Terms Of Service
Last Modified: December 22, 2021
Evivid Holdings Inc. operating as Skid Steers Direct is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). In consideration for permitting your access to our website and online store (“Website”) and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Evivid Holdings Inc.'s, ("we", "us" or "our") Website hosted at https://skidsteersdirect.com and other domains and sub-domains.
By using our Website, you, the user ("you" or "your"), represent and warrant that (a) you are of the age of majority; and (b) you have read and understand these Terms and agree to be bound by them.
If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with Evivid Holdings Inc.
Establishing an Account
You may browse the public facing sections of our Website without establishing an account or providing us with any personal information. You may also purchase products from us without an account by proceeding to the online checkout as a guest user.
We may also permit you to establish an account on the Website, which makes the checkout process easier and allows you to store and save products you may wish to later purchase, receive offers and obtain other benefits. Upon establishing a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Website and your account in accordance with these Terms but reserve the right to revoke said license and your access to our Website.
Account Not Transferable, Updating Your Account & Security
If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether you authorized that activity or not.
Where prices are listed on the Website, they are subject to change without notice. Such prices listed are an invitation to make an offer and are subject to acceptance by us. Even in the event of the automated processing of your order on the Website, you agree that we will have the opportunity to review and accept such orders. All orders are also subject to availability. You agree and acknowledge that we may forward your order details to our suppliers who may ship your order directly to you.
Additional terms, including but not limited to, price, tax, shipping fees, duties, import and export fees, account access and payment may be specified on the Website or communicated to you. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement. If any information or terms posted to the Website concerning price, tax, import or export fees, duty, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms. Misprints, errors, omissions (including incorrect specifications) or other errors may sometimes occur. As a result, we reserve the right to:
- Remove any product from the Website;
- Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
- Change, at any time, the prices, fees, taxes, shipping costs, import and export fees, duties, charges and specifications, any promotional offers and any other content without any notice or liability to you or any other person; and
- Reject, correct, cancel or terminate any order, including accepted orders for any reason.
We offer returns and exchanges in limited circumstances as follows:
- In order to submit a return, you must contact us by email at email@example.com for us to confirm the items ordered are eligible for return or exchange;
- To be eligible for a return, you must commence the return process within 30 days of your item being delivered to you and:
- it must be unused, for example,once an item is hooked up to an attachment plate, hydraulic lines or electrical connection, it will not be eligible for return. Likewise, if your item shows any sign of use, which we may determine in our sole and absolute discretion, we will not accept the return;
- it must be in the same condition you received it in.You will be required to send us timestamped photos of the condition of your items as a condition to determine your eligibility for the return or exchange; and
- it must be returned in the same packaging or containers as it was received in.
We do not accept returns for products that were listed as final sale items at the time of purchase.
Nor do we acceptreturns or exchanges for Berlon branded products.
You agree to pay a 25% restocking fee on all returns, which we will deduct from any refund owing to you.
After the above referenced 30-day period, unfortunately we cannot offer you a refund or exchange, under any circumstances.
If your return or exchange is approved, we will provide instructions on shipping your items back to us or the applicable supplier via email.
You agree that you shall be responsible for all return shipping costs and related expenses.
You are also responsible for ensuring the items are carefully packaged for shipment and that risk of loss or damage during return shipping shall be your sole liability. You may wish to obtain insurance while the returned items are in transit.
If you accidentally order an attachment that is not compatible with the host machine, an exchange can be arranged. Exchanges must be made within 30 days of your original items being delivered to you.
The exchanged item must be unused, which we may determine in our sole and absolute discretion. For example,once an item is hooked up to an attachment plate, hydraulic lines or electrical connection, it will not be eligible for exchange.
You agree that you shall be responsible for return shipping cost, as well as the shipping and related costs (such as duties, taxes and fees) of the new item being shipped to you.
Lost or Damaged
If the item is damaged when you receive it, do not sign the proof of delivery, and contact us immediately at firstname.lastname@example.org. If you sign the proof of delivery form, you cannot later claim the item was lost (i.e. not delivered) or damaged on arrival.
If the item is damaged on arrival take photos of the damage with a time stamp.
In the event the item is lost or damaged on arrival, we will assist you with filing a reimbursement claim directly with the applicable supplier or shipping company as applicable. However, you agree that as we are not the direct supplier of the items, it shall be your responsibility to pursue any claims with the applicable supplier in the event your lost or damaged item is not replaced by the supplier or carrier.
No Warranties Offered by Us
Everything on the Website, including all products available for order, are provided "as is" without warranty of any kind from us, including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
You acknowledge that we do not manufacture the products made for sale on the Website and that such products and the individual components thereof, are made by third party manufacturers.
Warranties Offered by Third Parties
Our third party suppliers and manufacturers may offer limited warranties on certain products sold on the Website. You may contact us and we can refer you to the applicable supplier or manufacturer if you wish to inquire about the details of any such warranties offered by those third parties.You agree that we shall not be liable or responsible for any warranties granted by such third parties.
To the extent products you order from us have warranties provided by a third party supplier or manufacturer, upon your request we agree to reasonably assist with the submission of warranty claims to such third parties. However, we make no guarantees that any warranty claims will be successful. You agree it is your responsibility to ensure warranty claims are submitted within the applicable timeframe to the applicable supplier or manufacturer.
You agree to pay all sales taxes, duties, import and export fees, whether Canadian or foreign, applicable to this agreement or arising in any way from the purchase of products or services from us. Even if not stated on our Website, you agree that we may inform you of taxes, duties, import and export fees in connection with your order which you agree to pay. You agree that we shall only be obligated to process your order once full payment of all fees, taxes and duties have been paid.
We use third-party payment processors to process payments made by you on the Website. Our third-party payment processors include Shopify, PayPal and others. Although we may display their forms on our Website, when you provide your payment details on the Website, you are providing them to the applicable payment processor.
We may have access to view portions of your payment information via the third-party payment processor, however, we do not collect or store your full credit card information ourselves. You acknowledge that third-party payment processes may have their own terms and conditions that apply to you. If you have any questions concerning our third-party payment providers, please contact us.
Shipping and Lead Times
We offer free shipping to all continental US states (excluding Alaska and Hawaii) (i.e. the lower 48 states). Shipping charges along with taxes, duties and other fees will apply, and will be quoted to you in connection with your order, for all orders outside the 48 states. Please contact us for quotes on all such orders. If you have already placed an order on our Website, we will contact you to specify such additional fees, taxes and duties.
Once the products you order from us are placed in the possession of a shipper or carrier, we shall be deemed to have completed good delivery to you. You shall be responsible for all loss or damage to the goods, howsoever caused, and you assume all of the obligations and risks as the owner of the goods during shipment. Please contact us if you would like to arrange for insuring the products while in transit.
DELIVERY DATES ARE ESTIMATES ONLY
You agree that any delivery dates or lead times provided by us, or any third party, are estimates only. We cannot guarantee shipping or delivery times, which may vary significantly based on the products you are ordering, your location, product availability, and other events outside of our control such as weather conditions, supply chain shortages, labour shortages and other force majeure events.
Delays Outside our Control
If our ability to supply products ordered on our Website is curtailed or limited, directly or indirectly, by an act of god, act of public enemy, acts of governmental bodies or agencies foreign or domestic, sabotage, riot, fire, floods, typhoons, explosions or other catastrophes, epidemics or quarantine restrictions, labour unrest, or labour shortages, accident, freight embargoes, delays occasioned by carriers or delays of a supplier, or because of any other cases beyond our control, in whole or in part, our failure (or the failure of our third party suppliers) to ship the products to you shall not constitute a breach or failure of performance hereunder for the period of time occasioned by any such occurrence.
Failure to Accept Products on Delivery
If you reject delivery of goods ordered from us, or otherwise fail to accept delivery of the goods, you agree to pay for all related and additional shipping fees, duties, taxes and other charges arising from such failure to accept delivery. After such failure to accept delivery of the goods, it shall be your responsibility to pay for and arrange a new shipping date.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY THE GOVERNING LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED (INCLUDING BY NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE), FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PRODUCTS ORDERED FROM OUR WEBSITE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO (I) FILING WARRANTY CLAIMS EITHER WITH OUR ASSISTANCE OR DIRECTLY WITH THE APPLICABLE SUPPLIER OR MANUFACTURER (IF SUCH WARRANTIES ARE AVAILABLE); AND (II) IF APPLICABLE, DELETING YOUR ACCOUNT WITH US.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE, OR PRODUCTS PURCHASED FROM US, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN (I) THE AMOUNTS PAID BY YOU TO US OVER THE PRECEEDING TWO (2) MONTHS FROM THE DATE YOU FIRST RAISED YOUR CLAIM WITH US; OR (II) USD $100.00, WHICHEVER IS MORE.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT, SELL PRODUCTS TO YOU OR GRANT ACCESS TO THE WEBSITE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Ownership of the Website
Our Website contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on or underlying the Website without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Evivid Holdings Inc., including our logo without our express permission.
Our Website may permit you and other users the ability to upload and post content, including product reviews ("User Content"). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Website. We may delete your User Content at any time. To the extent you leave product review, you agree to ensure they are authentic and based on your actual use of products ordered from us. We may remove product review we deem, in our sole discretion, to be inauthentic, factually incorrect or defamatory.
You agree not to use the Website in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website, please notify us at email@example.com. While we take no responsibility for any user or supplier who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on our Website are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Manitoba, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Manitoba, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, products ordered from us, all documents incorporated by reference and your relationship with us.
It is agreed that the Convention on the International Sale of Goods shall not govern this agreement or any product orders placed on the Website.
If any provision (or part of any provision) of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision, or part thereof, shall be deemed severable from this agreement and shall not impact the validity and enforceability of any remaining provisions, or the remaining part of such provision which is enforceable.
No Interpretation Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.
Waiver of Class Proceedings and Trial by Jury
To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
You can terminate your account with us at any time. To do so, please contact us by email or follow the links in your account.
We reserve the right to suspend your account or access to our Website at any time, with or without cause, and with or without notice.
The cancellation, suspension or termination of access to our Website, or your account, shall not terminate this agreement. Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this Agreement
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website, the transfer of control of Evivid Holdings Inc., or otherwise.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the course of using your account with us or using our Website, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
AS OUR WEBSITE AND PRODUCTS CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE STOP ACCESSING THE WEBSITE AND TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.