Sense Digital

SENSE DIGITAL TERMS OF USE AGREEMENT

By using this web site, you agree to the terms and conditions given below. Please do not use the site if you do not agree to the terms and conditions, instead contact SENSE Digital directly for information you require.

This website and all matter on it, including but not limited to the design, content, files and graphics, remain the property of SENCE ., its affiliates and its suppliers. An item from this site can be downloaded and/or reprinted by you solely for your personal and noncommercial use. Downloaded or reprinted materials may not be altered in any way and must include any copyright or other proprietary rights notices that were contained in the downloaded material. Any other use of this site or any items on it, in whole or in part, for any other reason is expressly prohibited unless prior written consent is obtained from SENSE Digital .

1. Opening an Account

You may obtain a New Account Form from any SENSE Digital representative or by contacting any of our offices. Subject to a satisfactory credit check, an account will be opened and an initial credit limit will be established. This limit may be adjusted periodically according to purchase history and promptness of payment.

2. Acceptance

All orders received by SENSE Digital . are subject to final acceptance or confirmation by SENSE Digital and no terms or orders are binding upon SENSE Digital until so accepted.

3. Payment Terms

Payment is due upon receipt of invoice. Monthly statements are printed throughout the month according to each customer's statement cycle date. The statement will summarize all invoices, credit notes and payments during the monthly statement cycle. Please pay the net balance owing promptly to avoid interest charges which will be applied to overdue balances at the rate of 2% per month (26.8% per annum). Service charges will apply to N.S.F. cheques. Payments made using credit cards will be processed when merchandise is shipped and invoiced. You may not hold back or set off any amounts owed to us in satisfaction of any claims asserted by you against us.

4. Shipping

Merchandise orders are normally processed the day of receipt and shipped by courier the same day. Delivery is generally next day or within two days. Freight, handling and/or shipping charges may apply. More information can be obtained from your sales consultant. A nominal handling charge will apply to all orders. We are not responsible for delays in delivery due, directly or indirectly, to causes beyond our reasonable control. Unless otherwise agreed, freight terms are FOB Shipper's Dock. Title passes at the time the shipment is loaded at the shipper's dock.

5. Handling Charges

Due to various increases in shipping costs, a nominal handling charge may be applied on orders.

6. Claims

Please check your order immediately upon receipt. If there is any damage in transit or any shortage to the order, please advise us within three business days of receipt of the goods.

7. Dangerous Goods

Some products are deemed to be dangerous by the Ministry of Transport. In some cases we can absorb the extra costs incurred to ship these goods but additional charges may apply on certain products, to certain areas.

8. Prices

All prices are published in Canadian dollars. All prices are subject to change at any time without notice and price increases may be passed on in the event of adverse currency exchange fluctuations, manufacturer price increases or extraordinary circumstances. We are not responsible for typographical errors.

9. Taxes

The prices quoted on this web site do not include GST (Goods and Services Tax), PST (Provincial Sales Tax), HST (Harmonized Sales Tax), or any other sales, use, excise, or similar tax to the extent applicable. All applicable taxes will be charged on each invoice. All tax exemptions should be submitted to Head office in Ottawa.

10. Large Equipment Orders

A deposit of 10% is required on all large equipment orders. The balance of payment is due when equipment is delivered to you. Equipment sale terms differ, and convenient financing or leasing is available to approved customers. Call 1-613-255-5025 for further details. Architectural and design services are available for a moderate fee. We honour all manufacturers' warranties and provide a 30-day labour warranty. Large equipment will usually be delivered within 6 to 8 weeks. Frequently purchased items may be in stock. Large equipment orders cannot be cancelled and are non-returnable.

11. Warranty

SENSE Digital . makes no representation, warranty or condition, express or implied, (including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed to the fullest extent permitted by law) concerning the products listed in this Web site.

12. Returns

To arrange for a return, simply call our Customer Service department or contact your Sales Consultant. The following conditions must be complied with:
All returns must be accompanied by a copy of your invoice and a reason for the return.
Returned products must have been purchased within the previous ninety (30) days. Any returns past ninety (30) days are subject to a restocking fee.
Shortages or errors in shipments must be reported within seven (7) days of invoice date to issue credit (if applicable).
Shipping charges will apply on all returns.

Exceptions: The following special, customized, or government-regulated items are not returnable:
Opened handpieces, small equipment, and custom-ordered equipment
Special order items (products that we do not ordinarily stock)
Personalized and imprinted items
Opened computer hardware and software
Hazardous items
Expired products
Items that cannot be returned to the manufacturer

13. Guaranteed Satisfaction

If you have tried a SENSE Digital product and it is defective or does not perform satisfactorily, we will exchange or refund. It's your choice. To arrange for a refund, simply call or e-mail our customer service department at +1-613-255-5025, or support@sense.co.

SENSE Digital . and Customer agree that the terms and conditions hereinafter set forth shall govern the relationship between SENSE Digital and the Customer. Customer acknowledges and accepts all such terms and conditions by placing an order for goods with SENSE Digital, and upon the Customer's receipt of SENSE Digital's invoice enclosed with items delivered to Customer, or upon Customer's receipt of SENSE Digital's credit memorandum or statement, whichever occurs first.

14. Scope

These Legal Terms and Conditions apply to the entire SENSE Digital Web site and all portions of the site contained therein (excluding links to other Web sites as provided below), including, but not limited to, the SENSE Digital . Web site. These Legal Terms and Conditions shall apply to any future portions of the SENSE Digital Web site (excluding links to other Web sites as provided below) unless otherwise stated.

15. Use of This Web Site

Use of this Web site and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this Web site constitutes your full acceptance of these Legal Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.

16. No Unlawful or Prohibited Use

As a condition of your use of this Web site, you will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web site in any manner that could damage, disable, overburden, or impair any SENSE Digital server, or the network(s) connected to any SENSE Digital server, or interfere with any other party's use and enjoyment of the Web site. You may not attempt to gain unauthorized access to any computer systems or networks connected to any SENSE Digital server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site. SENSE Digital makes no representation that the Web site is appropriate or available for use in locations outside the Canada, and accessing the Web site from territories where such content is illegal is prohibited. Those who choose to access this Web site from locations outside the Canada do so at their own initiative and are responsible for compliance with all applicable laws.

17. Security

You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify SENSE Digital of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.

18. Links to Other Web Sites

This Web site may contain links to other Web sites not owned or managed by SENSE Digital or its affiliates. SENSE Digital provides such links solely for the convenience of our visitors. SENSE Digital is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by SENSE Digital. The inclusion of links to such sites does not imply approval or endorsement of the site by SENSE Digital or any association with its operators. We urge you to read the terms of use policies on linked Web sites before utilizing their products or services as SENSE Digital is not responsible for these areas.

19. Proprietary Rights (Copyrights)

SENSE Digital is the owner or licensee of all copyrights in and to the content on this Web site, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this Web site; and (ii) the design, selection and arrangement of this Web site. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Web site and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the Web site solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with SENSE Digital or its licensors. SENSE Digital and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Web site for any purpose not expressly authorized herein without the prior written permission of SENSE Digital or its licensors is forbidden.
Trademarks: SENSE Digital and the names of all its products and services mentioned on the site are either trademarks or registered trademarks of SENCE . or its affiliates. Our trademarks may not be used in connection with any third party goods or services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SENSE Digital or its affiliates.
Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Web site by you and all information provided by you in any manner consistent with our Privacy Statement. Click here to read our Privacy Statement, which is incorporated into these Legal Terms and Conditions by reference.

20. Typographical or Other Errors

While SENSE Digital takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. SENSE Digital does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While SENSE Digital makes reasonable efforts to prevent unauthorized tampering with the Web site, SENSE Digital does not guarantee that its efforts will always be successful. Therefore, as set below, SENSE Digital does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.

21. Disclaimers

THIS SITE, AND ALL INFORMATION CONTAINED IN IT, IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SENSE Digital . HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, OR ANY INFORMATION CONTAINED IN IT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SENSE Digital . ASSUMES NO LIABILITY OF ANY KIND FOR THIS SITE, AND THE INFORMATION AND DATA CONTAINED IN IT, OR FOR YOUR USE OR INABILITY TO ACCESS THIS SITE.

SENSE Digital . WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES ARISING OUT OF OR RELATING TO THIS SITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.

22. Third Party Links on the Site

There may be few links on this site that will let you navigate away from the SENSE Digital . site. The linked sites are not under the control of SENCE ., so SENCE . is not responsible for the contents of any linked site. These links are solely provided for your convenience, and the inclusion of any link on the website does not imply endorsement by SENSE Digital . of any such linked site.

23. Future Changes

SENCE . reserves the right to change or update the content of this website at any time. In addition, these terms and conditions may also be updated in the future. We reserve the right to make such changes and will post new terms and conditions should that situation occur. Your use of the site after any changes are made will constitute acceptance of such revised terms and conditions.

24. Limitation of Liability

Use of the SENSE Digital Web site or any software application installed by you in connection with the use of this Web site, is at your sole risk. While SENSE Digital makes reasonable efforts to ensure the safety and functionality of our Web site and any software applications associated with its Web site, these efforts may fail and errors may occur.
IN NO EVENT SHALL SENSE Digital OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. SENSE Digital WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF SENSE Digital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SENSE Digital'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO SENSE Digital FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE.
Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

25. Forward Looking Statements

THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY SENSE Digital OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND AVAILABLE THROUGH SENSE Digital'S WEBSITES MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS "MAY," "COULD," "EXPECT," "ANTICIPATE," "INTEND," "BELIEVE," "PLAN," "ESTIMATE," "FORECAST," "PROJECT," OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF. THE COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN. THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON THEN-CURRENT EXPECTATIONS OF MANAGEMENT. ALL FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE. FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS AND UNCERTAINTIES THAT MAY CAUSE OUR ACTUAL RESULTS, PERFORMANCE AND ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER "RISK FACTORS" DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE SECURITIES AND EXCHANGE COMMISSION. THE COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.

26. Indemnification by User

You agree to defend, indemnify, and hold harmless SENSE Digital and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.

27. Termination

SENSE Digital shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which SENSE Digital determines in its sole discretion to be unacceptable.

28. Choice of Law and Forum

These Legal Terms and Conditions 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 conflicts of laws. By accessing this Web site, you agree that courts located in the Province of Ontario shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Legal Terms and Conditions and/or your use of this site, and you further agree and submit to the exercise of the jurisdiction of such courts, waive objection to the venue of any proceeding in such courts or that such courts provides an inconvenient forum and consent to extra-territorial service of process for the purpose of litigating any such claim or action.

29. Records

A printed version of these Legal Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Legal Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, SENSE Digital'S records shall be conclusive in all respects.

30. Integration and Severability

These Legal Terms and Conditions constitute the entire agreement between you and SENSE Digital with respect to this Web site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SENSE Digital with respect to this site. If any part of these Legal Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.