Terms of service

THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM GAMBLE TECHNOLOGIES LIMITED ("GTL"). EXCEPT WHERE SPECIFICALLY AGREED UPON, NO OTHER TERMS APPLY. BY PLACING AN ORDER, YOU ARE AGREEING TO THESE TERMS.

Definitions:
"Product" shall mean any configuration of hardware and software, including but not limited to documentation, sold or licensed by GTL. 

Entire Agreement:
The terms and conditions herein may NOT be altered, supplemented, or amended using any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void. 

Order acceptance by GTL/Acceptance of this agreement by customer:
All orders of Products placed by Customers with GTL shall be subject to acceptance by GTL. Placement of a product order shall constitute full acceptance of these terms and conditions. 

Payment Terms:
Terms of payment are agreed upon when an order is placed. For authorized accounts, GTL accepts purchase orders with typical terms of Net 30 Days. GTL also accepts VISA and MasterCard credit cards upon submission of order with the card being charged upon shipment of the product/service as ordered. GTL also accepts wire transfer payments.  GTL payment terms are subject to change without notice at GTL's sole discretion. 

GTL accepts only Canadian issued credit cards. GTL reserves the right to refuse an order and refund the purchase price if the particulars of the order do not satisfy our purchase and delivery conditions. 

Lead Times:
As a full service distributor, GTL endeavours to provide the most timely delivery schedule possible for each of its Supplier-Partners.  An estimate is provided for delivery time in each quotation.  Updates are provided on a best effort basis and all efforts are made to either meet or improve upon original delivery times. It is recognized that each Supplier-Partner may have fluctuations in their delivery schedule, that specific freight forwarders and couriers may have similar fluctuations beyond GTL’s control. 

Products:
GTL continually updates and revises its Products and depending on its Supplier-Partners manufacturing and product life cycles, may revise and/or discontinue Products at any time. GTL Products are new unless specified as refurbished. 

Warranty:
In general GTL extends each of its Supplier-Partners Warranty Terms to each of its products/services provided, with a best effort to perform the warranty repair/replacement within GTL’s Facilities.  It is recognized that certain of its products are highly specialized and may require a factory return or a site visit for evaluation and or repair.

In all cases, GTL’s general warranty statement is that all products are provided to be free of defects in material and workmanship.  No warranty expressed or implied is provided for the purpose of the product. Each Supplier-Partner states a period of warranty validity with GTL providing extended warranty as needed.

Warranty repair or replacement will be at the sole discretion of GTL and its Supplier-Partners and in general requires a return to GTL Facility as a prepaid shipment, with GTL returning to the customer the repaired/replaced unit as a prepaid shipment.  The period and terms of the original warranty apply to any repaired/replaced product.

Shipping and Handling/Risk of Loss: 

In general, GTL sells and ships products within Canada. Exports are considered under the conditions of End Use Disclosure and may be disallowed as per restrictions on product, market, use, end-use and or destination. Product prices do not include shipping and handling. Unless otherwise instructed, GTL will use its discretion in selecting a reputable carrier and appropriate means of shipment. In the event of Product damage or loss during transit, it is the responsibility of the Customer to notify GTL within 24 hours of receiving damaged Product or where Product is not delivered. Product damage or non-delivery may be reported to the GTL Mississauga Facility by email, phone or fax. 

Limitation of Liability:
GTL'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL GTL BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GTL SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS PROVISION GIVES THE CUSTOMER SPECIFIC RIGHTS AND THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE FOREGOING EXCLUSIONS MAY NOT APPLY. 

Taxes:
Prices do not include any applicable federal or provincial sales and are billed separately. 

Title:
Title to Product(s) other than software passes from GTL to Customer upon delivery of Product(s) to Customer. Title to software shall remain with the applicable licensor(s). 

Governing Law:
Sales shall be governed by and construed in accordance with the laws of the province of Ontario, including the applicable federal laws of Canada, but excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. Customer consents and attorns to the jurisdiction of the courts of such province. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

Headings:
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. 

Critical Components except as Specifically Stated:
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others. 

Force Majeure:
GTL shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures or any other causes beyond the control of GTL. Quantities are subject to availability. In the event of product shortage, GTL may allocate sales and deliveries in its sole discretion. 

Waiver/Invalidity:
Failure of GTL to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect. 

Legal Information:
This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. GTL may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. The materials that you read on this site are provided solely for entertainment, promotional and commerce purposes.

Prices, features and specifications are subject to change without notice.

GTL is particularly careful in checking the accuracy of product description and prices, but occasionally an error slips through or a change is made after printing or publishing. We reserve the right to make corrections.

Any comments or materials sent to GTL including feedback data such as questions, comments, suggestions, or the like (collectively "Feedback"), shall be deemed to be non-confidential. GTL shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, GTL shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Information GTL publishes on the World Wide Web may contain references or cross-references to GTL products, programs and services that are not announced or available. Such references do not imply that GTL intends to announce such products, programs or services. Consult your local GTL business contact for information regarding the products, programs and services which may be available to you.

GTL makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-GTL Web site, please understand that it is independent from GTL, and that GTL has no control over the content on that Web site. In addition, a link to a non-GTL Web site does not mean that GTL endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL GTL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You should assume that all materials on this Web site are protected by copyright unless otherwise noted and may not be used except as permitted in these terms and conditions or with the express written consent of GTL.

The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont exigées que la présente convention ainsi que tous documents s'y rattachant soient rédigées dans la langue anglaise.

Use of this Web site constitutes acceptance of these terms.

This is a website of Gamble Technologies Limited

Copyright 1996-Present

Copyright Statement

Gamble Technologies Limited references the copyright language as presented in the Creative Commons License. This is extended to all content referenced from Gamble Technologies Limited, its supplier-partners, any references to any of its customers or applications referenced herein. In addition, usage of this website and our privacy policy is defined under our Terms of Use of GTL.CA..

As a supplier of dual use goods, many of which provide sensitive security related measurements, Gamble Technologies Limited is bound by Canadian Export Controls. We also subscribe to the export controls defined by the Wassenaur Arrangement established in 1996 and follow regulations and related restrictions in US Export ITAR Controls