Terms of service
Terms of Service
These Terms of Service (the Terms) govern access to the CNTautomation website and all quotes, orders, purchases, rentals, and related transactions with CNTautomation Inc. (CNTautomation, we, us, or our).
By using this website, requesting a quote, placing an order, purchasing a product, or renting equipment from us, you agree to these Terms. If you do not agree, do not use the website or complete a transaction with us.
Nothing in these Terms limits any non-waivable rights or remedies available under applicable law.
1. Business information
CNTautomation Inc.
178 Foundry Street
Baden, Ontario N3A 2P7
Canada
Email: sales@cntautomation.com
Phone: +1 519-535-8166
2. Scope
These Terms apply to:
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use of our website;
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purchases made through our website or through a marketplace where these Terms are incorporated;
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purchases arranged by quote, phone, email, invoice, or purchase order;
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rentals arranged through our website, email, invoice, or rental agreement; and
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related services provided by CNTautomation.
If a quote, invoice, purchase order accepted by us, rental agreement, or other written agreement contains terms that conflict with these Terms, the transaction-specific written agreement will govern to the extent of the conflict.
3. Website use
You may use this website only for lawful purposes. You may not:
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violate applicable law;
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interfere with the operation or security of the website;
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attempt to gain unauthorized access to our systems;
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use bots, scrapers, crawlers, or similar tools to extract content, pricing, listings, or data without our written permission; or
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copy, reproduce, distribute, or commercially exploit website content without our written permission.
We may restrict or terminate access to the website for misuse or breach of these Terms.
4. Product listings condition and included items
We make reasonable efforts to provide accurate descriptions, photographs, and specifications. Most equipment we sell is used and may show cosmetic wear consistent with its age and prior use.
Unless the listing, quote, or invoice expressly states otherwise:
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the customer will receive the specific product shown in the photographs;
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only the items shown or specifically listed are included; and
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accessories, probes, leads, chargers, modules, batteries, software, licences, calibration certificates, manuals, cases, and original packaging are not included unless shown or specifically stated.
Product photographs form part of the product description. Customers must review the complete listing and photographs before purchasing.
Products are not sold on an “as is” basis unless expressly identified as such in writing. Products are subject to the return and warranty provisions below.
5. Testing calibration and compatibility
We inspect and test products for reasonable basic functionality using the configuration, functions, and accessories available to us at the time. This testing is not a calibration, certification, or verification of every manufacturer specification unless expressly stated in writing.
Unless expressly stated otherwise:
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current calibration is not included;
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prior calibration and service history may be unknown;
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batteries are tested only for basic operation and battery runtime or remaining service life is not guaranteed; and
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compatibility with third-party accessories, software, networks, systems, or customer-specific applications is not guaranteed.
Customers must tell us before purchase if current calibration, a particular certificate, software licence, accessory, option, standard, or application-specific capability is required. Any recommendation we provide is based on the information supplied by the customer and does not replace the customer’s own technical assessment.
6. Quotes orders and acceptance
Quotes are subject to prior sale, availability, and final acceptance by CNTautomation. Unless a quote states otherwise, it may be withdrawn or revised before acceptance.
We may refuse or cancel an order, limit quantities, correct an error, request identity or payment verification, or cancel a transaction because of product availability, suspected fraud, export restrictions, sanctions, legal compliance, or end-use concerns.
An order becomes binding only when accepted by CNTautomation. If we cancel an order after receiving payment, we will refund the amount paid for the cancelled portion.
7. Pricing
Prices are stated in the currency shown on the website, quote, or invoice. Unless expressly stated otherwise, prices exclude taxes, shipping, insurance, duties, brokerage, customs charges, and other import or export costs.
Prices may change without notice before an order is accepted. Pricing may differ between our website, third-party marketplaces, and custom quotations.
If a material pricing, description, photograph, or specification error occurs, we may correct it or cancel the affected order and refund the payment received.
8. Payment terms
Full cleared payment is required before shipment unless we approve different terms in writing. Approved credit terms apply only to the customer and transaction for which they were granted.
For overdue amounts, to the extent permitted by law, we may suspend orders or shipments, revoke credit terms, charge any interest or late fee disclosed in the applicable quote or invoice, and recover reasonable collection costs.
Customers may not withhold, set off, or deduct an amount owing without our written agreement, except where permitted by law.
9. Taxes duties and import requirements
Unless otherwise agreed in writing, the customer is responsible for all applicable sales taxes, GST, HST, PST, QST, VAT, customs duties, brokerage fees, import or export charges, and other government-imposed amounts relating to the transaction.
For international shipments, the customer is the importer of record unless otherwise agreed in writing and is responsible for destination-country import rules, permits, licences, taxes, duties, and customs clearance. A delay or refusal by customs does not cancel the customer’s payment obligations.
10. Shipping delivery inspection and transit claims
Shipping and delivery dates are estimates unless we expressly guarantee a date in writing. We are not responsible for delays caused by carriers, customs, weather, labour disruptions, or other events beyond our reasonable control.
Shipping charges are additional unless stated otherwise. We may make partial shipments where reasonable.
Risk of loss and responsibility for transit damage will be determined by the shipping terms stated in the applicable quote or invoice and, where applicable, the agreed Incoterm. If no shipping term is stated, the customer must contact us before ordering if a specific allocation of transit risk is required.
The customer must inspect the shipment promptly after delivery. Visible shipping damage, missing packages, or an incorrect item must be reported to us within five business days of delivery, with photographs of the product, packaging, and shipping label. The customer must retain all packaging and reasonably cooperate with any carrier claim. This notice period does not limit rights that cannot legally be limited.
11. Returns and 30 day money back guarantee
We offer a 30-day return period on eligible products, subject to this section. A return request must be submitted within 30 calendar days after delivery. No return may be sent without prior written return authorization from CNTautomation.
We may request photographs, test results, error details, serial-number verification, and the reason for return before issuing authorization.
Return eligibility
To qualify for a return:
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the returned product must be the product we supplied and must match its serial number or identifying marks;
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it must be returned in the same condition in which it was delivered, except for a defect covered by our warranty;
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it must not have been damaged through misuse, improper installation, improper power, negligence, abuse, unsuitable storage, unauthorized modification, or unauthorized repair; and
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all items, accessories, documentation, and packaging included in the sale must be returned.
10 percent restocking fee
A restocking fee equal to 10% of the product purchase price will apply when an otherwise eligible product is returned because the customer changed their mind, ordered the wrong product, no longer requires it, or did not confirm compatibility or application requirements before purchase.
The restocking fee will not apply when:
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the product had a defect covered by our warranty and CNTautomation approves a refund;
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the product was materially different from its listing, quote, or invoice;
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CNTautomation shipped the wrong product; or
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the product was damaged in transit and responsibility for the damage rests with CNTautomation or the applicable shipping arrangement.
No restocking fee or other term in these Terms will be applied where prohibited by law.
Return shipping and refund amount
For a discretionary return, the customer is responsible for return shipping, insurance, duties, brokerage, and related charges. Original shipping and handling charges are non-refundable.
If the return results from our error or from an approved warranty claim for which we elect to provide a refund, CNTautomation will pay or reimburse reasonable return shipping using a method approved by us. Do not purchase return shipping without our approval if reimbursement is requested.
Returned products must be adequately packaged and, where reasonably required, shipped with tracking and insurance. The customer is responsible for loss or damage during return transit unless CNTautomation supplied the return label or applicable law requires otherwise.
After receiving and inspecting an approved return, we will refund the eligible amount to the original payment method where reasonably possible. We may deduct the 10% restocking fee, non-refundable charges, and the reasonable value of missing items or damage beyond ordinary inspection, except where the deduction is prohibited by law. Processing times charged by banks or payment providers are outside our control.
Products and charges not eligible for discretionary return
Unless we agree otherwise in writing, discretionary returns are not available for:
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products identified as final sale, for parts, repair required, or as is;
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special-order, sourced-to-order, or materially customized products;
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separately supplied software, licence keys, subscriptions, or digital products once issued or activated;
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calibration, certification, inspection, shipping, or other services already performed;
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consumables or single-use items that have been opened or used; or
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rental charges.
These exclusions do not remove any applicable warranty rights or rights that cannot be waived by law.
12. 60 day limited warranty
Unless otherwise stated in writing, products sold by CNTautomation include a 60-day limited warranty beginning on the delivery date.
The warranty covers a functional defect arising during normal and proper use. It does not cover:
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misuse, abuse, accidental damage, neglect, improper installation, improper power, contamination, or unsuitable storage;
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unauthorized modification, disassembly, or repair;
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consumables, normal cosmetic wear, or ordinary deterioration;
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batteries or battery capacity unless specifically warranted in writing;
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calibration drift, calibration status, or calibration certification;
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software, licence, subscription, password, account, or transferability issues unless specifically included in writing; or
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incompatibility with a customer-specific accessory, system, application, or use that we did not confirm in writing.
The customer must stop using the product if continued use could cause damage or create a safety risk and must reasonably cooperate with our troubleshooting and claim assessment.
For an approved warranty claim, CNTautomation may, at its option and subject to applicable law:
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repair the product;
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replace it with the same or a substantially similar product;
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provide a partial refund agreed with the customer; or
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provide a full refund of the product purchase price.
The 10% restocking fee does not apply to an approved warranty return. This limited warranty is the customer’s exclusive contractual remedy, without limiting any remedy that cannot be excluded by law.
13. Customer responsibilities and safe use
The customer is responsible for:
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reviewing the complete description and photographs;
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confirming the model, configuration, options, specifications, and included accessories;
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determining whether calibration, certification, training, software, licences, probes, accessories, or permits are required;
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ensuring that the product is suitable for the intended application and operating environment; and
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having qualified personnel install, inspect, operate, maintain, and use the product in accordance with applicable manuals, laws, standards, and safety procedures.
CNTautomation is not responsible for an unstated application requirement or for use outside the product’s intended purpose or rated limits.
14. Rentals
Each rental may also be governed by a quote, booking confirmation, or separate rental agreement. The transaction-specific rental agreement will govern in the event of conflict.
Depending on the rental agreement, terms may include:
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payment of the agreed rental rate and applicable tax;
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application of 80% of eligible rental payments toward a purchase if a purchase option is offered and exercised in accordance with the agreement;
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retention of rental payments as rental fees if the equipment is not purchased;
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restrictions on assignment, transfer, sublease, pledge, or relocation;
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termination on 15 days’ written notice, where stated in the agreement;
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return of the equipment on time and in the condition received, ordinary wear and tear excepted;
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customer responsibility for loss, theft, damage, cleaning, and repair during the rental term;
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insurance of the equipment for its full replacement value where required;
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recurring payment obligations; and
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our right, following default and subject to applicable law, to terminate the rental, recover the equipment, and retain amounts properly earned or owing.
Rental charges are not product purchase payments and are non-refundable once the applicable rental period has begun, except as stated in the rental agreement or required by law. A purchase credit is available only if expressly offered in the applicable rental agreement.
15. Ownership and restrictions on rental equipment
Rental equipment remains the property of CNTautomation or the identified owner. The customer may not sell, assign, sublease, pledge, encumber, transfer, alter, or relocate rental equipment outside the authorized area without prior written consent. The customer must not remove or obscure serial numbers, ownership labels, or tracking devices.
16. Export sanctions and end use compliance
The customer must comply with all applicable Canadian, United States, and international export-control, sanctions, trade, anti-bribery, and re-export laws. The customer must not sell, export, re-export, transfer, or use a product or rental equipment in a prohibited country, for a prohibited end use, or for the benefit of a prohibited person.
We may request end-user, end-use, destination, ownership, or compliance information and may refuse or cancel a transaction where a compliance concern exists.
17. Intellectual property
Website content, including text, photographs, logos, graphics, page layouts, and branding, is owned by CNTautomation or its licensors and is protected by applicable law. It may not be copied, reproduced, distributed, or commercially used without prior written permission, except as permitted by law.
The sale or rental of equipment does not transfer intellectual-property rights in any manufacturer software, firmware, documentation, or branding.
18. Third party information and services
Manufacturer specifications, brochures, manuals, compatibility information, and other third-party materials may be provided for convenience. We do not control and cannot guarantee the continued accuracy or completeness of third-party information. Customers must independently verify any specification critical to their application.
Carriers, payment processors, marketplaces, software providers, calibration laboratories, and other third parties may impose their own terms. CNTautomation is not responsible for their acts or omissions except to the extent required by law.
19. Disclaimer and limitation of liability
To the fullest extent permitted by law, CNTautomation is not liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profit, revenue, production, business opportunity, data, use, downtime, or the cost of substitute equipment, arising from the website, a product, a rental, or a related transaction.
To the fullest extent permitted by law, CNTautomation’s total aggregate liability relating to a product, order, rental, or related service will not exceed the amount paid to CNTautomation for the specific product, rental period, or service giving rise to the claim.
These limitations do not apply to liability that cannot legally be excluded or limited.
20. Indemnity
To the fullest extent permitted by law, the customer will indemnify and hold harmless CNTautomation and its directors, officers, employees, agents, and affiliates from third-party claims, losses, liabilities, damages, and reasonable expenses arising from the customer’s:
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breach of these Terms;
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unlawful or unauthorized use of the website;
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negligent, unlawful, or unauthorized installation, operation, rental, resale, transfer, or export of a product; or
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infringement of another person’s rights.
This section does not require a consumer to indemnify CNTautomation for CNTautomation’s own negligence or breach of law.
21. Events beyond reasonable control
CNTautomation is not responsible for a delay or failure caused by circumstances beyond its reasonable control, including carrier interruption, customs delay, labour disruption, fire, flood, severe weather, epidemic, cyberattack, government action, embargo, supply shortage, or failure of utilities or communications systems. This section does not excuse payment obligations for products or services already supplied.
22. Governing law and disputes
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules.
Subject to any mandatory consumer-protection right to bring a proceeding elsewhere, the courts located in Ontario will have exclusive jurisdiction over disputes arising from these Terms or a transaction with CNTautomation.
23. Changes to these Terms
We may revise these Terms by posting an updated version on our website. The Terms in effect when we accept an order or rental will govern that transaction unless the parties agree otherwise or applicable law requires otherwise. Changes will not retroactively alter an accepted transaction without the customer’s agreement.
24. Severability and waiver
If any provision is found invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue in effect.
Our failure or delay in enforcing a provision is not a waiver of that provision or of our right to enforce it later.
25. Assignment
The customer may not assign a transaction or rights under these Terms without our prior written consent. CNTautomation may assign its rights and obligations as part of a corporate reorganization, financing, or sale of all or substantially all of the relevant business or assets, subject to applicable law.
26. Entire agreement
These Terms, together with the applicable listing, quote, accepted purchase order, invoice, warranty statement, return policy, rental agreement, and other written transaction terms, form the entire agreement between the customer and CNTautomation regarding the transaction. They replace prior discussions or representations about the same subject, except in the case of fraud or where applicable law provides otherwise.
27. Electronic communications
The customer agrees that transaction records, notices, approvals, and agreements may be provided electronically. Electronic acceptance and signatures have the same effect as paper acceptance and signatures to the extent permitted by law.
28. Contact
Questions, return requests, and warranty claims should be directed to:
CNTautomation Inc.
178 Foundry Street
Baden, Ontario N3A 2P7
Canada
Email: sales@cntautomation.com
Phone: +1 519-535-8166
