Conditions of Use

Welcome to the HVAC Pal web site. By using the HVAC Pal web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the HVAC Pal web site. The policies of HVAC Pal retail stores may differ substantially from those applicable to your use of the HVAC Pal web site.

HVAC Pal reserves the right to make changes to the HVAC Pal web site and its Conditions of Use and Legal Notices at any time. Each time you use the HVAC Pal web site, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the HVAC Pal web site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the HVAC Pal web site.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Disclaimers and Limitation of Liability
By using the HVAC Pal web site, you expressly agree that use of the HVAC Pal web site is at your sole risk. The HVAC Pal web site is provided on an "AS IS" and "as available" basis. Neither HVAC Pal nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the HVAC Pal web site will be uninterrupted or error-free. Neither HVAC Pal nor its Associates warrant the accuracy, integrity or completeness of the content provided on the HVAC Pal web site or the products or services offered for sale on the HVAC Pal web site. Further, HVAC Pal makes no representation that content provided on the HVAC Pal web site is applicable to, or appropriate for use in, locations outside of the United States. HVAC Pal and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by HVAC Pal or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall HVAC Pal or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the HVAC Pal web site, including but not limited to reliance by you on any information obtained from the HVAC Pal web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of HVAC Pal has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the HVAC Pal web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and HVAC Pal reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, HVAC Pal will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with HVAC Pal's Return Policy.

Sales Tax Policy
HVAC Pal collects and remits sales tax as required by the government of Canada as well as the province of Ontario for all transactions.

Paying for Your Order
Currently, we accept Visa®, MasterCard®, PayPal, American Express® (via PayPal) and Discover® Card (via PayPal).

Generally, credit and debit card are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation
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. The HVAC Pal web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Return Policy
All sales made through the HVAC Pal web site are subject to HVAC Pal's return policy. For a complete explanation of the return policy, please see Shipping and Returns page.

Order Limitations
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

Shipping
All orders placed on this site are subject to product availability and will be shipped according to HVAC Pal's shipping policies.

In the rare event that your order never arrives, notification of lost items must be received within 45 days from receipt of the shipping confirmation e-mail.

Please review the Shipping & Returns page for additional information on shipping times, rates and policies.

Customer’s Responsibility:
You, the customer, assume responsibility for the correct diagnosis of the problem with your heating and cooling system. HVACPal.com and any Agent of HVAC Pal cannot under any circumstance perform a complete and accurate diagnosis of any heating and cooling system over the phone or by email. You assume all responsibility for the correct diagnosis of the problem and selection of the correct repair part. You, the customer, assume full responsibility for the proper installation of any repair parts purchased from HVAC Pal. HVAC Pal and any Agent of HVAC Pal cannot under any circumstance ensure proper installation of any repair part over the phone or by email. You, assume full responsibility for the proper installation of any repair parts purchased from HVACPal.com.

Liability
HVACPal.com SHALL NOT be liable for any damages whatsoever, and in particular HVACPal.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if HVACPal.com has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification
Customer/Account holder agrees to indemnify and hold HVACPal.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Customer’s computer, of any intellectual property or any other right of any person or entity.

Compliance with Laws
Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Service in any way that violates applicable state/province, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state/province, national, or international law or regulation.

Electrical Repair Parts:
HVACPal.com does not warrant or accept returns of any electrical repair parts due to their sensitive nature. Electrical repair parts are packaged and shipped new, failure of new parts is extremely rare, failures are more likely to be a result of mishandling once opened or improper installation. HVACPal.com does not warrant electrical repair parts sold.

Termination of Use
HVAC Pal may, in its sole discretion, terminate your account or your use of the HVAC Pal web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. HVAC Pal reserves the right to change, suspend or discontinue all or any aspects of the HVAC Pal web site at any time without prior notice.