Terms and Conditions
IMPORTANT NOTICE: Please read these Terms and Conditions carefully. By accessing, using this Website, or placing an Order, you agree to be unconditionally bound by this entire agreement.
Preliminary Notices and Contract Confirmation:
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- Contract Copy and Proof of Agreement: For the purposes of applicable consumer protection legislation, a “copy of the agreement” includes your order confirmation email and the downloadable documents available on this Website that together contain a summary of your transaction details, along with these Terms and all incorporated Policy documents.
You may view, print, or save these Terms and Policy documents at any time before or after placing an Order for your records and as proof of contract formation. Paper copies are not automatically mailed. - Governing Language (Special Notice to Quebec Customers): The English version of these Terms and Conditions shall be the legally binding version. By accepting these Terms, you confirm that you have been offered the opportunity to review these terms in French and have expressly consented to be bound by the English version. This statement does not exclude our obligation to provide a French version upon request or as otherwise required by Quebec law.
- Contract Copy and Proof of Agreement: For the purposes of applicable consumer protection legislation, a “copy of the agreement” includes your order confirmation email and the downloadable documents available on this Website that together contain a summary of your transaction details, along with these Terms and all incorporated Policy documents.
1. Agreement Acceptance and Company Statement
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- Agreement Acceptance: This Website is operated by Carvemate Machines Inc. (“Company”). In these Terms, “we” or “us” refers to the Company. These Terms and Conditions (“Terms”) govern your access, use of this Website, and all Product purchases made through it. By accessing or using the Website, you confirm you have read, understood, and agree to be bound by these Terms.
- Entire Agreement: These Terms and all policy documents referenced in Section 3, together constitute the entire legal agreement between you and us regarding Product purchase. You represent that you have the legal right and capacity to enter into this agreement.
- Customer Representations: By placing an order through this Website, you represent and warrant that:
- You have reached the legal age of majority in your jurisdiction;
- You will provide true, accurate, and complete personal information;
- Products may be used for personal or commercial purposes. Any resale must comply with applicable laws and regulations and ensure the correct use and display of the Products.
- Priority: If there is any inconsistency or conflict between these Terms and any policy document we reference, the provisions of these Terms shall prevail and take priority.
2. Ordering, Pricing, and Payment
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- Contract Formation: Products displayed on this Website constitute an invitation to treat. Your submission of an order through the checkout process constitutes an offer to purchase, and a legally binding contract is formed only upon our formal acceptance of that offer.
- Sales Scope and Pricing: All prices are quoted in Canadian Dollars (C$) and apply only to orders shipped to addresses within Canada. We do not currently accept or process orders for shipping addresses outside of Canada.
- Taxes and Fees: Your final payment will include shipping costs, applicable sales taxes (GST/HST/PST/QST) calculated based on your province or territory, and any government-levied environmental handling fees, if applicable. You agree that you are responsible for paying all applicable Canadian sales taxes and domestic shipping-related charges.
- Payment Terms and Liability: We accept payment through most major credit cards and PayPal. All payments are subject to approval by the corresponding financial institution. We are not liable if the corresponding financial institution refuses authorization. Your purchase charges will appear on your credit card statement as “Carvemate CNC Machines” or other recognizable names registered in our payment processing system.
3. Supply, Warranty, and Contract Components
a. Incorporated Policy Documents (General Terms):By purchasing any Product, you acknowledge and agree to be bound by the terms and conditions of the following policy documents, which are incorporated into these Terms by reference:
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- Order and Shipping: Covers all rules regarding order placement, pricing, order processing, shipping methods, and associated costs and timelines.
- Limited Warranty Policy:Stipulates the duration, coverage, exclusion clauses, and claims process for the Products.
- Returns and Refund Policy:Governs all returns, exchanges, and refund procedures.
- Privacy Policy: Governs the collection, use, and disclosure of your personal information.
- Product Manual: Includes all assembly instructions, operating procedures, and essential Product safety guidelines.
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b. Contract Composition and Priority (Specific Transaction Terms): Each specific contract for the purchase of a Product shall be composed of: (i) these Terms and Conditions and all documents referenced above; (ii) the Order submitted by you; and (iii) the Shipping Confirmation and accompanying Invoice issued by us.
In the event of a conflict between the documents:
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- General Conflict: The provisions of these Terms and Conditions shall prevail over the general terms of any policy document (as per Section 1: Priority).
- Transaction Conflict: The Shipping Confirmation or Invoice shall prevail regarding specific transactional details such as the Product quantity, final price, or specific Product description.
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4. Intellectual Property Ownership and License Grant
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- Intellectual Property Ownership: This Website and all its content (including software, designs, manuals, patents, and trademarks) are the property of us or our licensors. Your use of the Product does not grant you any rights or interests in the content or the Product’s intellectual property.
- Proprietary Software License: We grant you a limited, revocable, non-exclusive, non-transferable license to use our proprietary software solely for the purpose of operating and using the software within the purchased Product.
- Third-Party and Open Source Licensing: The use of third-party or open-source software will be governed exclusively by the terms and conditions of its accompanying license agreement. In the event of a conflict between these Terms and any open-source license, the terms of that open-source license shall prevail.
- Usage Restrictions: You agree not to copy, reproduce, modify, distribute, or create derivative works of the content or Product designs.
5. Disclaimer of Warranties and User Responsibility
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- “AS IS” Provision: We provide this Website and the Products on an “AS IS” basis, without any warranties, express or implied, including (but not limited to) any implied warranties or conditions of merchantability or fitness for a particular purpose.
- Product Safety and User Responsibility: You assume all responsibility and risk associated with the assembly, operation, and maintenance of the Product. We are not liable for any property damage or personal injury resulting from any alterations made to the machine or improper operation by the customer.
- Website Risk: We do not represent or warrant that the Website will be uninterrupted or error-free. You bear the entire risk for any damages or data loss resulting from accessing or using the Website or Products.
- Product and Software Modification Rights: Products do not require or perform remote software updates. Any software improvements will only be made available through downloadable or user-initiated updates. User understands and agrees that:
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- Modifications to the Product or software may affect original usage or compatibility;
- User must comply with the latest Product Manual, operating guides, and safety instructions provided with the Product;
- We are not liable for any direct, indirect, incidental, or consequential losses due to Product or software modifications, unless expressly required by law;
- We reserve the right to perform remote software updates when necessary to enhance Product performance or safety, but we are not responsible for compatibility or usage differences resulting therefrom.
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6. Indemnity and Limitation of Liability
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- Indemnity: You agree to indemnify, defend, and hold harmless us and our directors, employees, and suppliers (“Indemnified Parties”) from and against any losses, liabilities, and claims arising out of (i) your use of the Website or Products; or (ii) your violation of these Terms or infringement of third-party rights.
- Release of Liability: You further agree to release the Indemnified Parties from all claims and losses arising from the use of the Website and/or Products, including but not limited to claims for personal injury or property damage resulting from Product malfunction.
- Total Liability Cap: To the extent permitted by applicable law, the Indemnified Parties are not liable for any indirect, special, or consequential losses. Our liability is not limited for direct losses caused by our gross negligence or willful misconduct. If we are held liable for any claim, our total cumulative liability for that claim (whether based on contract, tort, or otherwise) shall, in all circumstances, not exceed the total amount the customer actually paid for the relevant Product.
7. Governing Law and Dispute Resolution
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- Governing Law: These Terms and all related transactions shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to any conflict of law principles..
- Dispute Negotiation: Before submitting any dispute to a court or other dispute resolution body, the parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days.
- Jurisdiction: You and Carvemate irrevocably submit to the non-exclusive jurisdiction of the courts of the Province of Ontario. You waive any objection to the venue of any such proceedings in such courts.
- Consumer Rights and Statutory Exception: Nothing in these Terms is intended to exclude or restrict any statutory rights, warranties, or remedies conferred upon you by the mandatory consumer protection laws of your province of residence (including but not limited to those in Quebec, British Columbia, and Alberta) that cannot be lawfully excluded or limited by contract.
8. General Provisions and Interpretation
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- Headings and Interpretation: Headings in these Terms are for convenience only and do not affect their interpretation. The terms “including,” “includes,” and words of similar import shall be interpreted broadly, as if followed by “but not limited to.”
- No Implied Waiver: Our failure to insist on the strict performance of any of your obligations or any provision of these Terms at any time shall not constitute a waiver of such right or provision in the future.
- Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary. The remainder of these Terms shall remain in full force and effect.
- Contact Information: Please contact us at [email protected]
Note: This document is the official Terms of Carvemate Machines Inc. In case of conflict, the latest version posted on this Website shall prevail.
Effective Date: October 15, 2025