Podi.ca | Gauge solutions for Audi and VW

These Terms and Conditions of Sale ("Terms and Conditions") apply to you (the user of the web site at www.podi.ca (the "Site"), and Churchill Manufacturing Limited DBA podi.ca Custom Car Parts ("we," "us" or the "Seller") regarding the purchase by you of any product or service available on the Site which you order through the Site’s on-line ordering and payment mechanism.  Please read them carefully, and if you accept them, click the "I Agree" button, below; if you do not agree, click the "I do not agree" button and you will be taken out of the Site’s ordering mechanism.   These Terms and Conditions will apply to you whether or not you read them thoroughly, and we therefore advise you to read before you click.

1.	PURCHASE TERMS
1.1	Price.   You agree to pay the price stated on the Site, as indicated and confirmed through the on-line order processing system used by the Site (the "Ordering System"), for any and all items which you order through the Ordering System (each such item referred to in these Terms and Conditions as an "Item").  Payment will be by credit card or such other mechanism or method as the Site permits; however, if such payment fails as a result of a default by you or refusal by a payment intermediary, you will remain liable for the total price set out in the Ordering System, including all taxes and shipping and handling charges, and for any costs incurred by us to enforce such payment, including attorney’s fees.  Further, any amount owed by you to us and not paid in a timely manner will accrue interest at a rate of 2.0% per month, compounded monthly.
1.2	Passing of Title and Delivery Terms.   Upon our receipt of payment (or electronic confirmation of payment) for any Item, legal title to, and therefore all risk in relation to, that Item will pass to you, and we will not be liable for any damage to any Item once it has been shipped.  Shipping terms, including the availability of insurance, are described in the process of using the Ordering System; if those terms are not satisfactory to you, click "I do not agree" below, and contact one or our resellers, or contact us directly using the contact information available on the Site, to determine whether a reseller is in a position to provide the Item to you on terms you consider satisfactory.  The shipping and insurance terms our resellers offer are completely within the resellers’ discretion.

2.	INTELLECTUAL PROPERTY
2.1	Copyrights, Trade Marks, and Industrial Designs; No Copying.   Various items available on the Site are the subject of U.S., Canadian, and international copyrights, trade marks and industrial design registrations.  Without limiting effect of section 2.1 or of the general laws relating to such forms of intellectual property, you may not to build, design, or otherwise create any product which is a copy of, or otherwise based in any way upon, any item pictured, described or available on the site (whether you order such an item or not), nor may you use any logo, design, emblem or other trade mark visible on the Site or on any item available on the Site, without our express prior written permission, which we may withhold in our discretion.

3.	LIMITATIONS AND EXCLUSIONS
3.1	Exclusion of Warranties and Conditions.   Any Item provided to you by us, through the Site or otherwise, is provided to on an "AS IS" and "AS AVAILABLE" basis, and we expressly disclaim to the maximum extent permitted by law any and all representations, warranties and conditions of any kind whatsoever, express or implied by law (in contract or in tort) or by custom, including but not limited to those regarding merchantability, fitness for purpose, durability, correspondence to sample, title, design, condition, and quality.  Without limiting the foregoing, we do not warrant that any Item will meet your requirements.
3.2	Exclusion of Indirect Damages.   Without limiting the effect of sections 3.1 and 3.3, in no event will we be liable to you or to any other party for indirect damages or losses (in contract or tort), including but not limited to damages for lost profits, lost savings, or incidental, consequential, or special damages, in relation to any Item.
3.3	Limitation of Liability.   If, for any reason, despite sections 3.1 and 3.2, we are found liable to you for damages of any kind whatsoever, our aggregate liability to you or to any other party in relation to an Item acquired by you, regardless of the form of action (in contract or tort), will be limited to the price paid by you for such Item, excluding shipping, handling and taxes.
3.4	Limitation of Time.   Without limiting the effect of any other provision of these terms and conditions, you may not bring any action against us in relation to any Item if a year or more has passed since the date upon which you ordered the Item through the Site.
3.5	Notice.   Depending upon your location, one or more of the above provisions may not apply to you, and you may have additional rights.

4.	GENERAL
4.1	Complete Agreement.   These Terms and Conditions, combined with any stipulations or further details provided by the Ordering System, constitute the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof, and supersede any and all prior representations, understandings and all other agreements, oral or written, express or implied, between the parties relating to the matters contained herein.  Without limiting the foregoing, the language or general content of the Site is subordinate to these Terms and Conditions. 
4.2	Governing Law and Attornment.   These Terms and Conditions will be interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein without reference to principles of conflicts of laws, and the courts in Vancouver, British Columbia, Canada and the courts of appeal therefrom will have exclusive jurisdiction to hear and determine all proceedings in relation thereto.  The parties each hereby irrevocably attorn to the jurisdiction of the courts of the British Columbia and the Supreme Court of Canada for such purposes.
4.3	Assignment.   Neither an order you place through the Ordering System nor your obligations under these Terms and Conditions may be assigned by you without our prior written consent. 
4.4	Amendment.   These Terms and Conditions may not be modified or altered except by written instrument duly executed by both parties.
4.5	Severability.   If any provision of these Terms and Conditions is be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will in no way be affected or impaired thereby.
4.6	Non-Waiver.   The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder.

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podi.ca 1726 Ross Road, North Vancouver, BC V7J1V7 Canada - phone: (800) 861-PODI (7634), fax: (800) 861-7634 - Terms & conditions: Podi.ca is not related to the Volkswagen/Audi AG, nor any other company mentioned on the site unless otherwise stated. All photographic material and or text on the podi.ca web site is the restricted / copyright private property of podi.ca or privately used with permission of the original owner. Patent Notice - Canadian Industrial Design No. 116788, European Community Design Registration No. 000570296-0001, US Patents: D538,720; D593,913; D593,914; D611,884 and other patents pending.