Red Mile Technologies Inc.

Purchase Order Terms and Conditions

“you” refers to the customer.

“we”, “our” and “Red Mile” refers to “Red Mile Technologies Inc.” and its successors and assigns.

The “Website” refers to the pages and content contained at http://www.redmiletech.com.

1.      E-ACCOUNT

In order to purchase products from the Website, you must create an E-Account which includes a login (user) name and password. Once created, your E-Account will allow you to make orders, review order history, track orders, create product ratings for purchased items listed on our website, create shopping lists and allow for information to be stored to expedite future ordering via http://www.redmiletech.com.

 See our Website Terms and Conditions of Use for more information regarding the E-Account.

2.     METHODS OF PAYMENT

We accept the following online payment methods: VISA, MasterCard, American Express, Discover and PayPal. We utilize PayPal Express and PayPal Web Payments Pro to facilitate with processing transactions.

If you are uncomfortable with using your credit card online or transacting over the Internet, please contact us at +1-403-457-5483 and speak with a representative about processing your credit card over the telephone.

3.     INFORMATION PROVIDED

We rely on the information that you provide through the Website, including E-Account registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

4.      PRICING, ACCURACY AND PRODUCT AVAILABILITY

All prices are quoted in Canadian dollars. Please note that all prices reflect the cost of the item before taxes. Taxes are not included. Red Mile cannot confirm the price of an item until you order. All applicable taxes will be added once your order is being processed.

 We have made every effort to present the content on our Website accurately. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Red Mile cannot guarantee that products advertised on the Website will be available when ordered or thereafter. All photographs, copy and prices within this Website are based on the latest information available at the time the information is posted to the Website. Red Mile does not accept liability for pictorial or typographical errors.

Red Mile reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.

Advertisements on the Website are invitations to you to make offers to purchase products and services and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a confirmation to your email address. That confirmation email constitutes our acceptance of your order and forms a legally binding contract with Red Mile.

Please note that some products may require special order and may not be available in certain regions. We reserve the right to change the availability status of a product without notice. Products may be purchased for delivery to an address located in Canada or the United States only. Batteries, tapes, adapters, accessories and CDs are not included unless otherwise indicated.

4.1. PRODUCT AVAILABILITY TERMINOLOGY

The following product availability information as displayed on our Website is only an estimate, and is subject to change without notice:

 

• “Ships in 1-3 business days”: we will ship your product upon confirmed payment within 1-3 business days of placement of order.

 

• “Ships in 5-7 business days”: we will ship your product upon confirmed payment within 5-7 business days of placement of order.

 

• “Limited quantity available – may be subject to backorder”: we have restricted levels of products available and customers requesting orders of these items may experience delays in processing and receiving their goods due to product volumes and demand.

 

• “Item backordered - may be a delay in ordering”: item is currently being ordered from the supplier and other customer orders are ahead of the current one wanting to be placed. Customers will experience a delay in reservation, fulfillment and shipment of their order.

 

• “Out of Stock - Contact us to reserve your place in our backorder sequence”: we are currently sold out of this item but may contact the supplier with future order details to request this product be ordered when quantities become available.

 

• “Special delivery item - please contact us for a custom shipping quotation for this product”: this product is oversized and requires specific handling and custom shipping rates based on dimensions, product weight, and customer location.

5.     SHIPPING

5.1. Standard Items

Standard items are those which weigh less than 30lbs and may include, but are not limited to:

 

• Digital Cameras
• Laptop Computers
• PDA (Personal Data Assistant) devices
• Projectors
• Projector lamps 

 

We strive to process your order within 24 hours of confirmed payment receipt. Orders will be sent via FedEx, Purolator Courier and UPS. Ground and Express Delivery services are available for most items depending on customer’s need. Unless otherwise requested, or due to geographic location/restrictions, orders are shipped via “ground” service, by default.   

 

At this time, we do not allow customers to chose their shipping courier/s, nor request a personal/custom use of one for order delivery.

 

In the event that you are shipped an incorrect product, we will gladly accept the unit back (in accordance with our General Returns and Exchanges Policy) at no additional cost to you. * IMPORTANT: Please contact us to arrange for this transaction prior to shipping back the product/s.

5.2. OversizedItems

Items offered from Red Mile that have a weight deemed over 30lbs are considered “oversized items”. Such items require special delivery and the customer may incur additional shipping and services charges because of their unusual size and weight.

 

Please call +1-403-457-5483 for an estimate of these charges. Charges will be calculated based on sizing of the product, weight of the product, the courier selected and the customer’s shipping address.

5.3. Delivery Zones

Red Mile ships to customers resident in Canada and the United States.

 

If customers choose to have their product shipped to a PO (Post-Office) box, rural route address or military address, they are also requested to provide a physical street address, highway number and/or an emergency number with their order/s.

5.4. Delivery Dates

Shipping dates provided by Red Mile are solely estimates and not to be taken as exact.

 

Red Mile will not be held responsible for product unavailability (whether from the supplier’s or manufacturer’s), shipping courier delays, delays due to environmental reasons, loss of power, labour problems, acts of war, terrorism, embargo, or acts or laws of any government or agency or any other causes beyond Red Mile’s control, whether similar or dissimilar to those listed above..

 

Customer dissatisfaction surrounding courier failure of fulfillment involving “guaranteed” service/s will be handled on a case-by-case basis. Customers should not contact couriers for claims related issues or disputes, as the customer is not considered “the shipper” in the transaction.

6.     EXPORTATION

You acknowledge and agree that product(s) that you purchase may be subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and the Regulations thereunder as well as by the United States Export Administration Act and Export Administration Regulations. You agree and certify that no products being purchased are being or will be used for any purpose prohibited by this legislation.

 

You shall not export nor re-export products purchased from Red Mile to countries outside of your own to which you purchased the product(s) to. You recognize and accept that by doing so involves the potential void of any associated warranties of products.

7.     ORDER TRACKING

You can check the status of your order by logging into your E-Account. Tracking numbers can be found under your order details in your order history.  Alternatively, you may contact us via telephone and speak with a Red Mile representative.

8.     GENERAL CANCELATION, RETURNS AND EXCHANGE POLICY

Full Purchase Terms and Conditions can be read here  

8.1. Cancelling an Order

You may cancel your order no later than 3 hours after order placement by using the cancelation form found under the "Contact Us" page or by calling our office.  We strive to process orders quickly and require as much notice of a cancelation as possible.

 

If you choose to cancel your order and the product(s) has/have already shipped, you will be charged a 15% restocking fee for this order. If you choose to cancel your order and the product(s) has/have not been shipped, you will not be charged the 15% restocking fee.

8.2. Incorrect Product Shipped

If we have shipped the incorrect product(s) to you, we will exchange your product(s) at no charge if your claim is filed within 5 business days of your delivery confirmation date. The product(s) must be returned in the unopened, original factory packaging to qualify.

8.3. Non-Defective Product Returns

If you would like to return a non-defective product, we will offer a refund of the purchase price less a 15% restocking fee if your claim is filed within 5 business days of your delivery confirmation date. The product(s) must be returned in the original packaging to qualify.  

8.4. Defective Product Returns

Products considered defective according to the applicable manufacturers’ guidelines and instructions will be subject to the manufacturer’s specific warranty policies. Subject to applicable Red Mile’s warranty provisions, if any, products which are inoperable or irreparable, may be replaced for a similar model of equal or lesser value offered by Red Mile.  All defective products must be shipped back in the original factory packaging to qualify.

8.5. Products arriving DOA (Dead on Arrival) or Damaged Through Shipping

If a product is completely non-functioning, we will replace your product(s) if your claim is filed within 24 hours of courier confirmation of delivery. The products must be shipped back in the original factory packaging to qualify.

 

Damaged product orders will also be addressed with the courier company for client fee re-imbursement.

8.6. Process for Returning a Product

If any of 8.2 through 8.5 above apply, please fill out the applicable form located under “Contact Us”. Once your information is verified, you will receive a response from our Returns Department (returns@redmiletech.com) via email indicating an approval or decline within 48 hours.

 

If approved you will be given a RMA (Return Material Authorization) number.  Please ensure you clearly label your return with this number.   

 

Please note, any packages sent to Red Mile without a valid RMA # will be refused and returned to sender.

  

In the event that a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount at the discretion of Red Mile Technologies Inc.

 

Customers with approved exchanges and DOA/damaged product(s), will have a new product (where applicable) shipped out to them within 5 business days of receipt of the return (pending Red Mile stock levels at that time).

8.7. Data on Returned Product(s)

When returning a product to Red Mile, you are responsible for deleting or removing all personal information and media from your product before you return it. Red Mile will not be held responsible for any loss or use of personal data or media left behind.

9.     WARRANTIES

Except as expressly described herein, you understand and agree that Red Mile is not the manufacturer of any products sold and the only warranties offered are those of the manufacturer, not Red Mile or its affiliates.  In purchasing all products, you are relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other provided by Red Mile. RED MILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, ACCESSIBILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  IF ANY MODEL, DRAWING, PICTURE OR SAMPLE WAS SHOWN TO OR PROVIDED BY RED MILE, SUCH WAS USED MERELY TO ILLUSTRATE THE GENERAL TYPE OF PRODUCTS AND NOT TO REPRESENT THAT THE PRODUCTS WOULD NECESSARILY CONFORM TO THE MODEL, DRAWING, PICTURE OR SAMPLE AND THERE IS NO WARRANTY MADE THEREBY.  

 

Red Mile does not in any way represent, warrant or guarantee that any manufacturer’s warranties are enforceable or effective to remedy any defect in any products. Claims under any manufacturer’s warranty must be made in accordance with the manufacturer’s requirements regarding the return, repair, or replacement.

 

Certain, limited products sold by Red Mile are manufactured by Red Mile. Where specifically agreed to in writing by Red Mile, product specific Red Mile warranties may apply. Please refer to the Red Mile warranties applicable to your product(s), if any.

10.  LIMITATION OF LIABILITY

IN NO EVENT SHALL RED MILE, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AGENTS, REPRESENTATIVE OR SUPPLIERS BE HELD LIABLE WITH RESPECT TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL CLAIMS OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, INCOME, PROFITS, BUSINESS OR GOODWILL, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY OR LAW OR EQUITY) AS A RESULT OF YOUR USE OF, INABILITY TO USE, A PRODUCT PURCHASED FROM RED MILE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF A PRODUCT IS AT YOUR OWN RISK.

 

THE EXCLUSION OF CERTAIN WARRANTIES AND LIMITATIONS OF LIABILITY IS PROHIBITED IN CERTAIN JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

11.  GOVERNING LAW

Any claim or dispute arising from, or in relation to the purchase and sale of products and/or these Purchase Order Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions or your actual province or country of residence.  You agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta and the Federal Courts located within the Province of Alberta. Additionally, you agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Purchase Order Terms and Conditions and is strictly excluded.

12.  GENERAL TERMS

You do not have the right to assign these Purchase Order Terms and Conditions.  Red Mile has the right to assign any or all of its rights and obligations under these Purchase Order Terms and Conditions. The failure of Red Mile to exercise or enforce any right or provision of these Purchase Order Terms and Conditions shall not operate as a waiver of such right or provision.  The section titles in these Purchase Order Terms and Conditions are for convenience only and have no legal or contractual effect.  If any provision of these Purchase Order Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Purchase Order Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  The parties have expressly requested and required that these Purchase Order Terms and Conditions and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

13.   ACCEPTANCE

By ordering products through the Website, you confirm that you have read, understand and agree to these Purchase Terms and Conditions.

 

You also agree to permit and recognize the execution or acceptance of this these Purchase Terms and Conditions and the order by means of an “electronic signature” as that term or similar term is defined in the Electronic Transactions Act (Alberta) or equivalent applicable legislation. Notices and communications required or permitted hereunder may be delivered in an electronic form, and if so delivered, shall satisfy the notice requirements set forth herein or arising under applicable law.