Terms and Conditions
1. Rules for Purchases. With respect to any purchase made from DBV2 Sport Imports Ltd. (“DBV2”), you agree that: (i) you will not use an invalid or unauthorised credit card or other payment method; (ii) you are solely responsible for identifying and selecting the product you wish to purchase; (iii) all sales are final and no refunds, returns, or exchanges are permitted; and (iv) DBV2 reserves the right to reject, in its full discretion, any and all orders submitted to it.
2. Off-Road Use Only. DBV2 products (“Products”) are sold for off-road use only. All modifications and installations of Products are at your own risk. Items sold for off-road use only are intended for racing vehicles which may never be used on a public road and may be illegal in some or all provinces in Canada and states in the United States of America. DBV2 is not able to verify the legality of the Products in each jurisdiction and it is your responsibility to ensure that your use of the Products is legal.
3. Release and Limitation of Liability. You hereby expressly and irrevocably release and forever discharge DBV2, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or in equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your purchase and use of the Products. In no event shall DBV2 be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Products (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (ii) to provide substitute goods or services (however arising); or (iii) for any direct damages in excess of (in the aggregate) the amounts paid to DBV2 by the entity claiming liability against DBV2 within the year immediately preceding the date on which such liability is alleged to have arisen.
4. Warranty for Hybrid Turbo Charger. DBV2 offers a limited warranty on all Hybrid Turbo Charger (“Turbo”) sales, subject to the terms and conditions set forth herein. For customers that reside in the Province of Ontario, DBV2 provides a one (1) year warranty on parts and a one (1) year warranty on workmanship and installation with respect to a Turbo purchased from DBV2 (the “Local Warranty”). The foregoing warranty shall be null and void unless you have the Turbo installed and tuned by recommended shop. For customers that do not reside in the Province of Ontario, DBV2 provides a one (1) year warranty on parts with respect to a Turbo purchased from DBV2 (the “International Warranty”). The International Warranty will only be honoured by DBV2 if you provide data logs with time stamps to DBV2, along with any other evidence reasonably requested by DBV2, which demonstrates, in the reasonable discretion of DBV2, that the failure in the Turbo was caused by a defect in the Turbo itself. Both the Local Warranty and the International Warranty are null and void if the Turbo has been tampered with, damaged (aside from reasonable wear and tear and regardless of whether damage occurred during shipping to DBV2 for the purposes of making use of the warranties provided herein), modified, or not used in accordance with the instructions provided by DBV2. You will be responsible for delivering the Turbo to DBV2 and the costs associated therewith in order to take advantage of the warranties provided herein. DBV2 will assume the responsibility and costs for redelivery of Turbo after repairs have been made in accordance with the warranties provided herein.
5. Disclaimer of Warranties. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE PRODUCTS AND ANY ASSOCIATED PRODUCTS OR SERVICES ARE PROVIDED BY DBV2 ON AN “AS IS” AND “AS AVAILABLE” BASIS. DBV2 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR FUNCTIONALITY OF THE PRODUCTS OR AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED IN THE WRITTEN MATERIALS (AS HEREINAFTER DEFINED). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DBV2 DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, DBV2 MAKES NO REPRESENTATIONS AND WARRANTIES THAT ANY ADVERTISING MATERIAL OR PRODUCT INSTRUCTIONAL MATERIAL ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE (THE “WRITTEN MATERIALS”). DBV2 IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENT CONTAINED IN THE WRITTEN MATERIALS. BY PURCHASING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOUR USE OF THE PRODUCTS, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, INCLUDING BUT NOT LIMITED TO THE WRITTEN MATERIALS, IS SOLELY AT YOUR OWN RISK.
6. Indemnity. You agree to indemnify DBV2 and its affiliates, and their respective directors, officers, employees, partners, agents, advisors, and shareholders from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, or disbursements (“Claims”) of any kind that may at any time arise out of your relationship with DBV2 to the extent to which (i) you have, by your actions, generated a claim that DBV2 is liable for your acts, whether or not such acts were, in and of themselves, otherwise justified; (ii) you have, by your tortious acts or other improper actions, generated a claim against DBV2 or any property of DBV2 or any other property owned, leased by, or otherwise in possession or control of DBV2; or (iii) there is a claim which may otherwise be imposed on, incurred by, or asserted against DBV2 in any way relating to or arising out of your purchase of the Products, or any action taken or omitted by you in connection with any of the foregoing, provided that you shall not be liable for any Claims resulting primarily from DBV2’s negligence or willful misconduct. DBV2 shall not be liable for any delay or non-performance of its obligations in the event and to the extent that such delay or non-performance is due to an event taking place after the acceptance of your order by DBV2 which is beyond DBV2’s control or the control of any of its sub-contractors and which were not reasonably foreseeable at the time of confirmation of your order, and whose effects are not capable of being overcome without unreasonable expense and/or loss of time to the parties concerned, including, but not limited to, war, civil unrest, strikes, lockouts and other general labour disputes, acts of government, natural disasters, exceptional weather conditions, breakdown or general unavailability of transport facilities, accident, fire, explosion and general shortages of energy and materials.
7. Resolution of Disputes. If a dispute arises out of, or in connection with these terms, the parties agree to meet to pursue resolution through negotiations. The party which identifies the dispute (the “Disputing Party”) agrees to provide a written request to negotiate to the other party (the “Disputed Party”) within thirty (30) days of learning of the dispute. All information exchanged during this negotiation shall be regarded as “without prejudice” communication for the purposes of settlement negotiations. If the parties are unable to resolve the dispute within forty-five (45) days from the receipt of notice of the dispute from Disputing Party by the Disputed Party, then the parties agree to attempt to resolve the dispute through mediation. If the parties are unable to agree on a mediator within twenty (20) days from the expiry of such forty-five (45) day period, then each party will select a mediator and such two mediators shall together select an individual who will proceed as a single mediator. The place of mediation shall be Toronto and the mediation shall be in English.
8. No Waiver. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
9. Survival. Any of these terms which by its nature should survive termination, including, without limitation, warranty disclaimers, indemnifications and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these terms.
10. Severability. The invalidity or unenforceability of any of these terms shall not affect the validity or enforceability of any other of these terms and any such invalid or unenforceable term shall be deemed to be severable.
11. Governing Law and Language. These terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario.