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Terms and Conditions

Standard Terms and Conditions

1.0 Terms and Conditions

1.1 Use of Site Governed by Terms and Conditions

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions.

1.2 Order Placement Indicates Acceptance

Your placement of an order indicates your acceptance of these terms and conditions. By submitting any purchase order to GatesPro Manufacturing you are accepting these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by GatesPro Manufacturing. GatesPro Manufacturing reserves the right to make changes to this site and these terms and conditions at any time.

2.0 Copyright and Trademark Notice

2.1 All Site Materials are Property of GatesPro Manufacturing

This site is owned and operated by GatesPro Manufacturing. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of GatesPro Manufacturing. All audio and video clips are the sole property of GatesPro Manufacturing or their respective content providers. All software used on the site is the sole property of GatesPro Manufacturing or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without GatesPro Manufacturing’s prior written permission.

2.2 All Right Reserved

All rights not expressly granted in this Agreement are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

2.3 Trademarks

“GatesPro Manufacturing” is a trademark or service mark of TOUCH OF CLASS ALUMINUM & IRONWORKS LTD. All custom graphics, icons, logos and service names are trademarks or service marks of GatesPro Manufacturing. All other trademarks or service marks are property of their respective owners. The use of any trademark or service mark without GatesPro Manufacturing’s express written consent is strictly prohibited.

3.0 Disclaimer and Limitation of Liability as to Products Sold

3.1 Defects of Workmanship

All of GatesPro Manufacturing’s products are guaranteed delivered free from defects of workmanship. We will accept a report of defect of workmanship within seven (7) days of delivery. If you reporting a defect of workmanship to us, in writing, within seven (7) days of delivery, you will then have thirty (30) days in which to return the defective item to us. We reserve the right not to accept reports of defect in workmanship, or returns, received by us outside of these timelines.

3.2 Disclaimer & Limitation of Liability

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, GATESPRO MANUFACTURING MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE GATESPRO MANUFACTURING SITES. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, GATESPRO MANUFACTURING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO GATESPRO MANUFACTURING. ARISING FROM ANY PRODUCT SOLD BY GATESPRO MANUFACTURING SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL GATESPRO MANUFACTURING, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

4.0 Disclaimer and Limitation of Liability as to GatesPro Manufacturing’s Websites

4.1 GatesPro Manufacturing Websites

THE GATESPRO MANUFACTURING WEBSITES AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. GATESPRO MANUFACTURING MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE GATESPRO MANUFACTURING SITES, THEIR OPERATION, CONTENTS, INFORMATION OR MATERIALS. GATESPRO MANUFACTURING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT GATESPRO MANUFACTURING, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE GATESPRO MANUFACTURING SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

5.0 Typographical Errors

5.1 GatesPro Manufacturing may Cancel Erroneous Orders

In the event that a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, GatesPro Manufacturing shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. GatesPro Manufacturing shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, GatesPro Manufacturing shall immediately issue a credit to your credit card account in the amount of the incorrect price.

6.0 Links

6.1 GatesPro Manufacturing not Responsible for Third Party Sites

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that GatesPro Manufacturing is not responsible for the operation of or content located on or through any such site.

7.0 Order Acceptance Policy

7.1 GatesPro Manufacturing Reserves the Right to Refuse certain Orders

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GatesPro Manufacturing reserves the right at any time after receipt of your order to accept or decline your order for any reason. GatesPro Manufacturing reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance policy. We may require additional verifications or information before accepting any order. GatesPro Manufacturing sells to end user customers and does not accept orders from computer dealers, exporters, wholesalers or other customers who intend to resell the products offered by GatesPro Manufacturing.

8.0 Payment Methods

8.1 Credit Cards

We accept all major credit cards including, Visa and MasterCard. Please be sure to provide your exact billing address and telephone number as well as the address and telephone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. When processing credit card orders, we may request to see a copy of government issued photo identification.

8.2 Cheques, Drafts and Money Orders

GatesPro Manufacturing accepts certified cheques and bank drafts in Canadian dollars only. Orders are processed on receipt of certified cheque or draft. GatesPro Manufacturing reserves the right to decline personal and company cheques, and, if accepted, to allow a minimum of ten banking days after receipt for clearance of funds before the order is processed. GatesPro Manufacturing cannot guarantee the availability of a product by the time funds clear or payment is received and if product is no longer available at the time a cheque clears, GatesPro Manufacturing may cancel the order. We will charge a fee on all returned cheques. Please see the full instructions below on how to pay using one of these methods.

9.0 Price Matching

9.1 Price Match Guarantee

GatesPro Manufacturing is committed to giving our customers the lowest price on the web. Subject to 9.2 below, GatesPro Manufacturing will match a lower price advertised on any manufacturer’s or their authorized retailer’s website AND refund 10% of the difference between the two prices, for up to thirty (30) days after the purchase date. To take advantage of this price match please contact us using our toll free number (1-855-994-6229), or our web site contact form.

9.2 Terms and Conditions of the Price Match Guarantee

Application of the price matching policy and determination of the validity of other advertised prices is subject to the sole and absolute discretion of GatesPro Manufacturing and to be eligible for our price matching, the comparable price must:

(a) be an advertised price on a manufacturer’s, or their authorized dealer’s, website. This does not include sites such as Craigslist, Amazon, Sears, Buy, eBay, or similar sites unless it can be established that the seller is an authorized dealer selling pursuant to their authorized dealer agreement.

(b) not include a rebate or a sales price or a liquidation price. We do not match local store prices, prices that change when zip codes are entered, site wide coupon codes that lower a published price, etc.

(c) be for comparable items. Items must precisely identify the product design and specifications, including type and grade of metal, included parts and any “free additions”. This means that if you ask us to price match our base item including free additions to a website offering a base item without free additions, we will compare the base items only and the free additions will be removed from our package and only the direct matching packages will be price-matched and shipped.

(d) be from a single source. Our price match policy applies to comparable packages from a single source. We do not price match our package to individual components sourced from multiple sites.

(e) not include shipping. We do not match shipping prices. If we offer free shipping and the lower matched price does not include shipping, we will calculate the shipping to your location from that company and add it to the product price to determine if the product qualifies for price match.

(f) not be below our cost to manufacture. We will not price match “wholesale” vendors or websites requiring fees associated with membership or login or auction sites or sales and GatesPro Manufacturing reserves the right to refuse any price match based on our cost to manufacture or acquire the particular item.

10.0 Shipping Policy

10.1 Shipping Restrictions

GatesPro Manufacturing does not ship on Saturday or Sunday or Statutory Holidays. Due to shipper restrictions we cannot deliver to P.O. boxes. All shipments are subject to stock availability. In the Lower Mainland of British Columbia, we deliver, subject to delivery charges.

11.0 Sales Taxes

11.1 GatesPro Manufacturing to Charge Sales Tax

GatesPro Manufacturing shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within British Columbia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other province or state.

12.0 Return Policy

12.1 All Made to Order sales are final sales

All GatesPro Manufacturing gates are custom fabricated to specifications supplied by the customer and approved by the customer and GatesPro Manufacturing. Therefore, all sales are final except as noted below. If an order contains both custom and non-custom items, such as custom gates and standard posts, the standard items may be returned as provided below.

12.2 Satisfaction Guarantee

Custom made to order gates are not returnable. However, if you are not completely satisfied with your driveway gate and/or hardware GatesPro Manufacturing will consider accepting their return, provided it is undamaged and uninstalled, subject to the discretion of GatesPro Manufacturing and a 20% restocking fee.
Items that are not custom made to order may be returned, uninstalled and undamaged, in their original unopened packaging (if any) and condition within thirty (30) days for a full cash refund or exchange. Returns beyond 30 days will be subject to a 20% restocking charge. We will refund
shipping costs if the return is a result of our error. Please note: No Returns Accepted after thirty (30) days.

12.3 Procedure for Returning Products

Products may be returned to GatesPro Manufacturing for replacement or refund as follows:(a) You may cancel an order within 24 hours of placing the order, provided the item ordered has not shipped, no materials have been ordered by GatesPro Manufacturing related to the order AND fabrication has not been started by GatesPro Manufacturing.

(b) You must notify GatesPro Manufacturing, in writing, that an item has defective workmanship within thirty (30) days seven (7) days of delivery. We reserve the right not to accept reports of defect in workmanship received by us outside of this timeline and to refuse return of any item reported after this period, regardless of defect. Notice to GatesPro Manufacturing must include a description of the defect in the purchased item and when the defect was first observed. Upon receipt of notice to return, GatesPro Manufacturing will send you a return confirmation via e-mail. You then have thirty (30) days from the date of the return confirmation e-mail to return the item. You MUST make arrangements to return a gate by phone prior to shipping and must follow GatesPro Manufacturing’s instructions on the return procedure. On any return, the risk of any theft or damage during passage remains with the sender. GatesPro Manufacturing recommends that you use only reputable couriers and that you insure any returned item for loss or damage during transit.

(c) If a Product is not defective, and adheres to specifications provided by you, it will not be accepted by GatesPro Manufacturing for return.

(d) GatesPro Manufacturing will not accept gates that are returned due to the improper measurement of the area in which the gate is to be installed. If the Purchaser or Installer improperly measures the area in which the gate is to be installed and the wrong gate is ordered, GatesPro Manufacturing accepts no responsibility and will not accept return of the gate or issue any refund for the gate.

(e) GatesPro Manufacturing accepts no responsibility for improper installation of gates. Damage to gates sustained during installation is the sole responsibility of the Purchaser and GatesPro Manufacturing will not accept returns of gates damaged during installation.

(f) You are responsible for shipping costs of all returns and all refunds exclude shipping and handling charges. If an item is returned because it was not the item that was ordered, GatesPro Manufacturing will pay for the shipping of the replacement item to the Purchaser.

(g) All items must be in “as-new” condition, unused, in original packaging and with all warranty cards, manuals and accessories, if any, included. The original packing slip must be included. Any discrepancies could result in a delay or partial forfeiture of your refund.

(h) Returned items are subject to a 20% restocking fee.

(i) If only part of a product is defective, we will replace the defective part. Please call us first to determine if a replacement for the defective component is on hand and if so we will ship a replacement component to you. Otherwise, we may require that the full product must be returned for credit or replacement. A defect in a part or component will not mean replacement of a custom fabricated gate where replacement or suitable substitution by us of the part or component is possible.

(j) All returns must be sent via Purolator, UPS, Federal Express or any other courier that issues a tracking number.

(k) Please allow four to six weeks for refunds to be processed and credited to your account. In order to receive a refund, your purchase must be returned with shipping pre-paid.

13.0 Manufacturer’s Warranty

13.1 Warranty

(a) All gates are warranted to be delivered free from manufacturer defects discovered and reported to us in writing within seven (7) days of delivery. In the event that you notify us in writing of discovery of a manufacturer’s defect within that time limit, we will accept a return of a defective gate if it is defective and returned to us within thirty (30) days, whereafter we will provide a repair, exchange or refund, at our discretion.

(b) In addition to manufacturing defect, GatesPro Manufacturing provides a lifetime (20 years) warranty on all custom made to order driveway gates. The warranty covers structural failure of the gates. If your GatesPro Manufacturing gate shows structural failure it will be replaced at no cost to you. Our Lifetime Warranty is non–transferable and only applies to the original purchaser. This warranty is void if proper maintenance procedures have not be completed as provided by GatesPro Manufacturing.

(c) GatesPro Manufacturing provides no warranty or guarantee against rust, or corrosion, or pinholes in welds. Rust or corrosion is not considered a defect under these terms and conditions, nor are pinholes in welds. However, we do warrant steel posts and hardware one (1) year warranty against corrosion (this does not include surface tarnishing, discolouration or powdery residue not affecting post or hardware structure, or corrosion due to failure to install or maintain the posts and hardware according to GatesPro Manufacturing instructions).

(d) GatesPro Manufacturing provides no warranty or guarantee against improper installation or damage caused by installing gate motors other than those recommended by GatesPro Manufacturing or installing or operating gate motors in a fashion other than according to GatesPro Manufacturing or the motor manufacturer’s specifications or for motors installed by anyone other than a qualified installer. GatesPro Manufacturing recommends all customers contact a qualified installer in your area. If you are unable to locate a qualified installer in your area, you may contact GatesPro Manufacturing for a suggested list of potential installers, who may or may not be local, on an information only basis. GatesPro Manufacturing does not warrant or guarantee the work of any installer.

14.0 Jurisdiction and Venue

14.1 Legal Action Governed by BC Laws

You agree that any legal action brought against GatesPro Manufacturing shall be governed by the laws of the Province of British Columbia without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the GatesPro Manufacturing sites shall be an appropriate court located in the City of Vancouver.

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