Common use of Return Goods Clause in Contracts

Return Goods. Any goods being returned to Miles Industries need a Returned Goods Authorization (RGA) number. Restocking charges may apply. Our retail prices are typically adjusted annually and we update our Manufacturers Suggested Retail Prices (MSRP) list regularly as our product line grows and changes. Miles Industries does reserve the right to change prices at any time. Model numbers may change to reflect, please consult the most recent price list which is located in the secure dealer section of our website at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ We publish quantity discount schedules for dealers and offer a variety of programs and opportunities for dealers to lock-in a year round discount with off season buying opportunities. Your discount level applied against the current retail price will determine dealer cost. Your local sales representative can explain all the programs and they are also listed in the dealer section of the website. Manu- facturer suggested retail prices are only a suggested retail price. Dealers may sell for more or less than the MSRP at their discretion. Terms and Conditions shall be governed by the laws of British Columbia and all parties agree to submit to the jurisdiction of Canadian Courts. Our legal name is Miles Industries Ltd. and we are a British Columbia company in Canada. These Terms of Use (along with our Privacy Policy) act as the contract between you as dealer (“Dealer”) and us, and when you use this Site, you are agreeing to these Terms of Use (which should be considered part of this document). So, you should definitely read this thoroughly, and if there is something in these Terms that you don’t agree with, you should not use the Site. For the purposes of these Terms of Use, the term “Site” includes, without limitation the “ValorParts” portal portion of the Site. Subject to the conditions of these Terms, we grant you a revocable, limited, non-transferable and non-exclusive license to access and use the Site by displaying it on your computer only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. All content of this service and of the Site including, but not limited to, text, graphics, images, video, software, computer code, product designs and production methods and trademarks belong exclusively to Miles Industries and are protected by Canadian, US and international copyright laws. Valor Fireplaces, ValorParts, HeatShift System, AutoFire, Portrait, Retrofire, Fenderfire, Ventana, Windsor Arch, The Original Radiant Gas Fireplace, The Science of Warmth, Perfecting Warmth Since 1890, Heatshift and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks (together, the “Marks”) of Miles Industries Ltd. The use of any of our Marks without our express writ- ten consent is strictly prohibited. The use of the Site does not waive our trademark rights. You may not use our Marks in connection with any product or service that is likely to cause confusion. You may not use our Marks in any manner that disparages or discredits Miles Industries Ltd. You may not use our Marks in meta tags without prior written consent. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassem- ble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Miles Industries Ltd. in writing. You shall not make commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Miles Industries Ltd. in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders, in- cluding, without limitation, cases in which we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (i) violates or in- fringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. While we really like the way things are working right now, it is inevitable that we will change some things over time as we learn more about you and how we can best serve you. We reserve the right to change or remove any service, content, products or functionality at any time, without any kind of liability. Of course feel free to tell us when you don’t like a change because we like to hear when something we do bothers you. Along the same lines, we also may modify these Terms at any time. If we do, we will post the new version right here, so it is important that you check back on a regular basis to see whether we’ve made any changes, as you will be agreeing the new Terms by using the Web Site after they have been posted. These Terms were last modified on September 18th, 2019.Limitation of Liability As our lawyers like to say: You agree that your use of the site shall be at your sole risk, and that the site and all content included therein, and products purchased thereby, are provided to you “as is.” To the fullest extent or implied, in connection with the site, your use thereof and the products purchased thereby. Miles Industries Ltd. makes no warranties or representations about the accuracy or completeness of the site’s content or any content accessible via the site or products purchased thereby and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the site or products purchased thereby, any unauthorized access to or use of Miles Industries Ltd. secure servers and/or any and all information stored therein, any interrup- tion or cessation of transmission to or from the site, and/or any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the site by any third party. In no event shall Miles Industries Ltd. be liable under contract, tort, strict liability, negligence or other legal theory for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising) or for any direct damages in excess of (in the aggregate) $100. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.