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Terms and Conditions online shop ABS North America

Terms of use


By accessing this website, you, the user, agree to be legally bound by all the terms and conditions contained herein. The use of and orders placed on this website are governed by the laws and the courts of the province of British Columbia, and by the applicable laws of Canada. You are responsible for complying with these laws and represent to be at least of the minimum legal age to enter into a contract by using this website.

These terms and conditions may change at our discretion any time, and without notice. Any changes made will be posted here. Your use of the Website following any such alteration constitutes your agreement to the terms of the modified Agreement.

Please review our privacy policy. The terms and conditions of our privacy policy are incorporated herein and made part of this Agreement.

Any trademarks and logos shown on this Website are registered trademarks of ABS - Peter Aschauer GmbH and partners. Your own use of this content is prohibited. All rights are reserved.

All copyright rights on textual and graphic content provided on this Website, its organization and presentation are owned by ABS or its third-party licensors. All content of this Website is solely intended for non-commercial and lawful personal use. You are prohibited from copying, reproducing, posting or republishing any content on this Website except as otherwise specifically permitted. Please contact csr@abs-airbag.com for usage permission. Please state ‘web content usage permission’ in the subject line.
     
Graphic content of people on this Website are used with permission or in accordance with applicable law. Reuse of them without permission may violate privacy and publication rights.

This Website may contain links to other sites for reference and your convenience. These sites are operated independently from ABS. Therefore we are not responsible or liable for their content and any damage or loss incurred by its use.

ABS strives to ensure this Website is current and free of errors. Yet we cannot guarantee that the website's content will be error-free, accurate, complete or current at any time. Despite all efforts to display product as accurately as possible colors may vary from the displayed pictures on this website. All weights and sizes quoted are approximate.

All prices and all charges listed on this Website will be processed either in Canadian dollars or US dollars depending on your place of residence. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion. Please review our terms of sale for more detailed information.

Most products displayed on this Website are available in selected retail stores in Canada and the United States while supplies last. In some cases, merchandise displayed for sale on this Website may not be available in retail stores.

We are not responsible for any damages arising out of or related to access to or use of our site, or sites we link to. This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes all prior agreements and understandings referring to this subject matter.


Warranty

Terms of Sale


ATTENTION: THIS DOCUMENT CONTAINS PROVISIONS WHICH LIMIT AND EXCLUDE THE LIABILITY OF ABS AVALANCHE RESCUE DEVICES INC. (“Seller”).

These terms and conditions of sale, and, where applicable, the Seller’s order form, quotation, sales order confirmation, invoice and all documents incorporated expressly by reference therein (collectively referred to as the “Agreement”) shall apply to all sales of ABS Equipment by the Seller to the Buyer.

1. Definitions. In this Agreement, unless the context requires otherwise:

(a) “ABS Equipment” means the products listed in the product catalogue published by the Seller from time to time.

(b) “Buyer” means the person who buys or agrees to buy the Goods from the Seller;

(c) “Goods” means the ABS Equipment which the Buyer agrees to buy from the Seller;

(d) “Price” means the price for the Goods, excluding shipping and handling, insurance and Taxes; and

(e) “Taxes” means any and all federal, provincial, local or other taxes, duties, excises, license fees and other charges levied, assessed or imposed due to the sale, purchase or delivery of the Goods.

2. Agreement applicable. This Agreement shall apply to the exclusion of all other terms and conditions, express or implied, including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. All orders for ABS Equipment shall be deemed to be an offer by the Buyer to the Seller to purchase such equipment pursuant to this Agreement. Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of this Agreement.

3. Price and Payment. The Price shall be the Seller’s quoted price which is based on the price lists issued by the Seller from time to time, which remain subject to change without notice. Any quotations given by the Seller shall be valid for the period stated on the quotation. In addition to the Price, the Buyer shall pay the Taxes and shipping and handling charges to the Seller. The Seller will invoice the Buyer separately for shipping and handling charges and any Taxes applicable thereto at or after the time of delivery of the Goods. Payment of the Price and Taxes must be received by the Seller prior to the Seller’s acceptance of an order and shall be made by credit card, wire transfer or some other pre-arranged payment method. All payments by credit card shall be made either in Canadian or US dollars, depending on the buyers place of residence. Time for payment shall be of the essence. Overdue accounts shall be subject to interest at the rate of the lesser of five (5) per cent per annum or the maximum allowable rate permitted by applicable law.

4. The Goods. The quantity and description of the Goods shall be as set out in the Seller’s quotation.

5. Delivery of the Goods. Due delivery of the Goods shall be deemed to have been made when the Seller tenders the Goods to a common carrier selected by the Seller. Any time provided by the Seller to the Buyer for the delivery is approximate. The Seller may deliver the Goods by separate instalments and may separately invoice, and require payment for, each instalment. Failure of the Buyer to take delivery or to pay for any one or more of the said instalments of the Goods on the due dates shall entitle the Seller, at its sole option, without notice to suspend further deliveries of the Goods pending payment by the Buyer or treat this Agreement as repudiated by the Buyer. The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods or any loss or damage whatever resulting therefrom. Delay in delivery of any instalment of Goods shall not relieve the Buyer of its obligation to accept delivery of the remaining instalments.

6. Acceptance of the Goods. The Buyer shall be deemed to have accepted the Goods three (3) days after receipt of the Goods by the Buyer. After the Buyer has accepted, or is deemed to have accepted, the Goods, then the Buyer shall not be entitled to reject Goods which are not in accordance with the contract or otherwise and the Seller shall have no liability whatever to the Buyer, other than the Seller’s limited warranty set out below, in respect of those Goods.

7. Risk and Title. Upon delivery of the Goods, or any instalment of the Goods, to the carrier by the Seller, the Buyer assumes the risk of all loss or damage to such Goods, or instalments thereof, resulting from any cause whatever. Title to the Goods shall not pass from the Seller to the Buyer until the Buyer has paid the Price and the Taxes in full and no other sums whatever remain due from the Buyer to the Seller in connection with the Goods. The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so, all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable. If the Buyer fails to pay in full the Price, the Taxes or any other sums due and owing by the Buyer to the Seller in connection with the Goods, the Seller may, at its sole discretion and without prejudice to the other rights of the Seller, demand payment of all outstanding sums due and owing to the Seller from the Buyer in connection with the Goods and the Buyer shall pay all of the Seller’s costs in respect of the collection of such sums, including legal fees on solicitor-client basis.

8. Use of ABS Equipment; Material and Workmanship; Inspections. The area of application and the uses for ABS Equipment are set out in the Seller’s product catalogue and the product information and written instructions provided with ABS Equipment. The Buyer acknowledges and agrees that ABS Equipment does not prevent the descent of avalanches or snow slabs, that the risk of such descent is not affected by the use of ABS Equipment and that any such descent poses a risk to life and health even where ABS Equipment is used, and further agrees to re-sell only Goods that include all product information and written instructions provided by the Seller. The Buyer acknowledges that the avalanche airbag systems offered for sale by the Seller may only be used in connection with manufacturer-approved backpacks, which bear the “ABS” logo and agrees to expressly advise its customers of this restriction in its sales documentation and otherwise. ABS Equipment may only be used, operated, maintained, prepared, serviced or stored in compliance with the written instructions provided with ABS Equipment. The Buyer acknowledges and agrees that, upon re-sale of the Goods, it shall advise its customers to use, operate, maintain, prepare, service and store the re-sold Goods in compliance with the written instructions provided with such Goods. The material and workmanship used in manufacturing ABS Equipment are based on benchmarks derived from comparable areas of application. These benchmarks provide the specifications for the material and functionality tests by TÜV Produktservice GmbH (the “TÜV Quality Testing”) for the “GS Mark” certification process (certified for safety) and for the “CE” certification pursuant to Directive 89/686/EEC relating to personal protective equipment (“CE Certification”). The Buyer expressly acknowledges that ABS Equipment and its components (including, without limitation, balloon material, fastening material, backpack and bag) cannot withstand all strains, loads or other forces occurring during an avalanche. The Seller provides inspection, maintenance, repair and replacement services for ABS Equipment for fees in effect on the date that such services are requested. The Buyer agrees to expressly advise its customers, in its sales documentation and otherwise, of the availability of such services from the Seller.

9. Limited Warranty. THE SELLER MAKES THE FOLLOWING LIMITED WARRANTY: The Seller warrants that the Goods conform in material and workmanship to the specifications of the TÜV Quality Testing and of the CE Certification for twenty-four (24) months after the date of delivery by the Seller to the carrier.

Any claim under this limited warranty shall be made to the Seller in writing without delay, but no later than twenty-four (24) months after the date of shipment of the Goods and any such claim made thereafter shall be barred. The Buyer shall return the Goods subject to a claim under this limited warranty, carriage prepaid by the Buyer, to an inspection point designated by the Seller within the above warranty period. The Seller’s entire obligation and liability and the Buyer’s exclusive remedy under this limited warranty is limited to the replacement of such Goods as shall appear to the Seller in its sole discretion, upon inspection, that the returned Goods do not conform with the specifications of TÜV Quality Testing within the above warranty period. This limited warranty applies only to undamaged, fully functional Goods, which have not been subject to misuse, mishandling, abnormal conditions of operation, unauthorized maintenance, service, repair, modification or alteration in any manner or from failure to operate the returned Goods in compliance with the written instructions. If, based on an inspection of the returned Goods, the Seller determines that a defect results from misuse, mishandling, abnormal conditions of operation, unauthorized maintenance, service, repair, modification or alteration in any manner or from failure to operate the returned Goods in compliance with the written instructions, or if the Seller determines that the returned Goods conform with the specifications of TÜV Quality Testing, then the Buyer shall reimburse the Seller for all expenses incurred by the Seller in connection with the inspection such Goods and their return to the Buyer. ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS WHETHER BY THE SELLER, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SUPPLIERS OR OTHERWISE (OTHER THAN THE SELLER’S EXPRESS LIMITED WARRANTY SET FORTH ABOVE) RELATING TO THE QUALITY AND/OR FITNESS FOR THE PURPOSE OF THE GOODS OR ANY OF THE GOODS, WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Non-Reliance. The Buyer is not relying upon any advice, representation or warranty of the Seller (except the Seller’s express limited warranty set forth above), or upon the Seller’s skill or judgment, regarding the Goods.

11. Limitation of Liability and Indemnification. IN NO EVENT SHALL THE SELLER, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SUPPLIERS BE LIABLE TO THE BUYER OR ANY THIRD PARTY (INCLUDING ANY SUBSEQUENT ACQUIRER OF THE GOODS) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM PERSONAL INJURY OR DEATH, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, BUSINESS INTERRUPTION, LOSS OF REVENUE OR PROFIT AND HARM TO GOODWILL OR BUSINESS REPUTATION) WHETHER BASED IN BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN LAW OR EQUITY ARISING OUT OF, IN RESPECT OF, IN RELATION TO OR IN CONNECTION WITH ANY MATTER RELATING TO THIS AGREEMENT OR ANY OTHER CONTRACT OF SALE BETWEEN THE SELLER AND THE BUYER OR TO THE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF THE SELLER, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SUPPLIERS, IN THE AGGREGATE, EXCEED THE AMOUNT PAID BY THE BUYER TO THE SELLER TO PURCHASE THE SPECIFIC GOODS PROVIDED BY THE SELLER THAT GIVE RISE TO THE CLAIM OR CAUSE OF ACTION. To the fullest extent permitted by law, the Seller, its affiliates and their respective directors, officers, employees, representatives, agents or suppliers shall not be liable to the Buyer or any third party (including any subsequent acquirer) for any damages resulting from Goods that were subject to misuse, mishandling, abnormal conditions of operation, unauthorized maintenance, service, repair, modification or alteration in any manner or from failure to operate the Goods in compliance with the written instructions. The Buyer shall indemnify, defend and hold the Seller harmless from all loss, liability, damage and expense, including legal fees on a solicitor-client basis, arising out of any claim by a third party (including any subsequent acquirer) arising out of or connected to Goods that were subject to misuse, mishandling, abnormal conditions of operation, unauthorized maintenance, service, repair, modification or alteration in any manner or from failure to operate the Goods in compliance with the written instructions by the Buyer, its affiliates or their respective directors, officers, employees, representatives or agents.

12. Intellectual property. The specifications and designs of the Goods (including the copyright, design rights, trade-mark or other intellectual property in them) shall as between the parties be the property of the Seller.

13. Entire Agreement. This Agreement constitutes the entire agreement between the Buyer and the Seller in respect of the purchase and sale of the Goods and the subject matter herein and supersede all previous communications, proposals, representations or agreements, whether written or oral, in this regard. No change, modification or waiver of this Agreement shall be binding upon the Seller unless expressly agreed to in writing by the Seller.

14. Severability. If any provision in this Agreement is held to be invalid, illegal or unenforceable, then such provision shall be deemed to be modified to the extent necessary to make such provision valid, legal and enforceable, and the invalidity, illegality or unenforceability in whole or in part of any portion of this Agreement shall not impair or affect the validity or enforceability of the remaining provisions of this Agreement.

15. Governing law. This Agreement and any sales thereunder are subject to the laws of the Province of British Columbia and the laws of Canada applicable therein.

16. Arbitration. Any claim, dispute or controversy arising out of, relating to or in connection with this Agreement or in respect of any defined legal relationship associated therewith or derived therefrom (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims capable in law of being submitted to binding arbitration) shall be referred to and finally resolved by arbitration by a single arbitrator under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The language of the arbitration shall be English.

Shipping


Shipping
The average turnover time for shipments to leave our warehouse is within 24 hours, excluding weekends and holidays. Please calculate accordingly. To provide the best possible service we only use shipping methods that offer a tracking number.  A confirmation email with all information to track your order will be send to you the moment it leaves our warehouse.

Free shipping
We provide free shipping on orders within Canada and the U.S. in of $850 or more, before taxes.

Within Canada
Express Service normally ships within 48 hours to most areas from the moment your order is picked up at our warehouse.

To the U.S.
Express Service normally ships within 3 days to most areas from the moment your order is picked up at our warehouse.

Please note: Activation units cannot be shipped with any Ground Service due to safety regulations
We are not responsible for delivery delays beyond our control. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.

Taxes and Duties
We will collect applicable taxes to all orders within Canada

For shipments to the U.S. we will not charge any taxes or duties. However, you will be responsible to pay for any duties and taxes imposed by your government. These fees are generally collected by the carrier or Brokerage Company. We are unable to give estimates for these fees. You might have to provide additional information to government authorities to receive you order. Be aware that if you refuse a package that has been received by customs because you will not pay the tariffs or taxes, we will refund your order after charging you for the shipping and additional fees required to return the package to us.


Returns / Exchanges


We accept returns on orders placed on this website within 30 days of the original purchase date. For warranty, repair and any other return information contact shop@abs-airbag.com.   

ABS is not responsible for returns of product purchased from licensed ABS retail partner or any third party. This policy only applies to the person initially entered into the contract. Products must be returned in brand new, unused condition and in its original packaging. Items that are used, damaged and/or not in resalable condition may not be eligible for a refund or exchange. Product returned past the 30 day return period will be refused. Original shipping charges for returns are not refundable.       

If applicable, a return number and detailed information on the remaining return process will be provided. This process comprise printing a form, including it with the product you are returning and sending the package to ABS:

Return items must be sent via insured, prepaid Regular Parcel Post. Insuring your return allows you to track your parcel with Canada Post. We cannot accept collect-on-delivery services or courier deliveries.

ABS AVALANCHE RESCUE DEVICES INC.
9-5352 273A STREET
LANGLEY, BC   V4W 0A9
CANADA

FROM THE US
Return items must be sent via insured, prepaid Parcel Services. Insuring your return allows you to track your parcel. We cannot accept collect-on-delivery services. Please note: Full Activation Units require special shipping. Please contact shop@abs-airbag.com for further procedures.   

ABS AVALANCHE RESCUE DEVICES INC.
PAG 723
1770 Front Street
Lynden, WA 98264
USA