Terms and Conditions of Sale
Set out below are the terms and conditions applicable to the sale by Live Stream Security Corp. (referred to hereafter as Live Stream) of all products including those listed on the Live Stream Canada Web site and/or Price Sheets. Live Stream will not accept any other terms and conditions of sale. Unless Buyer and Live Stream have executed a master contract which specifically supersedes and replaces these terms and conditions, acceptance of all purchase orders is expressly made conditional upon Buyer’s assent expressed or implied to the terms and conditions set forth herein without modification or addition.
Acceptance Buyer’s acceptance of these terms and conditions shall be indicated by any of the following, whichever first occurs: (a) Buyer’s making of an offer to purchase Product from Live Stream; (b) Buyer’s written acknowledgment hereof; (c) Buyer’s acceptance of any shipment of any part of the items specified for delivery (the “Products”); or (d) any other act or expression of acceptance by Buyer. Live Stream’s acceptance is expressly limited to the terms and conditions hereof in their entirety without addition, modification or exception, and any term, condition or proposals hereafter submitted by Buyer (whether oral or in writing) which is inconsistent with or in addition to the terms and conditions set forth hereon is objected to and is hereby rejected by Live Stream. Live Stream’s silence or failure to respond to any such subsequent or different term, condition or proposal shall not be deemed to be Live Stream’s acceptance or approval thereof.
Conditions of Sale i. Prices. The Purchaser agrees to pay Live Stream the amount shown on the invoice. ii. Taxes. Prices charged or quoted do not include GST, provincial sales tax, customs duties or any other charges or levy charged or imposed on merchandise by any federal, provincial or municipal authority (collectively “taxes”). Federal, Provincial or Municipal taxes where applicable, will be added to the prices quoted where exemption documentation is not provided by the Purchaser.
Delivery Terms i. Shipping Policy-F.O.B. Shipping Point. Shipping terms are F.O.B. Live Stream’s distributor’s warehouse. Live Stream reserves the right to select the method of transportation and the routing of shipment. A Purchase requiring shipment by a method or routing other than that selected by Live Stream will be billed the increase in transportation costs. ii. Delivery. Delivery is subject to Live Stream’s receipt of all necessary information and documentation from Purchaser including, all import certificates, exemption and and/or resale certificates, licenses and other documents as may be required form Purchaser for export of the products. Unless otherwise expressly agreed in writing, delivery of the product will be made F.O.B. Live Stream’s distributor’s warehouse and Live Stream reserves the right to make delivery in installment unless otherwise specified at the time of order. iii. Loss or Damage on Shipments. All risk of loss or damage with respect to products shall pass to Purchaser upon delivery by Live Stream’s distributor to the carrier or Purchaser’s representative at Live Stream’s distributor’s warehouse. Live Stream and distributor shall not be responsible for any loss, damage or pilferage sustained in transit. Claims of such character or claims in respect to shortages or rejection should be made promptly by the Purchaser to the carrier and Live Stream in writing with sufficient detail of a claimed occurrence within 48 hours after delivery. Valuation of shipment will be at carrier’s standard rates unless otherwise specified by the Purchaser at additional cost. iv. Delays. Live Stream and distributor shall not be liable for any shipment delays beyond the reasonable control of Live Stream which affect Live Stream or any of Live Stream’s suppliers including, but not limited to, delays caused by unavailability of or shortage of products from Live Stream’s suppliers, natural disasters, acts of war, acts of omission of Purchaser, fire, strike, riot or government interference, unavailability or shortage of materials, labour, fuel, or power through normal commercial channels at customary and reasonable rates; failure or destruction of plant or equipment arising from any cause whatsoever, or transportation failures. v. Title. Delivery of goods to a carrier shall constitute delivery to the Purchaser and, regardless of freight payment and method, all risk of loss or damage in transit shall pass to the Purchaser at that time. Title to goods shall pass from Live Stream to the Purchaser when Live Stream has been paid in full and purchaser hereby grants to Live Stream a security interest in the goods until payment in full. All goods shall continue to be personally notwithstanding their mode of attachment to realty to other property. If default is made in any of the payments herein Live Stream may retain any partial payments which have been made, as liquidated damages and Live Stream shall be entitled to the immediate possession of the goods and shall be free to enter the premises where the goods may be located, and remove them as Live Stream’s property, without prejudice to Live Stream’s right to recover any further expenses or damages Live Stream may suffer by reason of such non-payment. Exports a) Buyer acknowledges, represents and warrants that it currently complies with, and at all times shall comply with, and shall not act to contravene, relevant laws, codes, and regulations applicable to the purchase and sale of Products under these terms and conditions. Buyer further acknowledges and agrees that the goods, software, and technology subject to these terms and conditions are subject to the export control laws and regulations of the United States, including, but not limited to, the Export Administration Regulations (“EAR”), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. Buyer shall not, without prior U.S. government authorization, export, reexport, or transfer any goods, software, or technology subject to these terms and conditions, either directly or indirectly, to any country subject to a U.S. trade embargo or to any resident or national of any such country, or to any person or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce or the list of “Specifically Designated Nationals and Blocked Persons” maintained by the U.S. Department of Treasury. In addition, any goods, software or technology subject to these terms and conditions may not be exported, re-exported, or transferred to an end-user engaged in activities related to weapons of mass destruction. Such activities include, but are not necessarily limited to, activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons.
b) Buyer recognizes that some Product sales are limited to a specified territory and shall not sell Products outside that territory. Such sales may constitute copyright or trademark infringement. Products purchased by Buyer may also be subject to additional usage restrictions or authorizations imposed by the Product manufacturer or publisher. Buyer is responsible for ensuring compliance with any such restrictions or authorizations.
Terms of Payment i. Terms. All prices quoted and all payments shall be in Canadian dollars unless otherwise specified. All payments are due in accordance with the terms indicated on the Live Stream invoice. In case partial shipments are made at different times, pro-rated payments shall be made. The Purchaser agrees that should any payments not be made when due, then interest on such overdue payments shall be paid by the Purchaser at the rate of one and one half (1.5%) percent per month, eighteen (18%) percent per annum until the price, including service charges, has been fully paid but this shall not be construed as obligating Live Stream to grant any extension of time in the terms of payment. In the event that any cheque is returned NSF or payment stopped, a service charge of $50.00 will be applied to the account. If legal action or any proceeding or demand is brought or made by Live Stream for recovery or possession of Live Stream Products or for the collection of any purchase price or other sums payable to Live Stream all expenses, incurred therein, including all solicitor’s fees in respect thereof on a solicitor and client basis. ii. Credit. Live Stream reserves the right to reject any orders placed by the Purchaser and refuse to ship any accepted orders on hand or request payment any time the Purchaser’s credit standing becomes impaired of unsatisfactory to Live Stream.
Special Conditions i. Order Cancellation. An order may be terminated by the Purchaser only upon reimbursement to Live Stream of expenses already incurred and commitments made by Live Stream with respect to the order. ii. Shortages. Live Stream reserves the right to reject orders placed by the Purchaser or to refuse to ship orders accepted in circumstances of actual or anticipated shortages of any product. Live Stream reserves the right to allocate available products among its customers in such circumstances and in such manner as Live Stream may determine.
General Provisions i. Limitation of Liability. Notwithstanding any other provision herein or any applicable statutory provisions, Live Stream shall not be liable to the purchaser or to any end user for special or consequential damages or damages for loss of use arising directly or indirectly from any breach of contract, fundamental of otherwise including, without limitation, loss of computer time, loss of profit, loss of revenues. Failure to realize expected savings or other commercial or economic losses of any kind and in no event shall the liability of Live Stream exceed the unit price of the defective product or of the product subject to late delivery. ii. Warranty. The products sold by Live Stream are not manufactured by Live Stream. Live Stream will extend to the Purchaser the same warranty protection it receives from the manufacturer. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS EXPRESS IMPLIED OR STATUTORY AND Live Stream EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE, THIS WARRANTY EXCLUDES CERTIFICATION OR THE LIKE FOR EQUIPMENT PERFORMANCE, USE OF DESIGN WITH RESPECT TO ANY EQUIPMENT PERFORMANCE, USE OF DESIGN WITH RESPECT TO ANY STANDARD, REGULATION OR THE LIKE (UNLESS AND TO THE EXTENT THE PURCHASER). Live Stream SPECIFICALLY DOES NOT WARRANT THAT THE PRODUCTS SOLD BY Live Stream WILL MEET ALL OF THE PURCHASER’S AND/OR END USER’S REQUIREMENTS OR WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY THE PURCHASER AND/OR THE END USER OF THAT THE USE OF THE PRODUCTS SOLD BY Live Stream WILL BE ERROR FREE OR FREE FROM DEFECTS. iii. Force Majeure. Live Stream shall not be liable for loss or damages or delay due to causes beyond its control including but not limited to acts of God, acts of the Purchaser, fire, strikes, lockouts or other labour disruptions, flood, epidemics, civil or military restrictions, embargoes, car shortages, wrecks, delays in transportation or inability to obtain necessary labour. In the event of any such delay the delivery shall be extended for a period of time equal to the time lost by reason of the delay. iv. Severability. Invalidity of any provision of this agreement shall not affect the validity of any other provision hereof and any such invalid provision shall be severed herefrom. v. Non-waiver. No failure by Live Stream to exercise any right accruing to it under any contract of sales entered into with the Purchase shall operate as a waiver thereof nor preclude the exercise of any other right or privilege by Live Stream. vi. Entire Agreement. There are no other terms of conditions applicable to the purchase and sale of Live Stream products other than those contained in the Sales Policy. vii. Governing Law. All contracts for the sale of Live Stream products shall be governed and construed according to the laws of the Province of Ontario and the parties irrevocably attorn to the jurisdiction of the courts of Ontario. viii. Notice. Any notice required or contemplated hereunder shall be in writing and shall be delivered personally or sent by facsimile or other form of telecommunication or by prepaid mail. Any notice sent by facsimile or other form of telecommunication shall be deemed to have been received when transmitted and any notice sent by mail shall be deemed to have been received on the third business day following mailing.
Returns Live Stream may accept returned merchandise in accordance with the policies and procedures set out on the Live Stream Web site only when approved in advance and when bearing a Returned Merchandise Authorization (RMA) number. The RMA number is obtained from Live Stream at the time of approval of the return. Such returns must be shipped transportation prepaid. Returned merchandise must be currently listed in original, sealed, factory cartons unless otherwise agreed to prior to return by Live Stream. Credit will be issued at current replacement price or purchased price at Live Stream’s option and may be subject to a restocking charge. Return of Products purchased hereunder, whether for stock balancing purposes or because such Products are claimed to be defective, shall be governed by Live Stream’s Product Return policies as set forth in Live Stream’s Web site thereto in effect on the date of the invoice, or as otherwise provided by Live Stream to Buyer in writing. Live Stream reserves the right to modify or eliminate such policies at any time. Although Live Stream’s policies may permit Buyer to return Products claimed to be defective under certain circumstances, Live Stream makes no representations or warranties of any kind with respect to the Products. Live Stream HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Live Stream WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE FOR BREACH OF WARRANTY. THE RIGHT TO RETURN DEFECTIVE PRODUCTS, AS PREVIOUSLY DESCRIBED, SHALL CONSTITUTE Live Stream’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDY IN CONNECTION WITH ANY CLAIM OF ANY KIND RELATING TO THE QUALITY, CONDITION OR PERFORMANCE OF ANY PRODUCT, WHETHER SUCH CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. In the event Live Stream issues a return authorization to Buyer allowing Buyer to return Product to Live Stream, Buyer will deliver the Product to Live Stream’s address in Canada, if so required by Live Stream, and Buyer shall bear all applicable federal, provincial, municipal and other government taxes (such as sales, use and similar taxes) as well as import or customs duties, license fees and similar charges, however designated or levied on any replacement Product to be shipped by Live Stream to Buyer.
LIMITATION OF LIABILITY Live Stream SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR FOR ANY REASON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT TO SELL PRODUCT TO BUYER OR THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR FOR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF Live Stream HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
General These terms and conditions shall constitute the final, complete and exclusive agreement of the parties with respect to all sales by Live Stream to Buyer and shall supersede all prior offers, negotiations, understanding and agreements. Unless Buyer and Live Stream have executed a master contract which specifically supersedes and replaces the terms and conditions herein, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain the terms and conditions contained herein. No additional or different terms or conditions, whether material or immaterial, shall become a part of any sales agreement unless expressly accepted in writing by an authorized officer of Live Stream. Any waiver by Live Stream of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults hereunder. No failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. Any provision of these terms and conditions that is prohibited or unenforceable under the laws of the Province of Ontario shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidating the remaining provisions of these terms and conditions. All sales agreements shall be deemed made in, and shall be governed by, the laws of the Province of Ontario. The venue for any disputes arising out of any sales agreement shall be, at Live Stream’s sole and exclusive option, Toronto, Ontario. For Buyers situated in Alberta, to the extent permitted by law, Buyer hereby waives its rights, benefits or protection given to Buyer in the Judicature Act and the Seizures Act (Alberta). For Buyers situated in Saskatchewan, Buyer agrees that the Limitation of Civil Rights Act shall have no application to these terms and conditions of sale. These terms and conditions of sale shall ensure to the benefit of and shall be binding upon Live Stream, the Buyer and their respective successors and assigns. Live Stream shall not be liable for loss or damages or delay due to causes beyond its control including but not limited to acts of God, acts of the Buyer, fire, strikes, lock outs or other labour disruptions, flood, epidemics, civil or military restrictions, embargoes, car shortages, wrecks, delays in transportation or inability to obtain necessary labour. In the event of any such delay, the delivery shall be extended for a period equal to the time lost by reason of the delay. Any notice required or contemplated hereunder shall be in writing and shall be delivered personally or sent by facsimile or other form of telecommunication or by prepaid registered mail. Any notice by personal delivery or facsimile or other form of telecommunication shall be deemed to have been received when delivered or transmitted receipt confirmed) and any notice sent by registered mail shall be deemed to have been received on the second business day following mailing.
General Return Guidelines
All product returns require pre-authorization and a RMA number to be received and processed by Tech Data.
Ways you can obtain your RMA number:
Please contact your sales team for an RMA request
Call us at 647-727-0900
Fax your RMA request to 416-739-1732
When Requesting a RMA:
The following information will be required to obtain a return authorization:
Invoice or Sales Order #
Specific details of the Problem
What happens when a return doesn’t qualify:
Live Stream Security Corp. reserves the right to return products to you that do not comply with the original RMA details
For refused shipments and unauthorized returns outside of Live Stream Security Corp.’s policies, we will deduct a $30 fee (per RA line) from the credit value
We reserve the right to debit a fee of $75 to your account for any unauthorized use of Live Stream Security Corp.’s freight accounts
RMA Shipping Instructions
It is your responsibility to arrange for delivery and prepay the freight unless After Sales Management has authorized the use of Live Stream Security Corp.’s freight account.
What to Include:
Use original manufacturer’s boxes and packaging
All returns must be complete including accessories, cables, manuals, software
All returns must have an RMA number printed on the shipping label
Please do not write on the box
Return product promptly – Return Authorizations are valid for 15 days only
Returns must be shipped freight prepaid and insured
Returns not meeting the above conditions will be refused and returned to the customer
For laser printers, the toner & drums must be removed and packed as per the instructions in the user manual
Returns can be sent to the following address:
Live Stream Security Corp.
8-800 Petrolia Road
DOA / Defective Returns
For most vendors, the standard DOA/Defective return window is 30 days from Live Stream Security Corp.’s invoice date, however many vendors have exceptions either by specific product type or for their entire product line. Please review the Manufacturer Return policies at prior to requesting your RMA.
Manufacturer policies are subject to change without notice.
Live Stream Security Corp. will make every reasonable effort to exchange DOA and defective products. All original packaging, components, accessories, software and manuals must be included with returned DOA and defective products. DOA and defective products returned incomplete may be assessed a charge for the missing items or returned to you at your expense.
All computer systems returned as DOA or defective will be tested; other products returned as DOA or defective may be tested. Products found not to be DOA or defective will be subject to return to the customer at the customer’s expense.
Open Box Returns
Live Stream Security Corp. will only facilitate returns for those vendors that have an open box policy. Goods must be returned in the original box. Please review the Manufacturer Return policies prior to requesting your RMA.
ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Product and manufacturer names are manufacturer and publisher trademarks, registered trademarks and copyrights, and are used only for purposes of identification.
LIVE STREAM SECURITY CORP.
8-800 PETROLIA RD
Toronto, ON, CA
UPDATED: April 11, 2017