TERMS, ORDERS & CUSTOMER RESPONSIBILITIES

Terms of Service

This website is operated by GTA Commercial Refrigeration. Throughout this website, the terms “we,” “us,” “our,” and “GTA Commercial Refrigeration” refer to GTA Commercial Refrigeration.

We provide this website, including the information, products, tools, features, and services available through it, subject to your acceptance of these Terms of Service (“Terms”), our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies or notices posted on our website.

By accessing our website, creating an account, submitting an order, requesting a quotation, purchasing a product, or otherwise using our services, you agree to these Terms. If you do not agree with these Terms, you should not use our website or purchase products through it.

Nothing in these Terms is intended to exclude, restrict, or waive any right or remedy that cannot lawfully be excluded under applicable law. Our online store is hosted by Shopify Inc., which provides the e-commerce platform used to offer our products and services.

01
CUSTOMER RESPONSIBILITY

Commercial Equipment & Customer Responsibility

Our products are primarily commercial refrigeration and food-service equipment intended for commercial applications.

Before purchasing any equipment, the customer is responsible for confirming that the selected product is suitable for its intended application and installation location.

This includes verifying, where applicable:

  • Product dimensions and capacity
  • Doorway, hallway, elevator, and building access
  • Required clearances
  • Voltage, amperage, phase, and electrical requirements
  • Plug or hardwiring requirements
  • Drainage and water connections
  • Ventilation and airflow requirements
  • Refrigeration specifications
  • Gas or utility requirements
  • Installation requirements
  • Local building, electrical, fire, health, or other regulatory requirements

Unless specifically confirmed by us in writing, GTA Commercial Refrigeration does not guarantee that a particular product will fit a customer's premises or meet a specific intended application.

If the equipment supplied matches the product ordered, the customer remains responsible for suitability and installation, except where otherwise required by applicable law.

02
GENERAL USE

General Conditions

We reserve the right to refuse or limit service, sales, quotations, or orders where permitted by law.

You may not use our website or products for any unlawful or unauthorized purpose.

You may not reproduce, duplicate, copy, sell, resell, distribute, scrape, exploit, or otherwise use any part of our website, content, product information, photographs, graphics, branding, or services without our prior written permission.

We reserve the right to modify, suspend, restrict, or discontinue any portion of our website or services at any time.

03
PRODUCT DETAILS

Product Information

We make reasonable efforts to provide accurate product information. However, product photographs, descriptions, specifications, dimensions, capacities, colours, features, accessories, and other information may occasionally contain errors or may be changed by manufacturers without prior notice.

Product photographs are provided for general reference and may not always show the exact configuration, accessories, controls, finish, or specifications of the product delivered.

Customers should review the manufacturer's specifications and contact us before ordering if a particular measurement, feature, electrical requirement, accessory, or specification is critical to their purchase.

We reserve the right to correct errors, inaccuracies, or omissions at any time.

04
PRICING & STOCK

Prices, Taxes & Availability

Product prices and availability are subject to change without notice before an order is accepted.

Applicable taxes, shipping, delivery, or freight charges will be added where applicable.

We reserve the right to correct typographical errors, incorrect prices, technical errors, promotional errors, or other mistakes appearing on our website.

If a product has been listed at an incorrect price due to an error, we may cancel or decline the affected order where permitted by applicable law. If payment has already been collected for an order that we cancel, the applicable amount will be refunded.

Displaying a product on our website does not guarantee that it is currently in stock or immediately available.

05
ORDER PROCESSING

Orders & Order Acceptance

Submitting an order does not necessarily mean that the order has been finally accepted.

An automated order confirmation confirms that we have received your order information. We reserve the right, where permitted by applicable law, to review an order before accepting and fulfilling it.

We may refuse, limit, or cancel orders due to reasons including:

  • Product unavailability
  • Pricing or description errors
  • Payment authorization problems
  • Suspected fraud
  • Incorrect customer information
  • Supplier availability
  • Shipping restrictions
  • Quantity limitations
  • Other reasonable operational or compliance concerns

If we cancel an order after collecting payment, we will refund the applicable amount in accordance with applicable law.

06
CHANGES & CANCELLATIONS

Order Changes & Cancellations

Customers should carefully review their orders before completing a purchase.

Requests to change or cancel an order must be submitted as soon as possible.

Cancellation requests submitted within 72 hours are not automatically guaranteed.

An order may no longer be eligible for cancellation if it has already:

  • Been processed
  • Been prepared for shipment
  • Been transferred to a freight carrier
  • Been ordered from a supplier
  • Been specially ordered for the customer
  • Entered fulfillment or production

A cancellation is only confirmed when GTA Commercial Refrigeration provides written confirmation that the cancellation has been accepted.

If an order cannot be cancelled, the customer may be required to receive the product and request a return in accordance with our Return & Refund Policy.

07
CUSTOMER DETAILS

Billing & Customer Information

You agree to provide accurate, complete, and current billing, shipping, contact, and account information.

You are responsible for reviewing the following information before submitting your order:

  • Customer name
  • Company name, where applicable
  • Billing address
  • Delivery address
  • Email address
  • Telephone number
  • Product model
  • Quantity
  • Specifications

We are not responsible for costs or delays caused by incorrect information supplied by the customer, except to the extent required by applicable law.

08
FREIGHT & DELIVERY

Shipping & Delivery

Shipping and delivery dates provided by GTA Commercial Refrigeration are estimates unless expressly guaranteed by us in writing.

Delivery may be affected by circumstances outside our reasonable control, including:

  • Freight carrier schedules
  • Weather
  • Traffic
  • Mechanical issues
  • Supply-chain delays
  • Manufacturer delays
  • Labour disruptions
  • Remote delivery locations
  • Natural disasters
  • Government actions
  • Other transportation disruptions

To the fullest extent permitted by applicable law, we are not responsible for losses resulting solely from delays caused by independent freight carriers or circumstances outside our reasonable control.

Additional freight charges resulting from customer-related circumstances may be charged to the customer. These may include charges for:

  • Incorrect delivery addresses
  • Address changes
  • Re-delivery
  • Missed delivery appointments
  • Storage
  • Reconsignment
  • Limited-access locations
  • Special delivery requirements requested by the customer
09
DELIVERY INSPECTION

Freight Inspection & Shipping Damage

Customers are responsible for inspecting equipment and packaging promptly upon delivery.

For freight shipments, customers should inspect the shipment before signing the carrier's delivery documentation whenever reasonably possible.

If visible damage is present, the customer should:

  1. Clearly note the damage on the carrier's delivery receipt.
  2. Photograph the equipment and packaging.
  3. Keep all original packaging.
  4. Contact GTA Commercial Refrigeration immediately.

Concealed damage should also be reported as soon as it is discovered.

Failure to document freight damage promptly may affect our ability to submit or assist with a freight carrier claim.

Freight claims may be subject to the applicable carrier's inspection, documentation, and claims procedures.

10
RETURNS

Returns & Refunds

Eligible return requests must be submitted within 7 days after delivery.

All returns require prior authorization from GTA Commercial Refrigeration.

To qualify for an approved return, equipment must generally be:

  • Unused
  • Uninstalled
  • Unpowered
  • Undamaged
  • Complete
  • In resalable condition
  • In its original packaging
  • Returned with all accessories, shelves, manuals, components, and parts

Approved standard returns are subject to a 25% restocking fee.

The customer is responsible for both outbound and inbound transportation costs, including the original cost of shipping the equipment to the customer and the cost of transporting it back to us.

Original shipping, freight, delivery, and transportation charges are non-refundable unless otherwise required by applicable law.

Refunds are issued only after returned equipment has been received, inspected, and approved.

Additional deductions may apply for missing components, damaged packaging, damage to the equipment, or deterioration in condition where permitted by law.

Special-order, custom-order, clearance, or products identified as Final Sale may not be returnable.

Equipment that has been installed, connected, powered, used, modified, or damaged after delivery may not be eligible for return.

Customers must not return equipment without receiving prior return authorization.

Please review our complete Return & Refund Policy for additional details.

11
INSTALLATION

Installation

Unless installation is specifically included in a written quotation or invoice, the sale of equipment does not include installation.

Customers are responsible for arranging proper installation by appropriately qualified tradespeople where required.

GTA Commercial Refrigeration is not responsible for damage, malfunction, performance issues, property damage, or additional costs resulting from:

  • Improper installation
  • Incorrect electrical supply
  • Incorrect voltage or phase
  • Inadequate ventilation
  • Improper plumbing or drainage
  • Improper gas connections
  • Failure to follow manufacturer instructions
  • Unauthorized modification
  • Improper maintenance
  • Misuse of equipment

This section applies to the fullest extent permitted by applicable law.

12
WARRANTY COVERAGE

Warranties

Equipment warranty coverage varies by manufacturer, model, and product.

Unless GTA Commercial Refrigeration expressly provides a separate written warranty, manufacturer warranties are governed by the applicable manufacturer's warranty terms, limitations, procedures, and exclusions.

Customers may be required to provide proof of purchase, serial numbers, photographs, diagnostic information, or other documentation when making a warranty claim.

Warranty coverage does not automatically mean that every service call, labour charge, travel expense, diagnostic fee, installation issue, or transportation expense is covered.

Customers should review the warranty applicable to their specific equipment.

Nothing in this section limits rights or warranties that cannot lawfully be excluded.

13
EXTERNAL PROVIDERS

Third-Party Services & Links

Our website may include links, integrations, payment processors, freight services, applications, or other services provided by third parties.

We do not control all third-party services and are not responsible for their independent actions, availability, policies, systems, or content.

Your use of third-party services may also be governed by the terms and privacy policies of those providers.

14
PRIVACY

Personal Information

Your submission and use of personal information through our website is governed by our Privacy Policy.

We may use third-party providers, including Shopify and payment-processing services, to operate our website and process transactions.

Please review our Privacy Policy for information about how personal information is collected, used, disclosed, and protected.

15
WEBSITE OPERATION

Website Availability & Information

We do not guarantee that our website will always be uninterrupted, secure, error-free, or available.

Website information is provided for general product and purchasing purposes.

To the fullest extent permitted by law, GTA Commercial Refrigeration does not guarantee that all website information will always be complete, current, or error-free.

We reserve the right to correct website content at any time.

16
LEGAL LIMITATIONS

Limitation of Liability

To the fullest extent permitted by applicable law, GTA Commercial Refrigeration will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of our website, products, or services.

This may include, where legally permitted, claims relating to:

  • Lost profits
  • Lost revenue
  • Business interruption
  • Loss of food or inventory
  • Spoilage
  • Lost business opportunities
  • Loss of data
  • Downtime
  • Installation expenses
  • Replacement equipment
  • Third-party labour charges

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

17
LEGAL RESPONSIBILITY

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless GTA Commercial Refrigeration and its owners, employees, representatives, affiliates, contractors, and service providers from third-party claims, liabilities, losses, or expenses arising from your unlawful use of the website, violation of these Terms, infringement of third-party rights, or improper installation, modification, or use of equipment for which you are responsible.

18
CONTRACT TERMS

Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect where permitted by law.

19
ENFORCEMENT

No Waiver

Our failure to enforce any provision of these Terms at any particular time does not constitute a waiver of our right to enforce that provision later.

20
POLICY UPDATES

Changes to These Terms

We may update or modify these Terms from time to time by posting an updated version on our website.

Changes will apply prospectively from their effective date, subject to applicable law.

The Terms applicable to a completed transaction will not be altered retroactively where doing so would be prohibited by law.

21
JURISDICTION

Governing Law

These Terms and your use of our website will be governed by the laws applicable in the Province of Ontario and the federal laws of Canada applicable therein, subject to any mandatory consumer protection or other legal rights that apply based on the customer's jurisdiction.

22
QUESTIONS ABOUT THESE TERMS

Contact Information

Questions regarding these Terms of Service may be sent to:

GTA Commercial Refrigeration Terms of Service Contact
info@gtacommercialrefrigeration.ca