These Terms of Service apply to consumers who make purchases using the www.ctek.com/ca website as well as to persons merely visiting the site.

The website www.ctek.com/ca is operated and provided as a sales channel by CTEK, Inc. However, all commercial sales, order processing, product fulfillment, and legal liabilities related to purchases made through this website are handled and assumed exclusively by Hoerr Racing Products Canada Inc (the "Seller").

Terms for Visitors

Welcome! We hope that you enjoy looking around our website. If you have any questions about our products, please feel free to contact us to be added to our distribution list for product promotions and marketing materials. As with any guests you would welcome into a place a business, we simply request that you comply with certain rules and are aware of the terms under which you may make use of the website.

If you do not agree to these terms and conditions, we ask that you not make use of this website. Your use of this website shall constitute acceptance of these terms and conditions.

You will not attempt to introduce malware through the website, conduct denial of service attacks against the website, or otherwise engage in cyberattacks on the website.

The contents of the website are provided on an “AS IS” basis.

The terms of this website can be changed by CTEK, Inc. or the Seller upon providing written notice of the change in these Terms of Service. You are encouraged to check these Terms of Service from time to time to see if there have been any updates. If you wish to receive email notification of changes to the Terms of Service as well as be added to our distribution list for product promotions and marketing materials, please contact us.

Any legal claims arising under these Terms for Visitors shall be evaluated exclusively under the provincial laws of Ontario and the applicable federal laws of Canada.

Terms for Online Sales

Please read the terms for online sales carefully before placing an order on this website. When you place an order through ctek.com/ca, you are entering into a binding purchase agreement with and agreeing to follow the terms with Hoerr Racing Products Canada Inc, which acts as the merchant of record and seller of the products. CTEK, Inc. provides the website channel but is not a party to the sales transaction and bears no responsibility or liability for the sale, delivery, or performance of the products.

If you do not agree with the following terms and conditions, please do not place an order through this website.

The Terms and Conditions below apply to all internet sales of CTEK products made through this website by Hoerr Racing Products Canada Inc to the exclusion of other terms and conditions.

The information below explains the following:

• How your order will be delivered to you
• How you may cancel or change an order
• How CTEK may cancel or change an order
• What to do if a problem arises
• Other important information

If you have any questions or your issue is not addressed in the terms, please contact us. We'll be happy to discuss your particular situation. Any variances to these terms must be agreed to in writing by both parties.

Hoerr Racing Products Canada Inc reserves the right to make changes to the sales terms at any time. The modified terms are valid for all orders placed after the changes are made.

Important Legal Statement: Please carefully review the Arbitration Provisions set forth below. The provisions require you to resolve disputes with Hoerr Racing Products Canada Inc on an individual basis through final and binding arbitration. If you proceed with your purchase, you acknowledge that you have read and understood all of these terms and have taken into account the information provided regarding your purchase.

Order Process

Product Selection

• All online orders from the Seller must be made through www.ctek.com/ca
• Choose your product(s) by pressing the "Add to Cart" button
• To see what items you've selected you can open the shopping cart at any time
• You may choose between payment methods as provided on the website
• In the shopping cart, you can view applicable shipping charges

Order Registration

Once you have chosen the product(s), you can review the details of your order, including the total amount. Fill in the necessary shipping information for the location where you would like the order delivered. Choose the payment method and fill in the correct information (Stripe Credit Card).

Order Confirmation

When you click on the "Finish the Purchase" button at the end of the ordering process, you accept and authorize the order, subject to these terms and the privacy policy.

Once you confirm your order and the payment has been processed, an electronic order confirmation will be sent to the email address that you provided. The purchase agreement with Hoerr Racing Products Canada Inc is executed and effective when you receive the order confirmation

You can change details of the order up until the point when the order has been confirmed. If you do change the order, pricing for the ordered product(s) will be the pricing applicable at the time of the order change. This pricing may be different than the amount at the time that the order was placed originally.

Hoerr Racing Products Canada Inc reserves the right to refuse orders. If this does occur, an email will be sent to you, notifying you of the order refusal or inability to process the payment.

Pricing

Any purchases you make will be invoiced by Hoerr Racing Products Canada Inc for the price and currency indicated on the website ctek.com/ca.

The product price excludes any applicable sales tax and shipping costs (unless expressly stated during order placement).

Drop-ship orders may be subject to tax charges that pertain to the specific delivery location.

Product Availability

All product sales are subject to availability.

"Available In Stock" status on www.ctek.com/ca is not guaranteed as situations can occur in exceptional cases. In the event that a product becomes unavailable after the order has been placed, you will be informed by email about the situation and we will let you know about the delivery of a partial order or cancellation of the entire order.

You will be refunded by Hoerr Racing Products Canada Inc for any unavailable product within 30 days of purchase.

Delivery

Make sure that your delivery information is correct. If incorrect contact or delivery information has been entered, Hoerr Racing Products Canada Inc will not be liable for the failure of the order delivery. This information can include, but not limited to: last name, first name, address, zip code, city, telephone number and email address.

If you place more than one order in a single day, Hoerr Racing Products Canada Inc will try to gather these orders and process them in one shipment. We try to save you money on shipping charges when we can, however, if the first order has already been packaged, the orders will be billed and shipped as separate orders.

Shipping Methods

Hoerr Racing Products Canada Inc utilizes established shipping agreements with major carriers and truck freight providers. The Seller will choose the best carrier for your delivery unless you specify a particular company.

Damage Claims and Merchandise Shortages

It is your responsibility to verify that the delivered product is what you ordered and in good condition. This confirmation must take place at the time of delivery and be settled with the carrier.

If you have a claim for pilferage, damage, or loss, please file it with Hoerr Racing Products Canada Inc within 24 hours of discovery. Make sure that you save all packaging to show representatives of the freight company.

Any claims of merchandise shortage must also be made within 24 hours of delivery. Before making a claim, make sure you haven't overlooked any packages, miscounted the items, or discarded products with packing materials.

Refusal

If you refuse an order without prior notification to Hoerr Racing Products Canada Inc, the shipment may be refused at our dock or result in a restocking fee, along with applicable freight charges being billed to your account.

Condition of the Product

Hoerr Racing Products Canada Inc will replace any product that does not comply with the order or we will refund the purchase price. You must report any differences or errors and return the product in accordance with our instructions. We will then replace the product or issue a refund.

If the returned item is incomplete, dirty, or damaged, it will not be accepted. Returns, exchanges, or complaints with products purchased on the website may not be returned to a physical retail store.

Return Policy (Non-Defective Products)

Unused products may be returned for credit within 30 days (or longer, if required by applicable law). Under no circumstances are special or custom orders permitted to be returned.

It is your responsibility to inform us before the return period has expired. No refunds will be issued for products returned without prior notice to Hoerr Racing Products Canada Inc.

A minimum restocking fee of 10% may be charged on all returns unless you were shipped the wrong item. Hoerr Racing Products Canada Inc is not responsible for merchandise shipped wrong due to incorrect order information being provided by the customer.

All returned merchandise will be inspected and must be authorized before a credit will be given. Any returned merchandise that does not meet our criteria or is returned without a Returned Merchandise Authorization (RMA) number will be subject to additional fees or refusal.

Please follow the steps below to assure accurate credit processing:

1. Contact the sales and support department handling website sales to request an RMA number for the item you want to return. All returned items must have an RMA number and its original packaging. RMA numbers expire 15 days after being issued. Any merchandise returned without proper authorization may be refused or subject to a processing fee and a 10% restocking fee.
2. Pack the item carefully to minimize any damage during shipping. Please do not write on, tape, or attach shipping labels to the product's package itself. Returns may be refused if merchandise is not in sellable condition.
3. Print the RMA number on the outside of the shipping container and include a copy of the original invoice. Return the package to the authorized fulfillment address provided by Hoerr Racing Products Canada Inc during the RMA process.

Hoerr Racing Products

Attn: Returns Dept/RMA#___

4262 Highway 3 East

Simcoe, Ontario N3Y4K4

Product Warranty

Limited Product Warranty

The manufacturer's limited product warranty on CTEK battery chargers and accessories is passed through to the consumer. Refer to the owner's manual for specific warranty details (e.g., specific charger warranty periods and a 2-year limited warranty on accessories).

The Limited Warranty does not cover damage caused by improper handling of the product or improper use or storage of the product. Damage caused by maintenance, dismantling, or product modifications by anyone other than an authorized technician, or damage caused by poor packaging when returning the product, also voids the warranty. The removal of a product serial number or marring beyond recognition will void the Limited Warranty. In order to make a claim under the Limited Warranty, proof of original purchase from this website or an authorized reseller must be provided.

Warranty Claims

Warranty claims may be placed by contacting our customer support. Each case is handled on an individual case-by-case basis. If it is determined that the part is defective and eligible for replacement, the product will either be replaced or a refund will be issued to the account. No refunds will be provided for shipping charges or other additional fees.

Disclaimer of Implied Warranties

Except for any express warranty granted for a product, each product and its components are sold "AS IS/WHERE IS". Hoerr Racing Products Canada Inc and CTEK, Inc. make no further warranties, including without limitation any warranty of merchantability or fitness for a particular purpose, each of which is hereby disclaimed.

Neither Hoerr Racing Products Canada Inc, CTEK, Inc., nor any agent or distributor will be liable for any loss, damage, or injury arising from the use of a product and will not be liable for any indirect, consequential, or special damages arising out of the use of a product, including without limitation, loss of profit, loss of business, disruption of business or loss of business opportunity. In any situation, the Seller’s liability in connection with any product is strictly limited to 2 times the original purchase price of the relevant product.

No sales representative has any authority to make any statement contrary to these Terms or the manufacturer's Limited Warranty.

Retention of Title - Risk Transfer

Hoerr Racing Products Canada Inc reserves the right of ownership for each product delivered until full payment has been received. The risk of loss or damage to the product is transferred to you at the time the product is delivered to you.

Force Majeure

Hoerr Racing Products Canada Inc is not liable for any non-performance due to an unforeseen occurrence beyond its control, disruption, or complete or partial strike, in particular for transport or communications services, fire, or flood.

Mandatory Arbitration Provisions

You and Hoerr Racing Products Canada Inc agree to resolve any claims relating to a purchased product or these sales terms through final and binding arbitration by a single arbitrator, except as may be provided otherwise below. This includes any dispute arising out of or relating to interpretation or application of these Mandatory Arbitration Provisions, including enforceability, revocability, or validity.

If you choose to decline this agreement to arbitrate, you can notify Hoerr Racing Products Canada Inc of your choice to opt out of this arbitration clause by contacting us within 30 days of placing your order. An option to opt out applies on an individual order basis.

The arbitration will be administered under applicable commercial arbitration rules. The arbitration will be held in a mutually agreed location or as specified by the governing jurisdiction rules. Hoerr Racing Products Canada Inc will pay arbitration fees for individual non-frivolous claims below a standard threshold, as required by consumer protection rules.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration, class actions, private attorney general actions, and consolidation with other arbitration shall not be allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

Governing Law

These Terms for Online Sales, as well as all transactions in connection with the sale of products to you processed through the website, are regulated, interpreted, and executed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to principles governing conflicts of law.

Severability

If Hoerr Racing Products Canada Inc cannot enforce any right under these Terms, this does not prevent the Seller from maintaining other rights, or the same type of rights at a later time. If any provision of these terms and conditions proves to be illegal, invalid or unenforceable, that provision shall be deemed to be separate and the validity and enforceability of the remaining provisions of these Terms shall not be affected.