TERMS AND CONDITIONS OF PRODUCT SALE

1. Offer and Governing Provisions. Unitool Inc. (?Unitool?) is pleased to offer for sale in the U.S.A., subject to availability, the products manufactured, distributed or marketed by Unitool ('Product') subject to the following terms and conditions. You ('Customer' or 'you') agree and represent that you are buying the Product for your own use in the U.S.A. and not for resale. Your placement of an order for Product constitutes your unconditional acceptance of the following terms and conditions. These terms and conditions are subject to change without prior written notice at any time and in Unitool?s sole discretion.

2. Unitool warrants Customers that the Product is free from defects in workmanship and materials. Unitool will repair or replace Product, which fails to give satisfactory service due to defective workmanship and materials. Repair or replacement shall be at the election and expense of Unitool and is the Customer's exclusive remedy in place of all other rights and remedies. For Product warranty service, please call Unitool at 1-800-361-0417 or write to order@unitool.com

LIFETIME WARRANTY

Our products are guaranteed against defects in workmanship or material. Any tool failing to live up to this warranty will be replaced or repaired free of charge, provided it is returned transportation charges prepaid to our Repair Center in Montreal, Canada.

LIMITED WARRANTY

The warranty of all air tools and equipment is limited to 90 days from date of purchase. This warranty is limited to the repair or replacement of the defective tool.

NON-WARRANTED TOOLS

As generally recognized because of their nature, certain tools are subject to normal wear or abuse, therefore are not covered by our warranty, including but not limited to drill bits, saw blades, grinding wheels, sanding wheels, knife blades, files, tap & dies.

Unitool DOES NOT provide any warranty for: (1) Product labeled other than Unitool & Vivatool; or (2) Product subjected to ?abnormal use?.  For the purposes of the foregoing, 'abnormal use' includes willful damage, misuse, accident, modification, unreasonable use, neglect, lack of maintenance, use in production-related service, or use after the tool is significantly worn.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, GUARANTEES, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING OUT OF A COURSE OF CONDUCT OR USAGE OF TRADE. UNITOOL AND ITS AFFILIATED COMPANIES EXPRESSLY DISCLAIM AND EXCLUDE ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. UNITOOL?S SOLE RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT OF PRODUCT WITHIN THE APPLICABLE WARRANTY PERIOD AS DESCRIBED ABOVE.  THE FOREGOING PROVISIONS SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS OF PRODUCT SALE. Descriptions of Product contained in this website are for the sole purpose of identifying Product and shall not be construed as an express warranty.

3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER UNITOOL NOR ANY OF ITS AFFILIATED COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL COSTS AND DAMAGES OR ANY OTHER LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO ANY PRODUCT SOLD BY UNITOOL, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNITOOL AND ALL OF ITS AFFILIATED COMPANIES SPECIFICALLY DISCLAIM ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, LOSS OF USE OF PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, DOWN-TIME, SHUT-DOWN OR SLOW-DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, OR FOR CLAIMS OF YOUR CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS OF PRODUCT SALE AND SHALL SURVIVE ANY TERMINATION HEREOF.

4. Notice of Product Design. Unitool reserves the right to make changes in design or construction of any Product at any time without incurring any obligation to incorporate such changes in Product previously sold. Unitool also reserves the right to discontinue the manufacture or offering for sale of any Product at such time as Unitool considers necessary.

5. Tool Dimensions. Dimensions shown on this website have been rounded up to the nearest fractional size or nearest tenth millimeter and are not exact product specifications.

6. Payment. All prices for Product reflected on this web site are stated in U.S. dollars (currency of the United States of America) unless indicated otherwise and are subject to change without notice. You agree to pay Unitool the stated price for each Product you order, plus any applicable taxes, duties, levies and shipping and handling costs, by providing your valid credit card information to Unitool at the time you place your order. You authorize Unitool to charge your credit card for your Product order when Unitool processes your order. Once your order is received, Unitool will confirm your order by return e-mail.

7. Shipping; Title; Risk of Loss. Provided that all Products ordered are in stock in the quantities requested, your order will be shipped and delivered within 10 days from the date it is received, unless we advise you otherwise at the time of processing. All orders will be shipped via UPS in the manner selected by you on your order form.  Title to Product will pass from UNITOOL to you on shipment from Unitool?s facilities located in Montreal, Quebec, Canada. Loss or damage that occurs during shipping by a carrier selected by Unitool is Unitool's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Unitool reserves the right to make delivery of Product in installments.

8. Returns. You may return any Product purchased from this Site for any reason within 30 days of delivery. To return a Product, you must call 1-800-361-0417 or email a return request to order@unitool.com to request a Return Goods Authorization form ('RGA'). The RGA will provide detailed instructions on the return process. Upon Unitool's receipt and confirmation of the returned Product, your credit card will be credited for the full amount of your purchase excluding original shipping and handling fees paid. In the case of a defective Product or a Product damaged in shipping, you may choose to have the Product replaced with the identical Product, or if the Product shipped was not the Product ordered by you, you may elect to have the correct Product shipped. Only Product purchased from this Site can be returned in this fashion. Customer will be responsible for shipping charges for Product returns except in cases of the incorrect Product being shipped by Unitool, or in the case of a damaged or defective Product or a Product damaged during shipping.

9. Delay.  Unitool and its affiliates shall not be liable for any damage as a result of any delay or failure to deliver Product due to any cause beyond Unitool's reasonable control, including, without limitation, any action taken by you, any act of God, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay. Your exclusive remedy for other delays and for Unitool's inability to deliver for any reason shall be rescission of the sale of Product.

10. Governing Laws. These Terms and Conditions of Product Sale, and your use of this website, shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada and shall be treated in all respects as a Quebec contract, without reference to principles of conflicts of laws. In the event of a dispute, the parties agree to submit to the non-exclusive jurisdiction of the courts of the Province of Quebec. The rights and obligations of the parties hereunder shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods.

11. Personal Information.  Your personal information will be collected, used, and disclosed for the purpose of providing you with the Product you have ordered, responding to your inquiries, advising you of our specials, and collecting your account.

12. General.  Any provision of these Terms and Conditions of Product Sale which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms and Conditions of Product Sale or affecting the validity or enforceability of such provision in any other jurisdiction.  Unitool?s failure to enforce any provision of these Terms and Conditions of Product Sale will not constitute a waiver of Unitool?s right to subsequently enforce such provision or any other provision of these Terms and Conditions of Product Sale.  These Terms and Conditions of Product Sale shall endure to the benefit of and be binding upon each of Unitool and Customer, and their respective successors and permitted assigns.  It is the express wish of the parties that these Terms and Conditions of Product Sale are drawn up in English.  C'est la volonté expresse des parties que cette convention soit rédigée en anglais.

13. Unitool Contact Information.  The Products made available for sale on this web site are offered by Unitool Inc.

9220 Charles de Latour,

Montreal, Quebec

H4N 1M2, Canada

Tel: (514) 384-9102

Toll free tel: 1-800-361-0417

Fax: (514) 383-4963

Toll free fax: 1-800-361-0112

E-mail address for orders: order@unitool.com

E-mail address for general inquiries: info@unitool.com