This Site is only available for use by Canadian residents having a
Canadian mailing address and only ships products to addresses in Canada.
1. Ordering Process
All advertisements on the Site are invitations to purchase and not
offers to sell. O'Brians Automotive Inc. reserves the right, at its sole
discretion, to accept or reject the order once you have completed and
placed your order.
You will receive online confirmation that your order has been
received by O'Brians Automotive Inc. after you place your order on the Site.
This online confirmation that your order has been received by
O'Brians Automotive Inc. does not constitute acceptance of your order. Rather,
the confirmation of acceptance of your order will be delivered via an
automatic e-mail to the e-mail address associated with your account.
In some instances, you may have the opportunity to pre-order products
(Such as new model Mazda's not yet released) on londonderrydodge.com
before they are available for sale. When you place a pre-order, your
credit card will be Charged for a deposit to hold the vehicle with the
balance owing on delivery. If O'Brians Automotive Inc. changes its price
between when you preorder and when your vehicle is picked up, you will
be charged the lower of the two prices. Taxes and fees will apply as of
the date of Delivery. Delivery will occur after the release date, which
is set by the manufacturer or distributor, and is subject to change.
Quantities of items available on preorder may be limited.
2. Rejection or Cancellation of Orders
There may be certain orders that O'Brians Automotive Inc. must reject before
acceptance or cancel after acceptance. O'Brians Automotive Inc. reserves the
right at any time after receipt of your order to accept or reject your
order for any reason and O'Brians Automotive Inc. will contact you at the
e-mail address provided in the order form of its decision to accept or
reject your order. In the event that O'Brians Automotive Inc. rejects the
order, O'Brians Automotive Inc. will have no obligation to fulfill your order
and you will have no obligation to pay Sherwoood Mazda for the order.
O'Brians Automotive Inc. also reserves the right, at its sole discretion, to
cancel any order after acceptance for any reason. Some situations that
may result in your order being rejected or cancelled include:
• Limitations on quantities available for purchase;
• Inaccuracies or errors in product or pricing information;
• A product recall on the item that you have purchased; or
• Problems identified by O'Brians Automotive Inc.'s credit and fraud avoidance department.
O'Brians Automotive Inc. may also require additional verifications or
information before accepting any order. O'Brians Automotive Inc. will contact
you if all or any portion of your order is rejected after your order has
been placed, but before it is accepted by O'Brians Automotive Inc. or if
additional information is required to accept your order.
3. Availability and Description of Products
The purchase of products on the Site is subject to availability. In
the event that O'Brians Automotive Inc. advises you that any products are no
longer available, O'Brians Automotive Inc. will have no obligation to fulfill
your order and you will have no obligation to pay O'Brians Automotive Inc. for
Product descriptions, representations, warranties, guarantees and
performance claims are provided by our vendors and are not independently
verified by O'Brians Automotive Inc.. The accuracy of such representations is
the sole responsibility of the vendors. While the Site attempts to be
accurate in its product descriptions, O'Brians Automotive Inc. does not
represent or warrant that product descriptions or other content on this
Site is accurate, complete, reliable, current, or error-free. If you
find that a product you purchase is not as described, your sole remedy
is to return it in accordance with O'Brians Automotive Inc.'s Return Policy
By confirming your purchase at the end of the check out process, you
agree to pay O'Brians Automotive Inc. the amount set out as the ORDER TOTAL in
the Confirm Order and Shipping Address section of the checkout process,
subject to adjustment as described herein (the “Purchase Price”). The
ORDER TOTAL is quoted in Canadian dollars and includes shipping and
handling fees, any applicable environmental or other additional fees,
and an estimate of all applicable taxes. The Purchase Price will be
charged in Canadian dollars to your selected credit card by Londonderry
Dodge in one or more charges as each product is shipped. Please note
that actual sales taxes are calculated on items as they ship, and
therefore, due to mathematical rounding, there may be a slight
adjustment to actual sales taxes owed and included in the Purchase Price
from those estimated in your Order Total.
In the event that an item is listed at an incorrect price due to an
error in pricing, O'Brians Automotive Inc. will have the right, at Londonderry
Dodge's sole discretion, to reject or cancel any orders placed for that
item. In the event that an item is mispriced, O'Brians Automotive Inc. may, at
its discretion, either contact you for instructions or cancel your order
and notify you of such cancellation.
For your convenience, the Site lists some products that are carried
in the dealership, however, please note that products and prices
available for online purchase on the Site may not be the same as those
available at O'Brians Automotive Inc. dealership. Store pricing and offers will
sometimes differ from online prices and offers. Unless otherwise
stated, all Was/Is pricing or other offers available on the Site refer
to prices offered nationally on the Site only.
5. Method of Payment
You may pay for your purchase using VISA, MasterCard or American
Express and you authorize O'Brians Automotive Inc. to charge the applicable
card for the hold deposit or Purchase Price and you represent and
warrant that you are the cardholder of the applicable card. If your card
is rejected by the card issuer, your order will not be shipped and
O'Brians Automotive Inc. will have no obligation to fulfill your order.
All billing and registration information provided by you to
O'Brians Automotive Inc. must be truthful and accurate. Providing any
untruthful or inaccurate information constitutes a breach of these Terms
Your order will be shipped to you by one of O'Brians Automotive Inc.'s third
party carriers. The exact carrier delivering your item(s) will be
identified in the shipping confirmation email you will receive once your
order has shipped.
O'Brians Automotive Inc. is not responsible for any loss of the products
following shipment from O'Brians Automotive Inc.’s or its agents’ or
mandataries’ facilities to your delivery address.
The products you purchased may be shipped to you separately. If your
products are shipped separately, the Purchase Price for your items,
which includes the shipping fees, will be charged to your selected
credit card by O'Brians Automotive Inc. in one or more charges, as products are
7. Cancellation, Returns, Refunds, and Exchanges
You may have certain statutory rights to cancel your order under
applicable provincial consumer protection laws and O'Brians Automotive Inc.
will respect all such applicable laws.
In addition to these statutory rights, returns of product purchased
on the Site are governed by O'Brians Automotive Inc.’s Return Policy. Please
review the Return Policy and print and retain a copy for your records.
O'Brians Automotive Inc. will not exchange orders made online. Rather,
customers who want to exchange an item purchased on the Site will have
to return their purchase in accordance with O'Brians Automotive Inc.’s Return
Policy and then place a new order for the item they want.
You are responsible for the security of your account and password.
O'Brians Automotive Inc. shall not be liable for any damages and expenses
arising out of or relating to any unauthorized use of such account or
O'Brians Automotive Inc.’s personal information practices on the Site,
including the collection, use and/or disclosure of your personal
information and/or financial information, are governed by Londonderry
copy for your records.
10. Changes to the Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in
effect on the date that you place your order, as made available to you
when you complete the check out process. O'Brians Automotive Inc. may modify
its Terms of Sale from time to time in accordance with applicable laws.
Any such modification will apply to any order placed after the effective
date of the modification. Therefore, each time you place an order with
O'Brians Automotive Inc. you represent that you have accessed, read and
accepted the Terms of Sale applicable to and governing that order.
11. Terms Applicable to Specific Products or Services
Certain products sold by O'Brians Automotive Inc. are subject to
environmental handling, recycling, or disposal fees. These fees vary by
product and by province. The fees are collected and remitted by
O'Brians Automotive Inc. to environmental management programs implemented in
Alberta, and are used to cover costs of recycling, collection, handling,
transportation and disposal of products. For more information on
individual programs, please visit the website of the environmental
management program(s) or government agencies in your area.
12. Disclaimers of Warranties
Certain goods offered on this Site may have warranties that apply to
them if noted on the applicable product page of this Site. These
warranties are provided by the manufacturer of these products and not by
O'Brians Automotive Inc.. To the maximum extent permitted by applicable laws,
O'Brians Automotive Inc. disclaims all warranties and conditions of any kind,
whether legal, express or implied (including warranties and conditions
of merchantable quality, merchantability, quality or fitness for a
particular purpose and non-infringement), relating to this Site or any
content, information or goods accessed, offered, purchased or sold
through this Site or their use, suitability or availability or any
transaction conducted on this Site, whether arising from statute, course
of dealing, usage of trade or otherwise.
O'Brians Automotive Inc. makes no representations or warranties and provides
no conditions in connection with this Site or any content, information
or goods accessed or offered through this Site or their use.
Some jurisdictions do not allow the limitation on implied warranties
and conditions. If these laws apply to you, some or all of the above
disclaimers may not apply to you.
13. Limitations of Liability
In no event shall O'Brians Automotive Inc. be liable for any direct,
indirect, incidental, special, exemplary, punitive or consequential
damages of any nature (including loss of use, loss of data, loss of
profit and loss of savings) to you including for damages arising in
connection with or relating in any manner whatsoever to: (A) this Site;
(B) any content, information or goods accessed, offered, purchased or
sold through this Site or their use, suitability or availability
(including the inability to use); (C) any transaction conducted on this
Site; and (D) any unauthorized access to or alteration of your data.
If the above exclusion or any portion thereof is found to be invalid
or unenforceable for any reason, then the aggregate liability of
O'Brians Automotive Inc. for damages of any nature suffered by you shall in no
event exceed the Purchase Price of your transaction.
The above exclusion and limitation of liability shall apply whether
or not a claim is in contract, tort (including negligence and product
liability), strict liability, restitution, breach of statute or any
other theory of law and even if O'Brians Automotive Inc. had been advised or
had reasons to know of the possibility of such damages. In this Section
13, reference to “O'Brians Automotive Inc.” means O'Brians Automotive Inc. and its
affiliates and their respective officers, directors, employees,
contractors, mandataries and agents.
You acknowledge that the goods sold on the Site, which may include
technology and software, may be subject to applicable customs and export
control laws and regulations. By purchasing technology or software from
the Site, you agree to abide by all such applicable laws and
15. Applicable Law
These Terms of Sale will be governed by the laws of the province of
Alberta and the laws of Canada applicable therein unless the applicable
laws of your province of residence require that the laws of such
province govern, in which case, the laws of such province are to govern.
The exclusive jurisdiction for any claim, action or dispute with
O'Brians Automotive Inc. or relating in any way to your use of the Site or a
purchase made on the Site will be in the courts of the province of
Alberta unless required otherwise by applicable laws of your province of
These Terms of Sale together with the details of your order and the
agreement between you and O'Brians Automotive Inc. with respect to any purchase
made by you on the Site and supersede all previous agreements,
understandings and representations relating thereto. If any provision of
these Terms of Sale is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it
enforceable and the other terms of these Terms of Sale shall remain in
full force and effect. The delay or failure of O'Brians Automotive Inc. to act
with respect to a breach of these Terms of Sale by you or others does
not constitute a waiver and shall not limit O'Brians Automotive Inc.'s rights
with respect to such breach or any subsequent breaches. Londonderry
Dodge shall not be liable for any delay or failure to perform any of its
obligations under these Terms of Sale if such delay or failure is due
to causes beyond its control including, without limitation,
weather-related and other uncontrollable shipping delays. You may not
assign these Terms of Sale to any third party without the prior written
consent of O'Brians Automotive Inc.. These Terms of Sale will be binding upon
and will enure to the benefit of (i) you and your heir, executor,
administrator and other legal representatives; and (ii) Londonderry
Dodge and it successors and assigns. In the event of an inconsistency
Terms of Sale shall prevail. It is the express wish of the parties that
these Terms of Sale and all related documents be drawn up in English.
C'est la volonté expresse des parties que la présente convention
ainsi que tous les documents qui s'y rattachent soient rédigés en
You may contact O'Brians Automotive Inc. by any of the numbers listed on our hours and directions page or by going to our contact page.
By accepting these Terms of Sale, you represent and warrant that you
are of the age of majority in your jurisdiction. If you are not of the
age of majority, you may use this Site only under the supervision of a
parent or legal guardian who agrees to be bound by these Terms of Sale.
If you are a parent or legal guardian agreeing to these Terms of Sale
for the benefit of an individual under the age of majority, be advised
that you are fully responsible for his or her use of this Site,
including all financial charges and legal liability that he or she may
Last updated: September 19, 2012