Terms of Service

1. Acceptance of Terms

By accessing this website, using any of its features, submitting an enquiry or purchasing any service from us, you confirm that you have read, understood and agree to be bound by these Terms of Service and by our Privacy Policy, which is incorporated into these terms by reference.

If you do not agree with any part of these terms, you should stop using the website and refrain from engaging our services. Your continued use of the website or any service after changes are published indicates your acceptance of those changes.

2. About Our Services

Mtn Import Corporation provides import and distribution services that include overseas supplier vetting, freight and customs coordination, warehouse receiving and quality control, regional distribution programs, e-commerce enablement and retail shelf partnerships. These services help businesses and individuals move goods from foreign producers to markets across Canada and the United States.

The precise scope of each engagement, including volumes, timelines and responsibilities, is recorded in a written proposal or service agreement. These general terms apply to every engagement unless a particular provision is expressly varied in a signed agreement.

3. Use of the Website

This website is provided for your general information and for the purpose of enquiring about and arranging our services. You agree to use the website only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit the use of the website by, any third party.

You must not attempt to gain unauthorised access to any part of the website, to the servers on which it is hosted, or to any system or network connected to it. You must not interfere with the proper working of the website, introduce malicious code, or attempt to probe, scan or test the vulnerability of the website without our written permission.

We may withdraw or amend the website, or any of the materials or services available on it, at any time and without notice. We are not liable if, for any reason, the website is unavailable at any time or for any period.

4. Eligibility

To use the website and to contract with us, you must be of the age of majority where you live and must have the legal capacity to enter into binding agreements. If you are acting on behalf of a company or organisation, you confirm that you have authority to bind that entity to these terms.

We may, in our reasonable discretion, decline to provide services to any person or entity. Where we rely on this discretion, we will inform you as far as reasonably possible and we will protect any personal information provided in accordance with our Privacy Policy.

5. Accounts and Accuracy

Some of our services may require you to create an account or to provide business details. You agree to provide true, accurate, current and complete information and to update it promptly when it changes. You are responsible for safeguarding any login credentials and for all activity carried out under your account.

We rely on the information you provide to arrange customs documents, prepare quotations and plan deliveries. Inaccurate or incomplete details can cause delays, extra costs or rejected shipments. You agree to review all information before you submit it and to tell us promptly about any error you later notice.

6. Quotations and Proposals

When you ask for a quote, we will prepare a written quotation or proposal setting out the services, estimated costs and indicative timelines. A quotation is not a binding contract until it has been accepted by you and signed, or otherwise agreed in writing, and until any conditions set out in the proposal have been satisfied.

Quotations are prepared on the information available at the time. Freight rates, exchange rates, taxes and duties can change, and we reserve the right to adjust quotations where circumstances beyond our control cause the estimated costs to change materially. We will always aim to inform you of such changes before they affect your shipment.

7. Orders and Contracts

An order becomes a binding contract only when we confirm it in writing, whether by a signed service agreement, a confirmed purchase order or a written acceptance of your quotation. Until that confirmation, nothing in our discussions, correspondence or website commits either party.

Once accepted, you agree to provide all information, approvals and documentation reasonably required to perform the services on the agreed timeline. Delays in providing this material may entitle us to adjust schedules and, if the delay is significant, to treat the contract as varied or terminated as provided below.

8. Pricing and Payment

All prices are stated in the currency agreed in your proposal and exclude applicable taxes, duties, freight and other third party charges unless stated otherwise. Payment terms, including any deposits, progress payments and final settlement, are set out in the accepted proposal or service agreement.

Unless we agree otherwise, amounts are payable within the period stated on the invoice. We may charge interest on invoices that remain unpaid after the due date, at the rate permitted by law. We may also suspend work on outstanding balances and apply future payments to older invoices first.

Third party costs such as freight, fuel surcharges, customs duties and insurance are usually passed through at cost. We will provide reasonable documentation for these items and will never use them as an opportunity to add undisclosed profit.

9. Import Goods and Compliance

You are responsible for ensuring that the goods you ask us to import are eligible for import, comply with all applicable laws, standards, labelling rules and regulations of the countries of origin and destination, and are lawfully acquired. We will give guidance where we can, but you must satisfy yourself that your goods are admissible.

You must provide accurate descriptions, values, quantities and supporting documents for customs purposes. Fines, penalties and detention costs that arise from incorrect, incomplete or unlawful declarations supplied by you will be your responsibility, provided they did not result from our negligence.

We will not knowingly handle prohibited goods such as counterfeit products, stolen property, illegal substances or goods that breach export controls. Where goods prove to be unlawful, we may refuse to handle them and terminate the relevant engagement without liability.

10. Loss and Damage

While goods are in our warehouse or under our control, we take reasonable care to protect them from loss and damage. Our liability for loss of or damage to goods under our control is limited to the replacement value of the goods or the amount recoverable under applicable insurance, whichever is lower.

Where we arrange third party carriage, the liability of the carrier is governed by the carrier terms and by international conventions that may cap the amount recoverable. We will pass on the benefit of any claims you are entitled to make against those carriers to the extent we are able to do so.

You should obtain goods-in-transit or cargo insurance for higher value shipments. We can assist you to arrange cover and we will ask you to confirm the insured value before we book any shipment that you wish to protect.

11. Intellectual Property

The content of this website, including the layout, text, graphics, logos, images, brand names and software, is owned by or licensed to Mtn Import Corporation or the developer MountainImport and is protected by copyright and other intellectual property laws.

You may view and print portions of the website for your own lawful, non-commercial use and you may refer to it in the normal course of engaging our services. You may not reproduce, republish, distribute, display, or create derivative works from any part of the website, or use any trademark or logo without our prior written permission, except as permitted for private use.

12. Acceptable Use

You agree not to use the website or our services to post, transmit or make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another privacy, or otherwise objectionable.

You must not impersonate any person or entity, misrepresent your affiliation with any person or entity, or provide false information to us. You must not use the website to send unsolicited commercial communications or to collect information about other users without their consent.

We may monitor the use of the website for technical support and security purposes and to enforce these terms. We may report unlawful activity to the relevant authorities and cooperate with them fully.

13. Disclaimer of Warranties

We provide the website and the information on it on an as is and as available basis. To the fullest extent permitted by law, we make no warranties, express or implied, about the accuracy, completeness, reliability or suitability of the website or any information, product or service described on it.

While we aim to keep the website accurate and up to date, we do not warrant that the website will be uninterrupted, error free or free of viruses and other harmful components. You should take your own precautions to protect your systems and data.

Nothing in these terms excludes or limits warranties that cannot be excluded or limited under the law applicable in your jurisdiction, including any mandatory consumer protection rights you may have.

14. Limitation of Liability

To the fullest extent permitted by law, Mtn Import Corporation shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities, arising out of or in connection with your use of the website or our services.

Our total aggregate liability to you in connection with the website or any service, whether in contract, tort, negligence, strict liability or otherwise, shall not exceed the amount you paid to us for the service in the twelve months preceding the event giving rise to the claim, or one thousand Canadian dollars, whichever is lower.

Nothing in this clause limits liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited under applicable law.

15. Indemnity

You agree to indemnify and hold harmless Mtn Import Corporation and its officers, employees and representatives from and against any claims, losses, damages, costs and expenses, including reasonable legal fees, that arise out of or are related to your use of the website or our services, your breach of these terms, or your violation of any law or the rights of any third party.

This indemnity survives the termination of your relationship with us and applies to claims made by third parties as well as to liabilities we incur as a result of acting on your instructions, except where that liability arises from our own negligence.

16. Privacy and Confidentiality

We take reasonable steps to keep confidential any non-public information you share with us in connection with our services, and we expect the same courtesy from you. Our handling of your personal information is set out in our Privacy Policy, which forms part of these terms.

You agree to keep confidential our commercial terms, pricing, methods and any proprietary information you learn during our relationship, and not to disclose it to unauthorised parties or use it for any purpose other than carrying out your own engagement with us.

17. Termination

Either party may terminate a service agreement by giving written notice in accordance with the notice period set out in that agreement, or immediately if the other party commits a material breach that is not cured within a reasonable period after notice.

Upon termination, you remain responsible for amounts already due and for costs of goods in transit or work in progress. We will take reasonable steps to return your goods and documentation, and any charges for storage, handling or returning goods will be met by you.

We may suspend or terminate your access to the website at any time if you breach these terms, without prejudice to any other rights we may have.

18. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our services, technology, business or legal requirements. When we make changes, we will revise the last updated date at the top of this page and publish the updated terms on this website.

Material changes will be brought to your attention by an appropriate notice. Continued use of the website or our services after changes take effect constitutes acceptance of the revised terms. If you do not accept the revised terms, you should stop using the website and cease engaging our services.

19. Governing Law

These Terms of Service and any dispute arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

The parties submit to the exclusive jurisdiction of the courts of Ottawa, Ontario for the resolution of any dispute, except where mandatory law requires otherwise. This choice of law does not deprive a consumer of the protection of any mandatory provisions of the law of the country in which they are resident.

20. Severability

If any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

The failure of either party to exercise or enforce any right under these terms shall not operate as a waiver of that right and shall not prevent the later exercise of that right.

21. Contact

If you have any questions about these Terms of Service, or about any aspect of our website or services, please contact us. You can reach us by email at office@mountainimport.autos or by telephone at +19898535441.

You may also write to us at our address: Mtn Import Corporation, 316 Astelia Cres, Stittsville - K2S 0W7, Canada (CA). We will respond to your questions as promptly as we can.

22. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under an agreement to the extent that the failure or delay is caused by an event beyond its reasonable control. Such events may include natural disasters, severe weather affecting transport, war, civil unrest, strikes, port closures, border shutdowns, power failures, network disruption, pandemic measures or new legislation that affects the shipment or the service.

When such an event occurs, we will notify you as soon as reasonably possible, outline the expected impact on timelines, and use reasonable efforts to minimise the consequences. Where an event of force majeure continues for a substantial period and materially affects the core of the service, either party may terminate the affected agreement on written notice, with payment for work already completed and costs already committed.

23. Assignment

You may not assign or transfer any of your rights or obligations under an agreement with us, or any account you hold with us, without our prior written consent. We may assign or transfer our rights and obligations to a successor where our business changes without needing your consent, provided that the successor is bound by the same protections.

These Terms of Service are personal to you and are governed by the agreement between the parties. Nothing in these terms creates a relationship of partnership, joint venture, employment or agency between us, except as expressly stated.

24. Entire Agreement

These Terms of Service, together with any signed service agreement and our Privacy Policy, constitute the entire agreement between you and Mtn Import Corporation with respect to the subject matter and supersede all prior discussions, correspondence and representations.

No statement, promise, representation, warranty or undertaking made by anyone on our behalf, that is not contained in these terms or in a signed agreement, shall be binding. Any ambiguity in these terms shall not be interpreted against the party that drafted them, but shall be given a reasonable reading consistent with the intention of both parties.

25. Waiver and Notices

The failure of either party to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right, and shall not prevent either party from later enforcing that provision. A waiver of any right in a particular instance shall not be a waiver of that right in any other circumstance.

Any notice required under these terms or under a service agreement shall be given in writing, delivered in person, or sent by email or pre-paid post to the address last known to the sender. Notices transmitted by electronic means are effective on the day they are sent, unless the sender receives an automated notice of failed delivery.

26. Third Party Services

In the course of moving your goods, we rely on third party providers such as freight forwarders, shipping lines, custom brokers, warehouses, carriers and payment processors. Your relationship with these providers is a separate matter, and we act as an agent on your behalf where the law and our agreement allow.

We will use reasonable skill and care in selecting these providers, but their errors are generally governed by their own terms and the limits of the law. We will pass on any claim or credit you are entitled to as far as we are able, but we cannot assume responsibility for their independent acts beyond the extent set out in our applicable liability clause.