BY PARTICIPATING IN THE PGA OF CANADA TRADE-IN NETWORK PROGRAM ("PROGRAM"), AND USING THE PGA OF CANADA TRADE-IN NETWORK LIQUIDATION TOOL ("LIQUIDATION TOOL"), YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS ("TERMS") AS A BINDING AGREEMENT BETWEEN YOU AND GOLFAVENUE.CA, INC. D/B/A PGA OF CANADA TRADE-IN NETWORK. ("NETWORK") THESE TERMS WILL TERMINATE AUTOMATICALLY UPON THE EARLIER OF (i) THE DENIAL OF YOUR APPLICATION TO PARTICIPATE IN THE PROGRAM, (ii) THE TERMINATION OF YOUR ENROLLMENT IN THE PROGRAM, OR (iii) YOUR BREACH OF ANY PROVISION HEREOF.
1. During your enrollment in the Program, the Network will accept and purchase from you used and un-hit, authentic, non-counterfeit golf equipment that, in the Network's discretion, meets the minimum criteria set forth in the "PGA of Canada Trade-In Network Minimum Condition Requirements" ("Qualifying Equipment"). The Network will pay you an amount equal to the published Liquidation value for such Qualifying Equipment, as published in the Liquidation Tool, as of the date it was shipped by you to the Network. Once a shipping label has been created through the Liquidation Tool, it must be shipped out immediately to the Network.
2. For all liquidation shipments received by the Network by Wednesday, your check will be mailed by the following Friday (10days) (Note: Checks are mailed via Standard Canada Post Mail, so they may take anywhere from 1 to 10 business days to arrive, depending on your mailing address). The Network will cover the shipping costs to get the golf clubs back to our location as long as you use the integrated Canada Post feature in your account. A minimum of 200$ per box will be required in order for us to cover the shipping charges. The Network may establish a dedicated carrier account against which your shipping costs will be charged, and may deduct its shipping costs incurred from moneys owing to you. You will be able to print a physical copy of each liquidation detail for your records through the Liquidation Tool at any time. The Network reserves the right, in its sole but reasonable discretion, to refuse or delay payment for your non-compliance with the Network's procedures and policies. In cases where the total received value of your clubs is less than what was input on the site for reasons such as entering the wrong model on the site or the club’s condition not meeting the Minimum Condition Requirements, we will deduct the difference between the paid amount and the received amount from your next payment.
3. The PGA of Canada Trade-In Network will accept any qualified golf club (brand, model, club type, and shaft type combination) via liquidation that is listed in the PGA of Canada Trade-In Network site (http://tradein.pgaofcanada.com) that has a current fair market trade-in value. The PGA of Canada Trade-In Network will not accept golf clubs via liquidation that do not have a current fair market trade-in value in the PGA of Canada Trade-In Network site. In addition, the following liquidation requirements must be met:
i. All golf club liquidations must be the property of the PGA of Canada Trade-In Network member account executing the liquidation with the PGA of Canada Trade-In Network
ii. All golf clubs liquidated to the PGA of Canada Trade-In Network must not be counterfeit
iii. All golf club liquidations must meet the Minimum Condition Requirements. The PGA of Canada Trade-In Network, in its sole but reasonable authority, will determine if golf club(s) meet the Minimum Condition Requirements.
iv. All irons in the set must have matching heads, shafts, and shaft flexes
v. All golf club grips must be installed and functional
vi. Length must be within +/- 3" of the manufacturer's standard golf club length
vii. Lie angle must be within +/- 3* of the manufacturer's standard golf club lie angle
viii. Golf club head covers, tool kits, torque wrenches, or other related accessories should be included whenever possible (though not mandatory)
ix. Wedges may NOT be liquidated separately if they result in the iron set becoming less than an 8-stick set. (For example, a 3-PW iron set may not be liquidated as one 7-stick set (3-9) and one wedge (PW), but rather as one sequential iron set).
4. The PGA of Canada Trade-In Network, in its sole but reasonable discretion, reserves the right to reject golf club liquidations(s) that do not meet the Minimum Condition Requirements. The PGA of Canada Trade-In Network reserves the right to reject golf clubs with specifications that were never made available by the Original Equipment Manufacturer (OEM). Golf club specification is defined as the unique combination of shaft brand, shaft type, shaft flex, shaft length, lie, and loft of a specific brand, model and type (driver, fairway, iron set, wedge, and putter) of golf club(s). The PGA of Canada Trade-In Network, in its sole discretion, reserves the right to adjust the value or refuse to pay for any golf club liquidation for any reason. If golf club trade-in(s) that meet the Minimum Condition Requirements are input inaccurately (incorrect model, incorrect set composition, etc.), the PGA of Canada Trade-In Network will adjust the trade-in order and value accordingly, and receive the golf club(s) accurately. In cases where the total received value of your clubs is less than what was input on the site (which is the amount we will pay you) for reasons such as entering the wrong model on the site or the clubs condition not meeting the Minimum Condition Requirements, we will deduct the difference between the paid amount and the received amount from your payment or a future payment.
5. Golf club(s) liquidated to the PGA of Canada Trade-In Network that do not meet the Minimum Condition Requirements can either be retained by the Network at a cost of $0 (zero) dollars OR returned to you at your expense. In cases where the total received value of your clubs is less than what was input on the site (which is the amount we will pay you) for reasons such as entering the wrong model on the site or the clubs condition not meeting the Minimum Condition Requirements, we will deduct the difference between the paid amount and the received amount from your next payment. The PGA of Canada Trade-In Network allows 15 days from the receiving date for you to communicate if you want the unqualified golf club trade-in(s) returned at your expense or retained at a cost of $0 (zero) dollars. Note that any returned clubs will be shipping from West Bridgewater, MA in the United States, so international shipping costs will apply.
6. You represent, warrant, and covenant that (i) you are a facility that employs at least one PGA of Canada Professional, and have applied for or obtained written approval from the Network to participate in the Program; (ii) you have the power and authority to assent to these Terms; (iii) all equipment you submit for trade-in shall constitute genuine equipment, free of any counterfeit elements; and (iv) you intend to and will use your best efforts to use the Network in furtherance of the sale of new, non-counterfeit golf equipment.
7. You will indemnify and hold harmless the Network and its officers, directors, shareholders, employees, representatives, duly authorized agents or contractors from or against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising from: (a) your negligence or willful misconduct; or (b) your breach of any covenant, representation, or warranty herein. If any action or proceeding is brought against the Network by reason of any such matter, you shall upon the Network's request defend the same at your expense by counsel satisfactory to the Network.
8. IN NO EVENT WILL THE NETWORK BE LIABLE TO YOU FOR SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR GOODWILL, RELATING TO THE OBLIGATIONS SET FORTH HEREUNDER, REGARDLESS OF WHETHER THE NETWORK HAS BEEN ADVISED OR INFORMED OF THE SAME.
9. The Network may assign its rights or delegate its obligations hereunder in whole or in part. You may not assign, sublicense or delegate your rights or obligations hereunder. These Terms constitute the entire agreement between you and the Network and shall supersede all prior negotiations and agreements (whether written or oral) between them with respect to the subject matter hereof. These Terms may only be modified, supplemented or amended by a written instrument signed by the parties. Nothing in these Terms is to be construed as creating an agency, partnership or joint venture relationship between the parties.