Terms of Sale


The following are terms and conditions which govern your purchase of products on this Site (defined below) or by phone, or from BIC (defined below). By submitting your order on this Site, you are agreeing to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to these terms and conditions, do not submit an order on this Site or by phone.


Definitions

"BIC" shall mean Brother International Corporation (Canada) Ltd., www.brother.ca and their affiliates, headquarters and designees as deemed appropriate by Brother International Corporation (Canada) Ltd.

"Product" shall mean any item offered for sale on the Site, including but not limited to, accessories, supplies and parts, Multi-Function Center® printers, facsimile machines and sewing machines.

"Site" shall mean the brother.ca website.

"Standard Warranty" shall mean the warranties set forth in the user guide or located in a separate insert in each Product carton.

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Product

BIC attempts to be as accurate as possible on the Site. However, BIC, does not warrant that Product descriptions or other content on the Site is accurate, complete, reliable, current and/or error-free. If a Product offered is not as described, your sole remedy is to return it in unused condition. For more information regarding returns, please see our Return Policy.

http://www.brother.ca/Help/Return.aspx?lang=en-CA

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Errors on the Site

BIC reserves the right to revoke any stated offer, cancel any order and correct errors, inaccuracies or omissions on the Site at any time even after an order has been submitted and whether or not the order has been confirmed and/or your credit card charged. In the event that your credit card has already been charged and your order is cancelled, BIC will refund the amount of the charge to the original pay type.

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Pricing Policy

Product prices and availability are subject to change without notice, in BIC's sole discretion.

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Sales Tax Policy

Because BIC does business throughout Canada and collects and remits sales tax as required by law, the Site also collects and remits sales tax as appropriate. Products offered on this website, www.brother.ca, are valid and intended for purchase by end users for personal use, not for resale. Non-profit organizations or individuals/persons eligible for tax exemption will be required to provide us with a valid tax exempt certificate (other than a resale certificate) upon placement of the order. Please fax your Sales Tax Exemption Certificate within 48 hours at this number 1-514-685-0701, and be sure to reference your Online Order Confirmation number for proper identification. The documentation MUST be received prior to the order being shipped. If you indicated that you have tax-exempt status in your order, BIC will not process your order until we receive proof of such status.

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Paying for Your Order

You may pay for your orders with a major credit card issued in Canada, with billing address in Canada. Currently, we accept Visa® and MasterCard®. If you wish to pay by check or money order, please contact our Consumer Sales Department at shopping@brother.ca .

Credit cards are not charged until the Product has shipped at which time you will only be charged for the Product actually shipped including any appropriate taxes or shipping/handling charges. However BIC pre-authorizes your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

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Validating Your Order

After you place an order using the Site shopping cart, BIC will check the information you provide for validity, by verifying your method of payment and billing address. BIC also verifies the pricing, quantity and current stock status of the Product requested. BIC reserves the right to decline any order submitted and/or limit the Product quantities purchased by you, without giving any reason. The quantity purchased of Products being offered with a rebate and/or discount may be limited by BIC in its sole discretion. If a Product is being offered with a rebate, you are limited to purchasing up to two (2) or the amount indicated, of such Product. If BIC declines your order, BIC will attempt to notify you using the e-mail address you provided during your registration onto this Site.

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Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify BIC's acceptance of your order, nor does it constitute our offer to sell. BIC reserves the right at any time after receipt of your order to accept or decline your order for any reason.

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Backorders

All orders placed on the Site are subject to Product availability and will be shipped according to BIC's shipping policies.

In the event that a Product is out of stock, you will receive written notification of the backorder. Please note your credit card will not be billed for the backordered Product until the merchandise actually ships.

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Return Policy

All sales made through the Site are subject to BIC's return policy. For a complete explanation of the return policy, please see our Return Policy.

http://www.brother.ca/Help/Return.aspx?lang=en-CA

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Shipping

Please review the Order and Shipping Information under the Customer Service link for additional information on shipping times, rates and policies.

http://www.brother.ca/Help/Shipping.aspx?lang=en-CA

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Campaigns/Promotions/Contests

BIC reserves the right to cancel, change or restructure any and/or all promotions, sales, contests, surveys, etc. at any time and for any reason. Coupon or Promotional Codes are valid until the end of the posted or communicated validity date or while supplies last. Any unused portion will be forfeited. Each coupon code limited to one use per customer; one code per checkout. Offer void where prohibited, taxed, or restricted by law. Non-transferable. Not retroactively valid on previously purchased items. Not valid on any resale activity as defined by BIC. Coupons may not be used to purchase gift cards. May not be permitted with certain bundle offers. Products and support acquired by customer under these terms are solely for customer's personal use and not for immediate resale or sublicensing. Distributors and other resellers are not eligible for these offers.

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Children

BIC does not sell products or services for purchase by children. If you are under 18 years of age, you may only use the Site with the involvement of a parent or guardian.

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Warranties

All Products include a Standard Warranty. To view the Standard Warranty for your Product or purchase an Extended Warranty, click here:

http://www.brother.ca/warranty/default.aspx?lang=en-CA

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Disclaimer of Warranties

WITHOUT LIMITING THE FOREGOING, THE PRODUCT IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE STANDARD WARRANTY. BIC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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Limitation on Liability

Under no circumstances shall BIC be liable for any indirect, incidental, special or consequential damages that arise from or relate to this agreement or your use of the Product sold through the Site. BIC’s aggregate liability arising from or relating to this agreement or the use of the Product sold through the Site shall in no event exceed amounts paid to BIC hereunder. The foregoing limitation shall apply in any action, whether in contract, tort (including negligence) or any other claim or cause of action, even if an authorized representative of BIC has been advised of or should have knowledge of the possibility of such damages. You acknowledge that this limitation on liability section shall apply to all Products. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This provision shall apply to the maximum extent permitted by applicable laws and shall survive the termination of this agreement.

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Miscellaneous

The terms herein shall be governed by and construed in accordance with the Canadian laws and extend to all Canadian provinces, exclusive of its choice of law rules. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

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Update of Terms and Conditions

BIC may from time to time revise these terms and conditions by updating this posting. Please visit this page periodically to review the current terms and conditions because they are binding on you. If any provision of these Terms and Conditions of Sale shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions of Sale and shall not affect the validity and enforceability of any remaining provisions. Certain provisions of these Terms and Conditions of Sale may be superseded by expressly designated legal notices or terms located on particular pages on the Site.

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