LAST UPDATE: January 15, 2005

1. Acceptance of Terms

All orders placed by the customer (“Customer”) with WarkInuit, (“WarkInuit”) for products (the “Products”) are subject to the following terms and conditions (“Terms”). These Terms may not be altered, supplemented or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and WarkInuit. WarkInuit may change these Terms as they relate to future sales or deliveries at any time without prior notice.

THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES.

These Terms incorporate by reference this website’s Terms of Use and the WarkInuit Privacy Policy.

2. Shipping Charges; Taxes

The cost and method of shipping selected will be the responsibility of the Customer. Separate charges for shipping and handling will be shown on WarkInuit’s invoice(s) when appropriate.

Unless Customer provides WarkInuit with a valid and correct tax exemption certificate applicable to the product ship-to location prior to WarkInuit's acceptance of the order, the Customer is responsible for all taxes and duties associated with the order, however designated, except taxes on WarkInuit’s net income. Customer will assume responsibility for any duties or taxes levied by their country. If applicable, a separate charge for taxes will be shown on WarkInuit's invoice.

3. Currency; Prices

All products are priced in Canadian dollars. Prices are subject to change without notice.

4. Title and Risk of Loss

Title to, and risk of loss of, Products passes from WarkInuit to Customer at the time the Products leave WarkInuit's Canadian warehouse. Customer shall be responsible for all loss or damage to the Products that occurs during shipping. Ship dates are estimates only. WarkInuit is not liable for delays in shipment or failure to ship by the estimated ship date.

5. Products

WarkInuit attempts to be as accurate as possible. However, WarkInuit does not warrant that product descriptions or Content of this website is accurate, complete, reliable, current, or error-free.

In particular, please note the following:

• All Product dimensions and descriptions are approximate;
• Many Products, particularly older pieces, are not signed and do not have documentation available as to date made, artist or community. We make our best efforts to research these facts and provide estimations to the best of our knowledge. Any documentation that is available will be provided with the piece, including anecdotal information provided by any previous owners of the Product.
• Some Products have a sleeve which was made by the artist so that a rod can be inserted for hanging on a wall. Other Products do not have a sleeve, so it is up to the Customer to decide how to display them.

6. Return Policies

Customers may return a Product to WarkInuit up to thirty (30) days after the date of purchase for a refund of the Product purchase price if already paid. This refund does not include any shipping and handling charges. Returned Products must be in as-sold condition, and all and any other items included with Product must be returned.

7. Exchanges

Exchanges shall be permitted within one (1) year of purchase by Customer, with the original purchase price (excluding taxes and shipping) applicable against new purchases.

8. Warranty Disclaimer

ALL PRODUCTS LISTED ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WARKINUIT DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WARKINUIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF ANY PRODUCTS OBTAINED FROM THIS WEBSITE IN TERMS OF THEIR USEFULNESS, RELIABILITY, OR OTHERWISE.

9. Limitation of Liability

WARKINUIT SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF WARKINUIT WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, WARKINUIT IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).

10. Indemnification

CUSTOMER UNDERTAKES AND AGREES TO ENSURE THAT CUSTOMER HAS READ AND SHALL COMPLY WITH THESE TERMS OF SALE . CUSTOMER IS SOLELY RESPONSIBLE AND LIABLE FOR ACTIONS WHICH ARE IN CONTRAVENTION OF THESE TERMS OF SALE OR ANY APPLICABLE LAW. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WARKINUIT AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF SALE OR ANY ACTIVITY RELATED TO THIS WEBSITE, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY CUSTOMER, BY ANY PERSONS ALLOWED BY YOU TO ACCESS THIS WEBSITE OR BY ANY OTHER PERSON ACCESSING THIS WEBSITE OR SERVICES PROVIDED PURSUANT TO THIS WEBSITE USING CUSTOMER’S IDENTIFICATION. THE PROVISIONS OF THIS INDEMNITY ARE FOR THE BENEFIT OF WARKINUIT AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS. EACH OF THESE ENTITIES OR INDIVIDUALS SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THESE PROVISIONS DIRECTLY AGAINST CUSTOMER ON ITS OWN BEHALF. WARKINUIT RESERVES THE RIGHT, AT ITS OWN RISK, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY CUSTOMER HEREUNDER, AND IN SUCH EVENT, CUSTOMER SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION FOR SUCH MATTER.

11. Not For Resale

Customer agrees and represents that it is buying for its own personal use only, and not for resale. Seller has separate terms and conditions governing resellers.

12. Exports

The Customer acknowledges that the Products licensed or sold under this Agreement are subject to applicable export control laws and regulations. For example, export permits are required if Customer intends to export the Products to a country on Canada's Area Control List or if the Products are on Canada's Export Control List or if the Products are of United States origin. WarkInuit recommends that Customer contact the Export Controls Division of the Canadian Department of Foreign Affairs and International Trade if Customer intends to export any of the Products or purchase Products from outside Canada . Please note that some Products are made of, or contain, sealskin. The rules and regulations for importing and exporting these items are complex, and the Customer assumes all responsibility for their export from Canada and for their import into the relevant country of delivery.

13. Entire Agreement

Customer agrees that these terms and conditions and any document incorporated by reference or referred to in this Agreement constitute the entire agreement between Customer and Seller pertaining to the subject-matter of these terms and conditions, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and Seller. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to in this Agreement, these terms and conditions of sale shall govern.

14. Severability

The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision of this Agreement and any such invalid or unenforceable provision shall be deemed to be severable.

15. Headings

The section headings used in this Agreement are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

16. Force Majeure

Seller shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

17. Governing Law

The laws of the Province of Ontario and the applicable laws of Canada shall govern these Terms and all related transactions. WarkInuit and the Customer agree to the exclusive jurisdiction of the courts of the Province of Ontario .

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and its Content and your purchase of any products.

18. Severance

If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.

19. Basis of Bargain

The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. We would not be able to provide the Website or its associated products or services on an economic basis without such limitations.