Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Heliproducts, acceptance is expressly limited to these terms.
Online Store. All prices are in USD. Shipping, brokerage, customs duties, and applicable taxes are not included in your online order. After your online order is processed, one of our staff will contact you to setup a Purchase Order. All orders must be sent on a Company purchase order. After your online order is processed, one of our staff will contact you to setup a Purchase Order. We will contact you to confirm your company name, address, and shipping details including your account number, EIN number (for customers in the US), the ship to address (if different than purchaser), and your shipping account number. All products are sent FOB Vancouver. We can ship by ground or air, using all major couriers, airlines, bus, and other ground transportation. Your order will be shipped upon receipt of payment. We offer several different methods of advanced payment (wire transfer, Visa and MasterCard).
All parts are sold with a 14 day satisfaction warranty. For all new, repaired and overhauled items Standard Manufacturer’s Warranty applies. If a part is unsatisfactory, please advise us within 14 days of delivery and we will repair or replace the part pursuant to our warranty at no charge to the customer. For any parts returned to us for a refund that to do not fall under a warranty policy, we reserve the right to charge 20% restocking charge on refunded parts. All freight, insurance and custom charges are the responsibility of the customer. All items are subject to prior sale.
Overhauled Exchange Policy. All exchange prices are quoted based on receipt of an acceptable core within 15 calendar days from invoice date. Acceptable cores are defined as units that are identically configured and equivalent in mod status to those provided on exchange. Cores are to be normal run outs (time expired) and not subjects of severe stress or heat as in major engine failure, fire, crash, water submersion, cannibalization, inept repair, abnormal wear, etc. For units that require parts and repairs in excess of ‘flat rate’ criteria (above normal), additional charges will apply. If return unit is found beyond economical repair and customer cannot supply an acceptable core in a timely manner, the outright sale price will apply. Outright sale being the sum of exchange price and core charge. In some cases, an upfront core deposit may be required.
Core Return Policy. A complete uncanniballized non-incident related core must be received within 15 calendar days of our invoice date. Unit may have been determined B.E.R. by prior inspection. We may consider alternate manufacturer units and those with similar part numbers but equal or great core value, as acceptable cores. Please call to verify acceptance before returning the core unit.
Intellectual Property. This Agreement does not transfer from Heliproducts to you any Heliproducts or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Heliproducts. Heliproducts, heliproducts.com, the heliproducts.com logo, and all other trademarks, service marks, graphics and logos used in connection with heliproducts.com, or the Website are trademarks or registered trademarks of Heliproducts or Heliproducts’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Heliproducts or third-party trademarks.
Changes. Heliproducts reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Heliproducts may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Heliproducts may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your heliproducts.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Heliproducts if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Heliproducts’ notice to you thereof; provided that, Heliproducts can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is". Heliproducts and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Heliproducts nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Heliproducts, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Heliproducts under this agreement during the twelve (12) month period prior to the cause of action. Heliproducts shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Heliproducts, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Heliproducts and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Heliproducts, or by the posting by Heliproducts of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Port Coquitlam, BC. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Port Coquitlam, BC, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Heliproducts may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.