These Terms and Conditions of Sale and Use ("Terms") govern access to and use of GB Market, operated at parts.gbtooling.com, and all quotations, orders, sales, products and related services provided by G.B. Réseau Distribution Inc. ("GB", "we", "us" or "our").
By creating an account, submitting a request for quotation, placing an order, submitting a custom part request or otherwise using GB Market, you acknowledge and agree to these Terms.
1. Business-to-Business Platform
GB Market is intended primarily for businesses and commercial/industrial purchasers, including organizations, commercial operators and other purchasers acting for business purposes.
GB Market is not intended for purchases made by individuals for personal, family or household purposes.
Users represent that they are acting on behalf of a business or for commercial purposes and, where applicable, that they have authority to act on behalf of the organization associated with their account.
Users located outside Canada or the United States may create an account and request quotations. GB does not guarantee that products will be offered, sold or shipped to jurisdictions outside Canada and the United States.
2. GB Market
GB Market provides access to industrial parts, components, product information, quotations, order management, custom part development and related services.
Products may include:
- products manufactured, developed or supplied under GB specifications ("GB Made");
- genuine products manufactured by independent third-party manufacturers;
- compatible or replacement components;
- products sourced or distributed by GB;
- custom-developed components; and
- other industrial products.
Information displayed on GB Market does not constitute a binding offer by GB.
3. Independent Distributor
GB distributes products from various manufacturers and develops its own products and solutions.
Unless expressly stated otherwise, G.B. Réseau Distribution Inc. is not an authorized dealer, agent, franchisee, representative or affiliate of the original equipment manufacturers ("OEMs") referenced on GB Market.
OEM names, trademarks, equipment models and part numbers may be used solely to identify intended applications, cross-references or compatibility.
Such references do not imply sponsorship, approval, authorization, endorsement or affiliation by the referenced OEM.
All third-party trademarks, names and other intellectual property remain the property of their respective owners.
4. Product Identification and OEM References
OEM part numbers, equipment models and cross-reference information may be displayed to assist customers in identifying applications and compatible products.
A GB product bearing a GB part number that incorporates, resembles or references an OEM part number is not represented as an OEM product.
Unless expressly identified as a genuine product manufactured by a named third-party manufacturer, customers should not assume that a product is manufactured, supplied, authorized or approved by the referenced OEM.
5. Compatibility and Customer Responsibility
GB makes reasonable efforts to provide accurate product application and compatibility information.
However, equipment models may vary according to year, configuration, serial number, modifications, operating conditions and manufacturer revisions.
Customers are responsible for confirming that a product is appropriate for their equipment and intended application before installation and use.
GB may request equipment models, serial numbers, existing part numbers, photographs, measurements or other technical information before confirming compatibility.
6. Product Information
GB makes reasonable efforts to maintain accurate descriptions, specifications, dimensions, images, pricing, cross-references and availability.
Information may nevertheless contain errors, omissions or outdated information and may be modified without notice.
Images are illustrative and may differ from the exact appearance, finish, packaging or configuration of the delivered product.
GB reserves the right to correct errors or inaccuracies before accepting or fulfilling an order.
7. Prices and Currencies
GB Market may display prices in Canadian dollars (CAD) or United States dollars (USD) according to the customer's account settings or selected preferences.
Prices displayed on GB Market are preliminary and are not final until confirmed by GB.
Before an order is finalized and shipped, GB may confirm or adjust:
- product pricing;
- currency;
- quantity;
- availability;
- shipping and freight;
- handling charges;
- applicable taxes;
- customs, duties or brokerage charges where applicable; and
- other transaction-specific charges.
The final invoice issued by GB constitutes the final statement of amounts payable, subject to correction of manifest errors.
8. Quotations and Order Acceptance
Submitting an order, cart, request or quotation request through GB Market constitutes a request to purchase and does not constitute acceptance by GB.
GB may verify product pricing, availability, customer information, shipping requirements and other transaction details before accepting an order.
An order becomes binding upon GB only after GB confirms its acceptance through an order confirmation, final invoice or other written confirmation.
GB reserves the right to decline or cancel an order before acceptance, including because of pricing errors, product availability, supplier restrictions, credit concerns, suspected fraud or other reasonable commercial considerations.
9. Payment
GB currently accepts payment through methods including:
- Interac e-Transfer;
- cheque; and
- direct deposit or electronic bank transfer.
Additional payment methods may be accepted by agreement.
Payment terms are established on a transaction-by-transaction basis according to the customer, order and applicable commercial arrangement.
GB may require payment in advance, deposits, partial payments or other payment arrangements before ordering, manufacturing or shipping products.
10. Credit Accounts
GB may offer commercial credit accounts to approved customers.
Opening or maintaining a credit account is subject to GB's approval and may require completion of a credit application, financial information, references or other documentation.
GB may establish, modify, suspend or revoke credit limits and payment terms at its discretion, subject to applicable agreements and law.
11. Late Payments
Unless otherwise agreed in writing or prohibited by applicable law, amounts unpaid after the applicable payment term are subject to interest at 3% per month until paid.
GB may suspend orders, shipments, account privileges or credit privileges where amounts remain overdue.
The customer remains responsible for amounts properly owing under the applicable invoice or commercial agreement.
12. Shipping and Freight
GB currently ships products primarily within Canada and the United States.
Shipping arrangements are determined according to the customer's preferences and the applicable order.
Customers may provide their own carrier account numbers, including accounts with carriers such as FedEx, Purolator or other carriers accepted by GB.
Where GB arranges transportation, applicable freight, shipping and handling charges may be added to the final invoice.
Shipping estimates are not guaranteed unless expressly confirmed in writing.
13. Customs, Duties and Import Charges
For cross-border transactions, GB may coordinate customs clearance, brokerage, duties and related import requirements.
Depending on the transaction, destination, product and agreed shipping arrangement, customs duties, brokerage charges, taxes and other import-related costs may be included in the price, paid by GB, charged separately to the customer or otherwise allocated between GB and the customer.
The applicable charges and allocation will be determined as part of the final transaction and may appear on the final invoice.
14. Inspection and Reporting Problems
Customers should inspect products promptly after delivery.
Customers are encouraged to notify GB as soon as reasonably possible of:
- shipping damage;
- missing quantities;
- incorrect products;
- manufacturing defects;
- suspected product failures; or
- other problems.
GB does not impose a fixed reporting period under these Terms. However, delays in reporting a problem may affect GB's ability to investigate the issue, recover against a carrier or supplier, or determine the cause of a failure.
Reporting a problem does not automatically entitle the customer to a refund, credit or replacement.
15. GB Made Products
Products identified as GB Made are products manufactured, developed or supplied under GB specifications.
Unless expressly stated otherwise, a GB Made product referencing an OEM, equipment model or OEM part number is not a genuine OEM product and is not represented as being manufactured, approved or endorsed by that OEM.
OEM references are used solely to identify application, cross-reference or compatibility.
16. GB Made Warranty and Remedies
GB stands behind GB Made products against manufacturing defects and other problems attributable to GB.
Where GB determines, following reasonable investigation, that a GB Made product has a manufacturing defect or another covered problem attributable to GB, GB may issue an account or purchase credit for the affected product.
Unless GB expressly agrees otherwise in writing, remedies for GB Made products are provided as account or purchase credits rather than cash refunds.
GB may request that the affected product be returned for inspection, testing or failure analysis where reasonably possible.
Warranty or credit coverage does not apply to problems caused by circumstances including:
- improper installation;
- misuse or abuse;
- unauthorized modification;
- improper maintenance;
- incorrect application;
- normal wear;
- accident;
- operation outside intended conditions; or
- causes not attributable to GB.
17. Third-Party Products
Products not identified as GB Made may be manufactured or supplied by independent third parties.
GB does not promise refunds, credits or replacements for third-party products merely because a customer requests a return.
Where a legitimate defect, error, warranty issue or other valid cause exists, GB will review the matter and may assist the customer in seeking an appropriate remedy from the manufacturer or supplier.
Any manufacturer's warranty remains subject to that manufacturer's applicable terms.
18. Returns
Products may not be returned without prior authorization from GB.
GB may require an RMA or other written authorization before accepting a return.
GB may refuse returns of products that are:
- custom manufactured;
- specially ordered;
- manufactured specifically for a customer;
- installed or used;
- damaged after delivery; or
- otherwise unsuitable for resale.
Approved returns may be subject to inspection, shipping costs, supplier restrictions or other reasonable conditions.
Nothing in these Terms limits rights or remedies that cannot legally be excluded.
19. Custom Parts and Product Development
Customers may request that GB develop, source, redesign, adapt or manufacture components for specific industrial applications.
Submitting a custom part request does not obligate GB to accept the project or the customer to purchase a product unless otherwise agreed.
GB may use samples, photographs, drawings, measurements, equipment information, operating conditions, failure information and other technical materials to evaluate and develop a proposed solution.
20. Ownership of GB Designs
Unless GB expressly agrees otherwise in a written agreement, all designs, drawings, specifications, improvements, adaptations, technical solutions, manufacturing information, know-how and other intellectual property developed by or for GB remain the exclusive property of GB, including where:
- development was initiated by a customer request;
- a customer supplied an existing component, sample or reference;
- a customer contributed technical information;
- the customer paid development, engineering, tooling or manufacturing costs; or
- the resulting component was initially developed for a specific customer.
Purchasing a custom product does not transfer ownership of GB's underlying design, drawings, manufacturing methods or intellectual property.
GB may manufacture, market, distribute, modify and sell products incorporating its designs to other customers unless GB expressly agrees otherwise in writing.
21. Customer-Provided Materials and Rights
By providing GB with drawings, photographs, samples, specifications, measurements, part numbers, technical information or other materials, the customer represents that it is authorized to provide those materials to GB for the requested purpose.
The customer grants GB permission to use, reproduce, analyze, measure, modify and retain those materials as reasonably necessary to evaluate, design, source, manufacture, test, improve and supply products and services.
The customer remains responsible for the accuracy of information it provides.
Nothing in these Terms transfers ownership to GB of intellectual property independently owned by the customer or a third party.
22. Technical Records, Photographs and Performance Data
Subject to applicable law and any separate written confidentiality agreement, GB may retain technical information, photographs, measurements, testing information and performance data generated or lawfully obtained in connection with product development and customer applications.
GB may use such information for:
- engineering and product development;
- quality control;
- troubleshooting;
- product improvement;
- internal records;
- technical comparisons;
- training;
- marketing; and
- demonstrating product performance.
Where reasonably appropriate, GB may remove or avoid identifying customer-specific confidential information when using materials publicly.
23. Confidentiality and NDAs
These Terms do not create a general confidentiality or non-disclosure agreement concerning all information exchanged between GB and a customer.
Where a project requires additional confidentiality protections, GB and the customer may enter into a separate written non-disclosure or confidentiality agreement.
A signed separate agreement will govern to the extent of any conflict concerning confidential information.
24. Performance Information
Product life, wear, operating hours, meters drilled, performance comparisons and similar information may be based on testing, field observations, customer information or particular operating conditions.
Actual performance may vary according to geology, equipment condition, installation, operator practices, maintenance, environment and other variables.
Unless GB expressly provides a written performance guarantee, such information is informational and does not guarantee identical results in every application.
25. Installation and Safety
GB Market supplies products intended primarily for industrial equipment and applications.
Products must be installed, inspected, maintained and operated by appropriately qualified personnel and in accordance with applicable safety requirements.
Customers are responsible for determining whether a product is appropriate and safe for the intended application.
26. Limitation of Liability
To the maximum extent permitted by applicable law, GB will not be liable for indirect, incidental, special, exemplary or consequential damages arising from a product or transaction, including:
- lost production;
- equipment downtime;
- lost profits;
- lost revenue;
- loss of business opportunity; or
- consequential operational losses.
To the maximum extent permitted by applicable law, GB's aggregate liability arising from a particular product will not exceed the amount actually paid to GB for the product giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
27. User Accounts
Users are responsible for maintaining the confidentiality of their account credentials.
Businesses are responsible for persons authorized to use their company account and for orders or requests properly submitted through authorized accounts.
GB may suspend or restrict accounts where reasonably necessary for security, fraud prevention, overdue balances, misuse of the Platform or other legitimate business reasons.
28. AI and Automated Assistance
GB Market may provide artificial intelligence or automated assistance to help customers locate products, obtain information and interact with the Platform.
AI-generated information may contain errors or omissions.
AI responses do not constitute engineering approval, professional advice, a warranty, a binding quotation or confirmation of product compatibility.
Critical technical, compatibility, safety, pricing and order information should be confirmed by GB personnel.
29. Intellectual Property and Website Content
GB Market, GB branding and original content developed by GB are protected by applicable intellectual property laws.
Users may not reproduce, scrape, systematically extract, republish, commercially exploit or redistribute GB proprietary content without authorization.
Third-party trademarks and intellectual property remain the property of their respective owners.
30. Privacy
Personal information collected through GB Market is handled in accordance with the GB Market Privacy Policy, which should be read together with these Terms.
31. Electronic Communications
GB may send transactional and service-related electronic communications concerning accounts, quotations, orders, invoices, deliveries, support, security and other aspects of the business relationship.
GB may also send commercial or promotional electronic communications where permitted by applicable law.
Marketing preferences may be managed through GB Market account settings where available, and applicable commercial electronic communications will provide an unsubscribe mechanism where required by law.
32. Platform Availability
GB does not guarantee uninterrupted availability of GB Market.
GB may modify, maintain, suspend or discontinue features where reasonably necessary for security, maintenance, technical or business reasons.
33. Force Majeure
GB will not be liable for delays or failure to perform resulting from circumstances reasonably beyond its control, including transportation disruptions, supplier failures, shortages, labour disputes, natural disasters, fire, government actions, customs delays, war or similar events.
34. Governing Law
These Terms are governed by the laws applicable in the Province of Québec and the federal laws of Canada applicable therein, without limiting mandatory laws that may apply to a particular transaction.
35. Conflicting Terms
Where GB issues a quotation, order confirmation, invoice or separate written agreement containing terms specific to a transaction, those specific terms prevail over these Terms to the extent of a conflict.
Terms contained in a customer's purchase order or other document do not modify these Terms unless expressly accepted by GB in writing.
36. Changes to These Terms
GB may modify these Terms from time to time.
The version applicable to a transaction will generally be the version in effect when the applicable order is accepted, unless otherwise agreed or required by law.
37. Contact
G.B. Réseau Distribution Inc. 2991 rue King Est Sherbrooke, Québec J1G 5J1 Canada
Email: Info@gbtooling.com Telephone: 819-342-0464