Terms of service

OVERVIEW

Welcome to TMG Equipment. The terms "we", "us" and "our" refer to TMG Equipment. TMG Equipment operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). TMG Equipment is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services online. However, colours or product appearance may differ from how they appear on your screen depending on the device you use and its settings.

Specifications, dimensions, weights, horsepower ranges and compatibility information are published as a guide. Manufacturers change specifications without notice, and a machine's fit depends on your carrier's mount, hydraulic flow and capacity. Confirm fitment with us before you order if you are in any doubt — we will confirm it in writing.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted online.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. TMG Equipment reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until TMG Equipment confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as TMG Equipment may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Our products are sold for business and personal use alike — farms, contractors, municipalities and private buyers. Purchase for resale, export, or distribution requires a written dealer or distribution agreement with us in advance. We may decline or cancel an order that appears to be for unauthorized resale or export.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

SECTION 4 — PRICES AND BILLING

Prices are in Canadian dollars unless stated otherwise. Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

A written quotation is valid for the period stated on it, and for 30 days where no period is stated. Prices online may differ from prices in our stores or from prices offered by third parties.

Where we advertise a price match, it applies only to the price of the identical item on tmgindustrial.ca, and we may ask for a link before we honour it.

Financing is not available yet. When it is, it will be offered by third-party providers on their own terms; we will not be the lender and will not decide applications.

Promotions may be governed by terms separate from these Terms. If there is a conflict, the promotion terms govern.

You agree to provide current, complete and accurate purchase, payment and account information, and to update it promptly so that we can complete your transactions and contact you.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use the payment method, (iii) charges incurred by you will be honoured by your card issuer or bank, and (iv) you will pay charges at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

Most equipment ships by freight from our warehouses in British Columbia and Ontario, or is collected at our store in Oakville, ON. After an order is placed we may call to confirm delivery details — forklift, tailgate delivery or terminal pick-up.

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, weather or other events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Inspect your shipment before you sign for it and note any damage on the delivery receipt before the driver leaves. What to do about damage, a shortage or the wrong item is set out in our Refund Policy.

SECTION 6 — PRODUCT WARRANTY

New equipment we sell carries a 12-month limited warranty against defects in materials and workmanship from the date of delivery, unless the product documentation states otherwise. The warranty covers the repair or replacement of defective parts. It does not cover wear items, damage from misuse, overloading, accident, improper installation or maintenance, or any modification.

You are responsible for operating equipment safely and in accordance with the manufacturer's manual and all applicable regulations, and for ensuring that operators are trained and that required guards and safety devices are in place.

Nothing in these Terms limits any rights you have under applicable consumer protection law.

SECTION 7 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by TMG Equipment, its affiliates or licensors and are protected by Canadian and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your own use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of TMG Equipment, Shopify or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by TMG Equipment.

TMG Equipment's names, logos, product and service names, designs, and slogans are trademarks of TMG Equipment or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 8 — OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use of the optional tools is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms on which they are provided by the relevant third party.

We may offer new features through the Services in future. They are also subject to these Terms of Service.

SECTION 9 — THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to access them, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources or content on them. Review the third party's policies before you transact. Complaints, claims or questions about third-party products and services should be directed to that third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

TMG Equipment is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with TMG Equipment. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TMG Equipment, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with TMG Equipment.

SECTION 11 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. See our Privacy Policy for more detail.

SECTION 12 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use these rights to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to keep your Feedback in confidence; (2) to pay compensation for it; or (3) to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right; will not be libellous or otherwise unlawful, abusive or obscene; and will not contain any virus or other malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 14 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local law, regulation or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters or spam; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm TMG Equipment, Shopify or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tool, automatic device or process, AI tool (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 15 — AGENTS

15.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

15.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with section 15.4. In addition, no Agent may access, use, or interact with the Services if we have asked it to refrain.

15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

15.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose its name by including "Agent/[agent name]" in the user agent string; (ii) not conceal or obfuscate that access is from an Agent, including by mimicking human behaviour or by completing or circumventing CAPTCHAs or other measures intended to distinguish computers from humans; (iii) respond truthfully to any question or prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent or avoid any measure intended to block, limit, modify or control whether and how Agents access the Services.

SECTION 16 — TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after termination: Product Warranty, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

SECTION 17 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY TMG EQUIPMENT, INCLUDING THE LIMITED WARRANTY IN SECTION 6, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 18 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL TMG EQUIPMENT, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING CANADIAN CONSUMER PROTECTION LEGISLATION, OR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

SECTION 19 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless TMG Equipment, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 20 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed. Such a determination does not affect the validity and enforceability of the remaining provisions.

SECTION 21 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, including any prior versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 22 — ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 23 — GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in it, without regard to conflict-of-law rules. You and TMG Equipment submit to the exclusive jurisdiction of the courts of British Columbia, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer, this does not deprive you of the protection of the law of the province or territory where you live.

SECTION 24 — HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 26 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to cs@tmgequipment.com.

TMG Equipment Group Inc
cs@tmgequipment.com
1-833-377-7307
6333 Graybar Road, Richmond, BC V6W 0C4, Canada

Last updated: 9 October 2026