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Second Hand Depot Company
(hereinafter "Seller")

1. Every sale and delivery by the Seller is based on the following terms and constitutes the entire understanding and Agreement between the Seller and "Buyer" (collectively the "parties").

Prices and Delivery:
2. Prices agreed upon are exclusive of all taxes and duties.
Unless otherwise agreed, the prices and delivery terms are not included in the cost of Seller's usual packing. Any request by the Buyer for delivery, or special or export packing will be charged separately.
In stock-out situations, Seller shall make every reasonable effort to meet quoted/acknowledged delivery dates, but shall not be liable in any manner for failure to meet such dates.
3. Payment shall be made by Cashier Cheque or Money Order prier to shipment or delivery of purchased products. Shipping cost are not included in sold products prices and must be paid by the buyer if shipping cost if applicable

4. The Products sold hereunder remain Seller's property until full payment is effected to the Seller.

5. Seller's responsibility for the Products stops and the risk passes on to the Buyer on delivery to Buyer, his agent, carrier, transport company, mail or courier. The Carrier, Transport Company and mailing and courier services shall be deemed to be the agents of the Buyer and consequently any expense, damage or loss occurring during transportation has to be borne solely by the Buyer.

Products return:
6. Products once sold will not be taken back or replaced.

7. Except for individual written warranties supplied with the Products, the Seller does not accept and will not be liable for any warranties whether oral express or implied. In particular no implied or statutory warranties of merchantability or fitness for particular purpose shall apply.

Limitations of Liability:
8. The total liability of Seller, on any claim, whether in contract, warranty, tort (including negligence or patent infringement) or otherwise, arising out of, connected with, or resulting from the performance or nonperformance of any agreement resulting from the sale, delivery resale, repair, replacement or use of any Product or the furnishing of any service, shall not exceed the price allocable to the Product or service which gives rise to the claim.
9. In no event, whether as a result of Product defect/malfunction, breach of contract, warranty, tort (including negligence or patent infringement) or otherwise, shall Seller be liable for any special, consequential, incidental, indirect or exemplary damages, including, but not limited to, loss of profit or revenues, loss of use of the Products or any associated equipment, cost of capital, cost of substitute goods, facilities, services or replacement power downtime costs or claims of Buyer's customers for such damages. If Buyer transfers title to, or leases the Products or sold to, or otherwise permits or suffers use by, any third party, Buyer shall obtain from such third party a provision affording Seller the protection of the proceeding sentence.
10. If Seller furnishes Buyer with advice or other assistance which concerns any Product supplied, or any system or equipment in which any such Product may be installed, the furnishing of such advice or assistance shall not subject Seller to any liability, whether in contract, Warranty, tort, (including negligence or patent infringement) or otherwise.

11. (i) The delegation or assignment by Buyer of any or all of its duties or rights without Seller's prior written consent shall be void,
(ii) Buyer shall not use or export or re-export any Products or materials or information purchased/received from the Seller (or any copies thereof) in violation of any applicable laws or regulations of UAE, USA, Canada or the United Nations. Buyer shall at all times comply with any applicable UAE, USA, Canada or the United Nations or other laws and regulations related to the use and export of the Products or materials or information.
(iii) The provisions of any agreement resulting hereafter are for the benefit of the parties hereto and not for any other person except as specifically provided herein.
(iv) Buyer may terminate an order only upon paying Seller its termination charges determined in accordance with Seller's standard accounting practices upon submission of Seller's invoices therefore. Termination of an order shall not relieve either party of any obligation arising out of work performed prior to termination.
(v) As used throughout this instrument, (i) the term Product (or Products or goods) is defined to include all equipment, materials, supplies, components, services, engineering and design, in other words all work which Seller has supplied and/or contracted to supply.
(vi) The obligations of each party under this Agreement shall be suspended during the period and to the extent that such party is prevented or hindered from complying therewith by any cause beyond its reasonable control. 
(vii) The invalidity, in whole or in part of any Article or Paragraph thereof shall not affect the validity of the remainder of such Article or Paragraph or of any agreement resulting wherefrom.
(viii) The validity, performance and all matters relating to the interpretation and effect of this Agreement and all disputes and/or differences resulting therefrom and any amendment thereto shall be governed by the laws of Canada.

12. All disputes arising in connection with this contract shall be settled in the Court of Law. It is to be governed by and construed under the laws of the Province of Manitoba and Canada. The federal and provincial courts of the Province of Manitoba shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Client hereby expressly consents to (1) the jurisdiction of the courts of Manitoba and (2) service of process being effective upon it by registered mail sent to the address set forth at this site

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