1.   Price -  All prices are subject to change without notice. All prices are tax extra – GST, HST and Provincial Tax are not included. Prices are FOB the warehouse location of Riptide Fulfillment Corporation (“Riptide”) unless otherwise quoted in writing. Delivery charges will apply to all delivered orders. Incorrect prices in the price catalogue due to calculation or human error will not be honoured and will be corrected at the earliest possible date.

2.   Terms of Sale - Net 30 days unless otherwise stated. Accounts past due will be suspended. A service charge of 2% per month (24% per annum) will be applied to all overdue accounts. Shipments and deliveries are always subject to Riptide’s acceptance and credit approval. Title to the goods does not pass until invoice is paid in full. You, the customer (“Customer”), agree to pay Riptide all costs, charges, and expenses (including, without limitation, legal fees and expenses on a solicitor-client basis) incurred by or on behalf of Riptide in collection of outstanding amounts and/or enforcement of any of Riptide’s rights. All deposits and down payments are non-refundable.

3.   Special Orders – Orders for special, custom, or non-stock goods may require a deposit and cannot be cancelled or refunded in any instance.

4.   Returns & Restocking

• Special, Custom, or Non-Stock Goods: Non-refundable and non-returnable under any circumstances.
• Stock Goods: Eligible for returns within 60 days of original shipment date. A minimum 25% restocking fee applies. All returned goods must be unused, in original packaging, and in resalable condition. All returns must be initiated in writing, approved by Riptide Customer Service. An RMA must be obtained prior to return. Returns must include invoice number, reason for return, and the RMA number on all applicable packages. Customer is responsible for all return shipping costs unless the return is due to Riptide’s error or a defect. Return approval may be conditional upon inspection of returned items; final credit or refund issuance is at the sole discretion of Riptide management. Approved returns are eligible for return to Riptide only; Riptide does not manage returns or product warranty claims to the manufacturer by or on behalf of customers or end users.
• Alternates: In the event that Riptide suggests or recommends an alternate product, Riptide shall in no way be liable or responsible for mismatches or failures of any such alternate products, including suitability, compatibility, and fitness for purpose. Customer is responsible to ensure suitability, compatibility and fitness for purpose of all purchased goods, including for end user requirements. Returns or refunds are not accepted for such alternate products.

5.   Claims -  Any damage claims must be made directly to the transportation company; Riptide is not responsible for shipping related damages. Shortage claims must be made within 7 days of receipt of shipment. Notification of any invoice errors must be made within 30 days of date of invoice.

6.   Availability - Contact Riptide Customer Service for product availability and price confirmation.

7.   Warranty Disclaimer and Limitation of Liability - Riptide warrants title to the goods sold. Applicable goods carry manufacturer warranties, which Riptide assigns to customer as permitted by law. Except as specifically set out herein, Riptide does not make any guarantees, representations or warranties of any kind or nature, whether expressed or implied, by statute or otherwise, and specifically disclaims any implied guarantees, representations and warranties, whether of merchantability, suitability, fitness for a particular purpose (even if Riptide has been advised of such purpose) or otherwise. In no event will Riptide be responsible or liable for any indirect, special, consequential, or punitive damages or any other costs or expenses resulting from the use of or inability to use any of the goods. Notwithstanding the foregoing, in no event shall Riptide’s liability exceed the amount of the price paid by Customer for the goods.

8.   Indemnification - Customer shall indemnify, defend, and hold harmless the Riptide Fulfillment Corporation, its affiliates, officers, directors, employees, and agents from and against all claims, demands, actions, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to any third party claim, including all claims related to any consumer protection laws. This indemnity shall survive the termination or expiry of this Agreement.

9.   Governing Law - These terms and conditions are made under and shall be governed by and interpreted in accordance with the laws of the province of Ontario (without regard to conflict of law provisions) and the laws of Canada applicable therein. Any disputes must be resolved in the courts of the province of Ontario. The United Nations Convention on Contracts for the International Sales of Goods shall not apply.

10.   Confidentiality & Resale Policies - The pricing and terms herein are confidential and intended for Customer’s use in the resale of products to Customer’s customers only. Any Riptide marketing materials, branding, or other intellectual property used must be approved in writing by Riptide prior to any use.

11.   Terms and Conditions Supersede All Others - The terms and conditions herein, as supplemented by any additional terms communicated to you in writing at or before the time of purchase or displayed on your shipping documents, and on any Credit Application signed by you, shall govern this transaction and shall supersede any purchase order submitted by you. The terms and conditions of any purchase order submitted by you are null and void and of no legal effect, other than with respect to the identity of and quantity of the goods being purchased.