Returns and Exchanges

We offer a refund or exchange for goods returned for any reason within 10 business days of receipt of goods.

To be eligible for a return, your item must be in the same condition that you received it.

Please reference the Return for refund procedure section below for details.

Late or missing refunds
If you haven’t received a refund when you expect it, please check with your credit card company as it may take some time before your refund is officially posted.

If you still have not received your refund, please contact us at onlineorders@pleora.com and we will work with you to process your refund.

Re-stocking fee
Returned or exchanged goods are subject to a 10% restocking fee calculated from the dollar value (before taxes, not including shipping, in USD) of the product(s) you are returning or exchanging. Refunds: this re-stocking fee will be deducted from your total refund amount. Exchanges: this re-stocking fee will be added to your new invoice once we receive the exchange, process the exchange and ship out replacement product(s).

Shipping
To return or exchange your product(s), ship to: Pleora Technologies Inc., 340 Terry Fox Drive, Suite 300 Kanata, Ontario CANADA K2K 3A2. Please reference the Return for refund or Exchange procedure below.

You will be responsible for paying the shipping costs for refunding or exchanging your product(s). Shipping costs are non-refundable. If you are exchanging, Pleora Technologies will pay for the shipment of the replacement product(s).

Depending on your location, the time it may take for your replacement product(s) to reach you, may vary.

Consider using a trackable shipping service or purchasing shipping insurance to guarantee receipt.

Return for refund procedure

  1. Send an email to onlineorders@pleora.com with subject line ON-LINE RETURN
    1. Include the part number of the product(s) being returned
    2. Include a copy of your Pleora Technologies invoice
  2. We will confirm receipt of your email and send you a Pleora Technologies RMA number.
    Please include this RMA number with your shipment as it will facilitate the processing of your return.
  3. Ship your product(s) to: Pleora Technologies Inc., 340 Terry Fox Drive, Suite 300, Kanata, Ontario CANADA K2K 3A2 Attention: On-line return, RMA #
    Please use only AIR shipping methods, not ground – using ground shipping will incur extra costs and delays if international brokerage is required.
  4. We will email you to confirm that we have received your returned item(s). Your returned item(s) will be inspected and we will contact you if there is an issue.
  5. We will process your refund and confirm:
    1. the re-stocking fee amount
    2. the refund amount to be processed

Exchange procedure

  1. Send an email to onlineorders@pleora.com with subject line ON-LINE EXCHANGE
    1. Include the part number of the product(s) being exchanged
    2. Include the part number of the product(s) that you would like as replacement product(s)
    3. Include a copy of your Pleora Technologies invoice
  2. We will confirm receipt of your email and send you a Pleora Technologies RMA number.
    Please include this RMA number with your shipment as it will facilitate the processing of your exchange.
  3. Ship your product(s) to: Pleora Technologies Inc., 340 Terry Fox Drive, Suite 300, Kanata, Ontario CANADA K2K 3A2 Attention: On-line exchange, RMA #
    Please use only AIR shipping methods, not ground – using ground shipping will incur extra costs and delays if international brokerage is required.
  4. We will email you to confirm that we have received your exchanged item(s). Your exchanged item(s) will be inspected and we will contact you if there is an issue.
  5. We will process your exchange and confirm:
    1. the re-stocking fee amount
    2. availability of the replacement product(s)
    3. credit card, billing and shipping information
  6. We will notify you of any funds owing or funds to be credited (based on any price difference between the exchanged and replacement product(s)).
  7. We will ship out your replacement order and send you a tracking number.

 

 

PLEORA TECHNOLOGIES INC.
STANDARD TERMS AND CONDITIONS OF SALE

 

These terms and conditions apply to all purchase orders from the buyer (“Buyer”) accepted by Pleora Technologies Inc., (“Seller”) for the supply, [manufacture, repair, modification, inspection and/or service] of a product described in a Sales Order Acknowledgment (“Sold Product”). Acceptance of a purchase order by Seller is conditional upon Buyer’s acceptance of these terms and conditions either by written acknowledgement, by implication (including completing an online purchase), or by acceptance of the Sold Product. Terms and conditions in any order or document submitted by Buyer to Seller are expressly rejected to the extent they have the effect of varying or contradicting the terms and conditions herein, and shall not be binding upon Seller unless agreed to in writing by Seller. Buyer agrees that Seller’s failure to object to any such terms and conditions shall not constitute acceptance by Seller thereof, nor of any waiver or modification to these terms and conditions. An accepted purchase order, together with these terms and conditions and any special terms expressly issued by Seller, constitute a “Sales Contract”. In the event that a negotiated supplier or license agreement is in force between the Buyer and Seller, the terms of such agreement shall prevail over these terms and conditions.

1. WARRANTIES

1.1 For a period of one (1) year following date of delivery of the Sold Product, Seller warrants that, unless otherwise stated by Seller, the Sold Product shall be free from defects in material and workmanship. Seller’s sole liability under the above warranties shall be to correct any defect in workmanship or material of the Sold Product, or replace the Sold Product, at the Seller’s option. Seller does not warrant any product or service of third parties, regardless of whether they may be necessary for installation or use of the Sold Product. In jurisdictions that require longer warranty periods by law, the Sold Product warranty is extended to the minimum warranty period for that jurisdiction.

1.2 The above warranty is conditional on: (i) proper storage, installation, use and maintenance of the Sold Product, and conformance with any applicable recommendations of Seller; and (ii) Buyer notifying Seller of any defects within thirty (30) days of the expiry of the warrantee period and, if required, promptly making the Sold Product available for inspection and/or repair.

1.3 EXCEPT AS SPECIFICALLY PROVIDED FOR IN THESE CONDITIONS OF SALE, SELLER MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOLD PRODUCT, INCLUDING, WITHOUT LIMITATION, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF ANY PATENT.
RETURNS & EXCHANGES

2. RETURNS & EXCHANGES

2.1 We offer a refund or exchanges for goods returned for any reason within 10 business days of receipt of goods. To be eligible for a return, your item must be in the same condition that you received it.

2.2 Returned or exchanged goods are subject to a 10% restocking fee calculated from the dollar value (before taxes, not including shipping, in USD) of the product(s) you are returning or exchanging.

3. PAYMENTS

3.1 Unless otherwise stated, prices are in U.S. Dollars and payment shall be made in U.S. Dollars. All prices are F.C.A. Seller’s location, unless otherwise agreed to in writing.

3.2 If any act, omission or request of Buyer delays shipment, Buyer shall be responsible for any additional costs, including but not limited to additional costs of production, storage, insurance, delivery or installation of the Sold Product.

3.3 All payments are due, net cash, thirty (30) days from the date of invoice. Late payments accrue interest at the rate of 2% per month (24% per annum) or, if lower, the maximum rate permitted by applicable law. Prices are subject to change without notice and Seller reserves the right to invoice goods at the prices prevailing at the time of order acceptance.

3.4 In the event that Seller incurs expenses to enforce its rights hereunder, including but not limited to costs of collection, legal fees and court costs, such expenses will be reimbursed by Buyer.

4. DELIVERY, TITLE AND RISK

4.1 Seller shall, unless otherwise agreed to in writing, deliver the Sold Product F.C.A. Seller’s location (INCOTERMS 2000). Partial shipments shall be allowed. Delivery dates are approximate and are based upon prompt receipt by Seller of all information necessary to permit Seller to proceed with work.

4.2 Unless otherwise stated in the Sales Contract, the Sold Product shall be installed by Buyer at the expense of Buyer.

4.3 All shipments are made at Buyer’s risk. Title and risk of loss or damage shall pass from Seller to Buyer upon delivery by the Seller to the possession of the carrier.

5. DELAY

5.1 Seller shall not be in breach of the Sales Contract where failure to perform, or delay in performing, is wholly or partly due to: (i) a cause beyond its reasonable control, (ii) an act of God, or force majeure, or (iii) failure of Buyer to provide Seller with required instructions or information. The foregoing shall apply even though such cause exists at the time of the order or occurs after Seller’s performance of its obligations is delayed by another cause.

6. LIMITATION OF LIABILITY

6.1 In no event, whether as a result of a breach of contract, warranty, tort (including negligence) or otherwise, shall Seller be liable to Buyer for: (i) Loss of profit or revenue, loss of business, loss of use, cost of capital, downtime costs, or cost of substitute products; (ii) external property damage to the Sold Product and loss arising out of such damage; (iii) special, incidental, indirect, punitive or consequential damages; or (iv) any of the foregoing suffered by a customer of Buyer.

6.2 In no event, whether breach of contract, warranty, tort (including negligence) or otherwise, shall Seller’s liability to Buyer exceed the selling price of the Sold Product.

6.3 If Buyer transfers title of, or a lease right to, the Sold Product to any third party, Buyer shall obtain from such third party a provision in writing affording Seller the protection of this Article “Limitation of Liability”.

7. TAXES AND DUTIES

7.1 Unless otherwise stated, the prices quoted by Seller do not include any use, excise, goods and services, sales (including value added taxes, provincial sales tax and/or harmonized sales tax) or similar taxes. Seller, if legally required, shall collect such taxes from Buyer. Buyer shall be responsible for payment of tax whether it is concurrently invoiced with the original invoice or subsequently invoiced. In the event that Seller pays any such taxes on behalf of Buyer, Buyer shall reimburse Seller for that amount.

7.2 Any taxes, duties, fees, charges or assessments of any nature (including penalties) levied by any governmental authority in connection with this transaction, whether levied against Buyer, against Seller or its employees, or against Seller’s subcontractors or their employees (each of whom is intended to be a third party beneficiary hereunder), shall be the responsibility of Buyer and, (i) if feasible, shall be paid directly by Buyer to the governmental authority concerned; or (ii) if that is not feasible, shall be paid by Buyer as reimbursement to the person against whom it is levied, including related costs such as currency conversion.

8. CANCELLATION CHARGES

8.1 Orders may not be cancelled or deliveries delayed by Buyer unless Buyer assumes liability for and makes payment to Seller for all work completed at the unit price, for all work in progress on a percentage basis for raw materials and for other cancellation expenses on the basis of cost to the Buyer, and all handling or overhead charges. These charges will be deducted from any prepaid amount, and any surplus after that will be refunded to the Buyer.

9. EXPORT CONTROLS

9.1 Buyer and Seller shall comply with all applicable import and export control laws, regulations, and orders. Specifically, but without limitation, Buyer agrees not to export, re-export or transfer a Sold Product, technical data or software in violation of any law, or to any denied or prohibited person or entity, or to any country embargoed by law applicable to Buyer or Seller. Buyer’s obligations under this clause shall survive the expiration or termination of the Sales Contract.

10. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

10.1 Subject to the licenses and other rights granted under this agreement, as between Buyer and Seller, Seller and its licensors shall retain title to any and all intellectual property contained in the Sold Products and any software included therewith.

10.2 Buyer agrees to indemnify and hold harmless Seller from any action or claims, and associated costs, against Seller for infringement of patents, copyrights and other intellectual property rights in respect of Sold Products where: (i) the Sold Product, or any part thereof, was manufactured to Buyer’s design; or (ii) the infringement claim arises from using a Sold Product in combination with Buyer’s or a third party’s equipment or process.

10.3 Buyer acknowledges that all material and information relating to Sold Products (except information evidently made public), which has come or will come into Buyer’s possession or knowledge, is confidential and proprietary, and that its disclosure to or use by third parties will be damaging to Seller. Buyer therefore agrees:

i. to hold such material and information in strictest confidence with at least the same standards with which Buyer treats its own confidential information;

ii. to not make use of it other than for the normal use of the Sold Product or services;

iii. to release it only to employees requiring such information, and not to release or disclose it to any other person;

iV. to take appropriate action with respect to its employees to ensure that the foregoing obligations are fully satisfied.

10.4 The duplication, reverse engineering, reverse assembly, reverse compilation, unauthorized reproduction or retransmission of the Sold Product or associated software by Buyer, or its agents, officers, employees or directors or any user authorized by Buyer, or an attempt to do any of the above, is strictly prohibited and will be considered a breach by Buyer of these terms and conditions.

10.5 Where software is included as part of the Sold Product, the use of the software by the Buyer will be governed by the terms and conditions of the End User License Agreements (“EULA”) set out in Schedule “A” attached hereto. For the purpose of this agreement, the term “Software” means any operating system, firmware, software library, software driver, application software, or other software owned by Seller that is embedded in, loaded on, or is otherwise delivered for use with a Sold Product by Seller, and to the extent that a Sold Product includes software all references to “purchase” or “sale” of the software portions of the Sold Product shall mean the grant of licenses of such software.

10.6 Where Buyer transfers the Sold Product or any part thereof to a third party, and such Sold Product or part thereof includes any Software, Buyer shall make the transfer conditional on that third party accepting the terms and conditions set out in Schedule “A” attached hereto. This term shall not be construed as to limit any of the terms and conditions set out in Schedule “A” attached hereto, including any restrictions on transfer.

10.7 Buyer acknowledges that any breach of this Article “Intellectual Property and Confidentiality” will result in irreparable and immediate harm to Seller, and Buyer agrees that in the event of such breach, Seller shall be entitled to equitable relief by way of temporary or permanent injunction in addition to any other remedy.

10.8 This Article “Intellectual Property and Confidentiality” shall survive cancellation, termination or breach of the Sales Contract.

11. INDEMNIFICATION

11.1 Buyer shall indemnify and hold harmless Seller and its employees, subcontractors and subcontractors’ employees (each of whom is intended to be third party beneficiary hereunder) from any loss, claim or damage of persons or property which arises out of the Sales Contract, services provided by Seller, or Buyer’s possession or use of the Sold Products, provided that such loss, claim or damage was not caused solely by the gross negligence of the Seller. This indemnity shall survive the termination of this Agreement.

12. GENERAL

12.1 The Sales Contract shall be governed by and construed exclusively in accordance with the laws of the province of Ontario and the federal laws of Canada, without regard to principles of conflicts of law. For litigation arising from the Sales Contract, Buyer and Seller submit to the exclusive jurisdiction of the courts of Ontario, and to any other court having jurisdiction over the party solely to enforce a judgment of a court of Ontario. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this contract.

12.2 Any representation, understanding, proposal, agreement, warranty, course of dealing or trade usage not contained or referenced in the Sales Contract shall not be binding on either Buyer or Seller. No modification, amendment, rescission, waiver or other change shall be binding on the parties unless assented to in writing by both parties.

12.3 Any assignment by Buyer of the Sales Contract, or rights under it, without the written consent of Seller, shall be void.

12.4 The invalidity, in whole or in part, of any provision hereof shall not affect the remainder of the provisions.

 

 

Schedule "A"
END-USER SOFTWARE LICENSE AGREEMENT

 

IMPORTANT: You must accept this License Agreement before you can use this product.

The program(s), device driver(s) and software library (libraries), collectively known as “software” in this package is (are) licensed to the User. By installing all or a portion of this software, you indicate acceptance of this License Agreement.

eBUS™, iPORT™ and EtherCast™ are trademarks of Pleora Technologies Inc. (PLEORA). As part of the purchase of an iPORT or EtherCast solution, PLEORA grants to you, the User, a license in the software, subject to the following:

USE: The software may only be used in conjunction with PLEORA iPORT Hydra or PLEORA iPORT hardware modules or PLEORA EtherCast hardware modules. User may not reverse compile or disassemble the software.

COPIES: User may make copies of the software in machine readable form for archival and backup purposes. User has no other right to copy. The copy must bear the copyright notice contained in or on the original.

OWNERSHIP: User agrees that user does not have any title or ownership of the software, other than ownership of the physical media.

TRANSFERABILITY: User may not transfer or assign rights in the software to a third party except with the express written consent of PLEORA. User may not sublicense the software or distribute copies or adaptations of the software to any third party in physical media, by telecommunications or by any other means.

TERMINATION: PLEORA may terminate this license if User fails to comply with any of the terms of this License Agreement. Upon a termination, User shall return the software and all copies to PLEORA.

UPDATE, MAINTENANCE & SUPPORT: User agrees that the software does not include updates, maintenance and support which may be available pursuant to a separate agreement.

LIMITED WARRANTY: PLEORA warrants that the disk upon which the program is furnished will be, under normal use, free from defects in material and workmanship for a period of one (1) year from the purchase of the product. PLEORA's entire liability, and User's exclusive remedy under this warranty, will be the replacement of the defective disk without charge. Except for the above express limited warranty, PLEORA makes no warranties, express, implied or statutory and PLEORA specifically disclaims any implied warranty of merchantability or fitness for a particular purpose. PLEORA does not warrant that the operation of the program will be uninterrupted or error-free.

LIMITATION OF LIABILITIES: The total liability of PLEORA for any claim or damage arising out of the use or liability to use the software or otherwise related to this Agreement, and whether in contract or in tort, shall be limited to direct damages which shall not exceed the licensee fee paid by User. In no event shall PLEORA be liable for lost profits, lost data, and interruption of business or for any other incidental or consequential damages arising out of the use of the software or related to this agreement, regardless of whether PLEORA has notice of the potential for any such loss or damage.

This software is not intended for use in life support appliances, devices, or systems where malfunction of these products can reasonably be expected to result in personal injury. PLEORA customers using or selling these products for use in such applications do so at their own risk and agree to fully indemnify PLEORA for any damages resulting from such improper use or sale.

 

 

AutoGen™ END-USER SOFTWARE LICENSE AGREEMENT

 

IMPORTANT: You must accept this License Agreement before you can use this product.

eBUS™, AutoGen and iPORT™ are trademarks of Pleora Technologies Inc. (“PLEORA”). Through the issuance of a license key, PLEORA grants to you, the user (“User”), a license to the AutoGen program, driver(s) and software library (libraries), collectively known as “Software” subject to the conditions of this license agreement. By installing all or a portion of Software, you indicate acceptance of the conditions of this License Agreement.

USE: Software may only be used in conjunction with PLEORA iPORT hardware on a single PC. Any XML file generated, managed or modified using Software may only be used with products containing legitimately licensed or purchased PLEORA iPORT technology. User may not reverse compile or disassemble Software.

COPIES: User may make copies of Software in machine readable form for archival and backup purposes. User has no other right to copy. The copy must bear the copyright notice contained in or on the original.

OWNERSHIP: User agrees that User does not have any title or ownership of Software, other than ownership of the physical media.

TRANSFERABILITY: User may not transfer or assign rights to Software to a third party except with the express written consent of PLEORA. User may not sublicense Software or distribute copies or adaptations of Software to any third party in physical media, by telecommunications or by any other means.

NON-COMPLIANCE: PLEORA may terminate this license if User fails to comply with any of the terms of this License Agreement. Upon a termination, User shall destroy or return to PLEORA all copies of Software and provide to PLEORA written notice of such return and/or destruction. User acknowledges that any use of Software to create, manage or modify XML files for use other than with legitimately licensed or purchased iPORT technology substantially diminishes the value of PLEORA’s proprietary rights and interests. In such circumstances legal remedies would be wholly inadequate. User agrees that PLEORA shall be entitled to equitable relief, including but not limited to, injunctive relief, requiring compliance with the provisions of this Agreement, as well as monetary and other damages available under any applicable law.

UPDATE, MAINTENANCE & SUPPORT: User agrees that Software does not include updates, maintenance and support which may be available pursuant to a separate agreement.

LIMITED WARRANTY: PLEORA warrants that the disk upon which the program is furnished will be, under normal use, free from defects in material and workmanship for a period of one (1) year from the purchase of the product. PLEORA's entire liability, and User's exclusive remedy under this warranty, will be the replacement of the defective disk without charge. Except for the above express limited warranty, PLEORA makes no warranties, express, implied or statutory and PLEORA specifically disclaims any implied warranty of merchantability or fitness for a particular purpose. PLEORA does not warrant that the operation of the program will be uninterrupted or error-free.

LIMITATION OF PLEORA LIABILITIES: The total liability of PLEORA for any claim or damage arising out of the use or liability to use Software or otherwise related to this Agreement, and whether in contract or in tort, shall be limited to direct damages which shall not exceed the licensee fee paid by User. In no event shall PLEORA be liable for lost profits, lost data, and interruption of business or for any other incidental or consequential damages arising out of the use of Software or related to this agreement, regardless of whether PLEORA has notice of the potential for any such loss or damage.

Software is not intended for use in life support appliances, devices, or systems where malfunction of these products can reasonably be expected to result in personal injury. PLEORA customers using or selling these products for use in such applications do so at their own risk and agree to fully indemnify PLEORA for any damages resulting from such improper use or sale.