These Terms and Conditions govern your purchase of any product offered by SWAV(SoundWorks) on www.sw-av.com. Please read these Terms of Sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. By placing an order, you acknowledge you have read, accepted and agreed to be bound by these Terms of Sale, without limitation or qualifications. These Terms of Sale are subject to modification at any time without prior written notice and in the sole discretion of SWAV.
SWAV may discontinue any product at any time without notice. The product prices displayed on sw-av.com are UNIT Price and do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. All prices displayed are Unit Prices.
Our goal is a 100% error-free Web site. If product price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply. We will notify you if your order includes items that were incorrectly priced.
Orders are not binding upon SWAV until accepted. SWAV reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Payment can be made via Visa, MasterCard, American Express and Paypal. Your credit card will be charged when your order is placed.
You are responsible for the payment of any province and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling, if required by law. By law, SWAV must collect sales tax for orders delivered to Canadian Address.
Province & Territory
Limitation of Liability
To the maximum extent allowed by law, SWAV shall not be liable for any special, consequential, exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same), arising from any claim relating to these terms of conditions, this web site, the catalog, product(s) or order(s), whether such claim is based on warranty, contract, tort (including negligence or strict liability) or otherwise. In no event will the collective liability of SWAV exceed the amount you have paid to the company for the applicable order or product out of which liability arose. These limitations shall apply notwithstanding any failure of essential purpose of any remedy. Some provinces and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
If any provision of these Terms and Conditions are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, applicable to contracts made, and to be enforced wholly within the Province of Ontario.
Any dispute or disagreement arising out of these Terms and Conditions, or breach thereof, shall be settled by arbitration administered by the Ontario Courts under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Toronto, Ontario.
Jurisdiction and Venue
You and SWAV (collectively the "Parties" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Conditions must be brought solely and exclusively Ontario Courts located in the City of Mississauga, Ontario, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
Waivers and Amendments
The waiver by either Party of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions on any other occasion or upon any other circumstances. These Terms and Conditions may be waived or amended only in a writing signed by the Parties.