Terms of service

TERMS AND CONDITIONS


All sales of products (“Products”) by Green Tank Technologies Corp. (“Green Tank”) to the customer identified in the final invoice(the “Customer”) are subject to the following terms and conditions:

  1. All sales are final and non-refundable. No Products may be returned without Green Tank’s prior written authorization.
  2. Overdue invoices will bear interest at the lesser of the rate of 2.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly.
  3. Green Tank represents and warrants to Customer that the Products when delivered to Customer (and prior to Customer filling any cartridges supplied by Green Tank with oil) will be free of any defect in materials and workmanship and that all manufacture and packaging of the Products, including artwork, will be done in accordance with the samples and/or specifications approved by Customer in writing. Customer will receive the same Product as the approved sample approved in writing by Customer. Due to external factors, such as type of oil, oil viscosity, additives, unknown test procedures and length of time for testing, independent test results will not be considered when evaluating if there are any defects in the Product. The Product Warranty does not apply to any Product that: (i) has been subjected to improper filling, abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by Green Tank, including during or following shipment from or by Customer to its distributors or retailers; (ii) has been reconstructed, repaired or altered by Persons other than Green Tank or its authorized representatives; (iii) has been used with any oil or filler that is not approved for use with the Product.
  4. The above noted representations and warranties expire: (a) in respect of all Products other than disposable vaporizers, twelve (12) months after manufacturing date; and (b) in respect of disposable vaporizers (and any parts thereof), eight (8) months after the manufacturing date. Except for the express representations and warranties set out herein, Green Tank does not make any express or implied representation, warranty or condition, regarding the Products whether arising by law, course of dealing, course of performance, usage of trade or otherwise, including without limiting the generality of the foregoing, any warranty of merchantability or fitness for a particular purpose, or that vaping or that the inhalation or consumption of oil for consumption via vaporizer is safe.
  5. Title and risk of loss will pass to Customer upon delivery of the Products to the designated place of shipment. Customer will inspect the Products and either accept the shipment, or, if any Products are reasonably determined to have a material non- conformance with the foregoing representations and warranties, reject the shipment. Customer will be deemed to have accepted a shipment unless it provides written notice to Green Tank of its intention to reject within five (5) days of delivery of the Product.
  6. Customer agrees to return, at its expense, to Green Tank any defective Products or, at the election of Green Tank, destroy the defective Products and have a senior officer of Customer certify to Green Tank in writing that the destruction has been completed. Customer’s sole and exclusive remedy for a breach of the foregoing representations and warranties is, at the option of Green Tank, repair or replacement of the defective Products or a refund of the amount paid by Customer for the defective Products.
  7. If Green Tank determines that any Products sold to Customer may be defective or do not meet Green Tank’s quality standards, Customer will withdraw all similar Products from sale or use at Green Tank’s request. Customer will return such Products to Green Tank at Green Tank’s reasonable cost and expense or at the election of Green Tank, destroy the defective Products and have a senior officer of Customer certify to Green Tank in writing that the destruction has been completed. Green Tank will repair or replace all such returned Products, or replace all such destroyed Products. This section sets out Customer’s sole and exclusive remedy for any Products withdrawn under this section.
  8. Customer may receive confidential information from Green Tank. “Confidential information” means information that is marked confidential or proprietary, or that a reasonable person should know is confidential, and includes, without limitation, all Product offerings and pricing information. Customer agrees agree to use reasonable care to protect such confidential information and to prevent the use or disclosure of it to any third party. Any breach of this section may result in irreparable harm to Green Tank and that monetary damages may not be sufficient, therefore Customer agrees that Green Tank will be entitled to equitable relief with regards to any breach of this section, without waiving any of our its rights or remedies.
  9. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GREEN TANK’S LIABILITY TO CUSTOMER FOR ALL MATTERS RELATING TO THE PRODUCTS SHALL BE LIMITED TO THE DOLLAR AMOUNT OF THE INVOICE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GREEN TANK BE LIABLE TO CUSTOMER OR ITS AFFILIATES FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, IN EACH CASE, ARISING OUT OF OR RELATING TO THE PRODUCTS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  10. These terms and conditions constitute the entire agreement between the parties relating to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties with respect to such subject matter. These terms and conditions may not be amended without the prior written approval of Green Tank. These terms and conditions will be governed by and construed in accordance with the local domestic laws of the Province of Ontario and the federal laws of Canada applicable therein and will be treated in all respects as an Ontario contract. These terms and conditions will enure to the benefit of, and be binding upon, the permitted successors and the assigns of the parties.
  11. The parties agree that the payment of the deposit, or if no deposit is due, the receipt of the Product by Customer will represent acceptance of these terms and conditions. If any provision of these terms and conditions is determined to be illegal, invalid or unenforceable by an arbitrator or any court of competent jurisdiction from which no appeal exists or is taken, that provision will be severed from these terms and conditions and the remaining provisions will remain in full force and effect.