technology arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau.(BBB). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and 2S Technology. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney's fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.

No Modification

Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by 2S Technology. These terms and conditions may not be modified, altered or amended without the written agreement of 2S Technology.

Severability

If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be Severable.

General

You may not assign this agreement without 2S Technology's prior written consent. 2S Technology is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products or services purchased from 2S Technology, this agreement shall take precedence.

Specialty/Specialized Software

Software package written to meet the requirements of specific users, in specific industry or service areas. Classification of software as Specialty/Specialized with regards to service is at the sole discretion of 2S Technology or it's authorized agent. Generally any specific title that has sold less than ~100,000 units would be classified as Specialty.