Terms and Conditions

Last Updated July 29, 2025

All sales of products (the “Products”) by MettleAirStore.ca (hereinafter referred to as “MettleAir”) to any buyer, whether in Canada, the United States, or internationally (each a “Buyer” and collectively the “Buyers”), are subject to the following terms and conditions (the “Terms”), which form an integral part of the contract for the sale of Products by MettleAir. Any modifications to these Terms must be made in writing and signed by an authorized representative of MettleAir. Unless otherwise agreed in writing by MettleAir, these Terms shall prevail over any conflicting terms submitted by the Buyer in connection with any order.

 

1. ORDERS AND DELIVERIES

1.1 Order Acceptance: All orders are subject to written acceptance by MettleAir.

1.2 Delivery Schedules: Delivery schedules (even if accepted or agreed to in writing by MettleAir) are tentative and based upon the best information available at the time of quotation or acceptance of an order. MettleAir will take all reasonable steps to meet delivery schedules.

1.3 Failure to Accept Deliveries: The Buyer shall arrange for the acceptance of the Products in accordance with the agreed-upon delivery schedule. If the Buyer fails to accept the Products, MettleAir may arrange for storage at the Buyer’s expense. The Buyer shall be liable for all storage charges.

1.4 Buyer’s Default: If the Buyer wrongfully rejects or revokes acceptance of the Products, fails to make payment due on or before delivery, or repudiates all or part of the contract, MettleAir may withhold delivery, stop delivery, cancel the contract, and/or sue for damages. If the Buyer causes a delay in the delivery of Products, MettleAir, at its option, may extend the delivery period and may cancel the delayed delivery. MettleAir reserves the right to recoup any expenses or damages caused by such delays.

1.5 Communication Errors: MettleAir is not liable for damages or losses caused by verbal miscommunication, which includes in-person, phone, voicemail, and recorded message exchanges

2. PRICES

2.1 Price Changes: All prices are subject to change without prior notice. However, price changes will not apply to orders that have already been accepted by MettleAir.

3. RETURN POLICY

3.1 Return Approval: Returns are subject to MettleAir’s sole discretion and require prior written approval. Only unused products, in their original packaging and suitable for resale, will be considered if received within 30 days of the original order date. Custom-order products, including non-stock items, are not returnable.

3.2 Restocking and Refund Terms: Approved returns are subject to a restocking fee, the amount of which will be determined by MettleAir at the time of return authorization. Refunds will be issued for the original purchase price of the product only. Shipping charges and any additional fees are non-refundable.

4. ORDER CANCELLATIONS

Cancellations are only accepted before an order has shipped. Once an order has been shipped, it is subject to our return policy. Please note that custom products cannot be canceled under any circumstances.

5. DESIGNS AND PUBLISHED DATA

All designs, specifications, and product information are subject to change without notice. MettleAir assumes no responsibility for modifications to Products already supplied. While the published data is considered sufficiently accurate for general use, MettleAir disclaims any liability for errors or omissions.

6. WARRANTY

6.1 Warranty Coverage: MettleAir warrants to the Buyer that its Products will be free from defects in material and workmanship for a period of 12 months from the date of shipment, provided the Products are used as intended and maintained in accordance with MettleAir’s or the manufacturer’s specifications.

6.2 Warranty Remedy: If a warranty defect arises, MettleAir will, at its sole discretion, repair or replace the defective product, or refund the original purchase price. This repair, replacement, or refund constitutes the Buyer’s sole and exclusive remedy under the warranty. MettleAir shall not be responsible for the removal of defective products or the installation of replacement parts.

6.3 Warranty Exclusions: MettleAir is not responsible for Products damaged due to inadequate installation, handling, operation, maintenance, misuse, or modification by the Buyer or third parties, or due to acts of God.

6.4 Warranty Disclaimer: Unless explicitly stated in the order confirmation, MettleAir makes no warranty regarding compliance with laws, regulations, or specifications in any jurisdiction.

6.5 Disclaimer of Implied Warranties: This warranty is provided in lieu of all other express or implied warranties. MettleAir expressly disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose.

7. LIMITATION OF LIABILITY

7.1 Limitation of Damages: MettleAir is not liable for indirect, special, incidental, consequential, or punitive damages, including lost profits or revenue. Total liability shall not exceed the invoiced purchase price of the Product giving rise to the claim.

7.2 Risk and Liability: MettleAir’s pricing reflects an agreed allocation of risk and limitation of liability, effective to the fullest extent permitted by law. Limitations prohibited by law will be modified but remain effective as far as possible.

7.3 Governing Law and Dispute Resolution: These Terms are governed by Ontario law. Disputes will be resolved exclusively in courts of Toronto, Ontario. Alternative dispute resolution options provided by applicable regulatory bodies may be available for international or cross-border buyers.

8. SHIPPING & DELIVERY

8.1 Shipping Protection: We take extra care to package all orders securely, with bubble wrapping or padding to protect against shipping damage.

8.2 Expedited/Next Day Service: Orders placed before 3:00 PM Eastern Time will be shipped the same day. Orders placed after 3:00 PM will be processed and shipped on the next business day.