TERMS AND CONDITIONS

  • These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and (your business).  Concerning your access to and use of (www.posgeeks.ca) website as well as any other media form becomes the exclusive right of the company posgeeks.
  • You agree that by accessing this site, that you have read and understood, and agree to be bound by all these terms and conditions.
EQUIPMENT SALES AND DELIVERY

All sales and deposits are final and carry a one year limited manufacture warranty.

POSGEEKS will notify the Customer when the equipment is ready.  The seller does not guarantee delivery and any delivery or other date quoted by Seller or Seller’s representatives and is an approximation.

If the Customer fails to take delivery of the Equipment within three (3) Business Days of POSGEEKS will notifying the Customer by email or writing that the Equipment is ready, then, except where such failure or delay is caused by a Force Majeure Event or POSGEEKS  failure to comply with its obligations under the Contract, delivery of the Equipment shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which POSGEEKS notified the Customer that the Equipment was ready; and POSGEEKS shall store the Equipment until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

If ten (10) Business Days after the day on which POSGEEKS notified the Customer that the Equipment was ready the
Customer has not taken delivery of it, POSGEEKS may resell or otherwise dispose of part or all of the Equipment and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Equipment or charge the Customer for any shortfall below the price of the Equipment.

Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.

The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims), shall be governed by laws and location of Ottawa Canada.  Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

INDEMNIFICATION

Buyer agrees to defend, indemnify and fully compensate Seller for any and all loss, damage, as well as actual costs and expenses, including lawyer’s fees, and any other amounts, incurred by, or imposed on, Seller related to any and all claims, lawsuits, judgments, awards or disputes of any kind related to this agreement, including but not limited to the condition, use or operation of Products or any Services provided.  Buyer’s obligation to defend, indemnify and compensate Seller includes and extends to all damages of any type, including incidental, consequential, special or punitive damages, whether arising in  contract, tort, strict liability, product liability or other wise in law or equity, and includes damages or losses associated with the injury to or death of, Buyer or any other person as a result of the condition, use or operation of Products.