SMART TERMS AND CONDITIONS FOR ON-LINE SALES
THESE TERMS AND CONDITIONS (“Terms”) govern the sale of SMART Products (“Products”) sold On-line by SMART Technologies ULC (“SMART”). By placing an order for a SMART Product On-line Customer (“Customer”) agree to be bound by these Terms.
- On-line Orders. Customer may place orders (“Orders”) at the SMART On-Line Portal
- Price & Taxes. By placing an Order,Customer agrees to pay the purchase price set forth on the SMART website. Any taxes, duties of other governmental fees are in addition to the Product purchase price listed on the website.
- Payment. Payment must be made by the Customer in the manner set forth on the website at the time the Order is placed. Shipment of Product is contingent upon successful payment by in the manner designated on the website. SMART retains a security interest in products sold until full payment is received.
- Delivery. Products will be delivered in the manner set forth on the website at the time of order. Delivery times are estimated but not guaranteed. If the designated delivery site is invalid SMART reserves the right to charge a reshipping or restocking fee.
- Title & Risk Of Loss. Title and Risk of Loss will pass to Customer upon delivery to the Customer designated delivery site set forth in the Order.
- Installation. Product Installation is the responsibility of the Customer.
- Software. Software installed upon or provided with a Product is subject to the applicable SMART End User License Agreement or Terms and Conditions which are provided at the time of software download or install. Customer acknowledges that full Product functionality is contingent on Customer’s download and use of applicable SMART software on a compatible hardware platform as set out in the specifications for the Product.
- Intellectual Property Rights. No transfer of ownership of any intellectual property will occur under this Agreement.
- General. This Agreement and any applicable SMART Limited Warranty Terms represents our entire agreement with respect to the On-line purchase of SMART Products and supersedes any previous communication or agreements that may exist. Modifications to the Agreement will be made only through a written amendment signed by both parties. The Agreement is governed by the laws of the State of Delaware excluding any conflict of laws provisions thereof. Customer and SMART agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
3636 Research Road NW
Calgary, AB T2L 1Y1