Terms And Conditions

1. Website Terms of Use. Bosch, a sales division of Robert Bosch Inc., ("Bosch", "we", "us") provides you access and use of our website located at https://www.boschtoolservice.com/ca/en/bosch-pt/spareparts/search(the ""https://www.boschtoolservice.com/ca/en/bosch-pt/spareparts/search"), subject to your compliance with these terms and conditions of use (the "Terms of Use"). By accessing, browsing, or using the Website, you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use each time you use the Website, or you do not have the authority or capacity to agree to or accept these Terms of Use (either for yourself if you are using as an individual, or on behalf of your company if you are using on behalf of a company), you may not use the Website and you should cease any further use of any materials you may have obtained from the Website.

2. What these Terms of Use cover. These Terms of Use are the terms and conditions on which we supply products to you, whether these are goods, services or digital content, on the Power Tools E-shop for power tools and spare parts.

3. Why you should read them. Please read these Terms of Use carefully – they tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms of Use, please contact us to discuss.

4. Children. This Website is intended for use by adults. If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Website by minors and others under your care, and you are responsible for any such use. We also do not knowingly allow visitors under the age of 18 to participate in any of our promotions or contests. Registered Boschtoolservice users are responsible for the use of Boschtoolservice by persons under the age of 18, including employees.

5. Related Policies. Additional terms and conditions may apply to business transactions conducted by Bosch or promotions run by Bosch, via this Website. Additional terms will govern any bulletin board, chat areas and or other message or communication facilities offered via this Website. Nothing contained in these Terms of Use is intended to modify or amend any agreement currently in effect between you and Bosch. Although these Terms of Use are intended to apply generally to all content located throughout our Website, the Website may contain other proprietary notices and conditions of use, the terms of which must also be observed. We have adopted a privacy policy, available at https://www.bosch-pt.com/ptlegalpages/de/ptde/en/as/privacy/ that describes our privacy practices, including how we collect, use, disclose, and safeguard personal information. By using this Website, you are consenting to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

6. DISCLAIMER.

1. Copyright and Usage of Content. All right, title and interest to the information, content, product descriptions, images, graphics, copyrights, trademarks, logos, trade names and service marks (collectively, the "Content") and other intellectual property rights to the materials on the Website are owned by Bosch, its subsidiaries, affiliated companies, licensors or suppliers. You are authorized to view, download and reproduce the materials at this Website only for your internal use, provided that you 1) retain all notices contained in the original materials, 2) only use images with surrounding text relating to the images, and 3) include the following copyright notice:

   © Robert Bosch Inc. All rights reserved.

   You may not reproduce, sell, publish, distribute, modify, display, or make any part of this Website or the Content available to any third party, including as part of another website whether by hyperlink framing on the internet or otherwise without the express written consent of Bosch. Bosch will not be held liable in any way to you or to any third party or to any other person who may receive Content from the Website for any delays, inaccuracies, errors or omissions in such Content or in the transmission or failure to transmit all or any part thereof or for any damages arising from any of the foregoing.

   This Website and its Content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party, or to distribute any database containing all or a part of this Website or the Content.

2. Other intellectual property rights. Please note that any Content, product or processor technology described in the materials on this Website may be the subject of other intellectual property rights reserved by Bosch and are not licensed hereunder. Bosch, Cst/Berger and Dremel logos and many other brand names used on this Website are the worldwide trademarks or registered trademarks of Bosch. Trademarks of third parties are identified wherever possible and Bosch acknowledges their rights.

1. Who we are. We are Robert Bosch Inc., a company incorporated in Canada with company registration number 443669-5, whose registered office is at 6955 Creditview Rd, Mississauga, ON L5N 1R1, Canada. Our registered VAT number is 104569991RC0002.

2. How to contact us. You can contact us by telephoning our Online Shop Customer Service Team at 1-877-267-2499 (available Monday to Friday between 9 am and 5 pm EST) or by writing to us at Robert Bosch Inc. queries: tools@ca.bosch.com or Robert Bosch Inc., 6955 Creditview Rd, Mississauga, ON L5N 1R1, Canada.

3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

4. "Writing" includes emails. When we use the words "writing" or "written" in these Terms of Use, this includes emails.

1. How we will accept your order. Our acceptance of your order for products from the Website (your “Order”) will take place when we email you an order confirmation (an “Order Confirmation”), at which point a contract for the sale of each of the products listed in our Order Confirmation will come into existence between you and us. Your Order will be governed by these Terms of Use as in effect at the time your Order was placed unless you and we expressly agree otherwise.

2. If we cannot accept your order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the product you ordered. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3. Your order number. We will assign an order number to your Order and tell you what it is when we send your Order Confirmation. You must provide us the order number whenever you contact us about your Order.

4. We deliver to all locations within Canada. Our website is solely for the promotion of our products in Canada. Unfortunately, we do not deliver to addresses outside of Canada. The availability of goods and/or services, the delivery times and charges may vary depending upon the destination. If you are located in a jurisdiction outside of Canada and wishing to acquire products, please go to https://www.bosch-pt.com/ww/int/en/ to see a list of jurisdictions in which we can deliver products and their corresponding local websites.

1. Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.

2. Product packaging may vary. The packaging of the product may vary from that shown on images on our Website.

1. Minor changes to the products. We may change the product:

   1. to reflect changes in relevant laws and regulatory requirements; and
   2. to implement minor technical adjustments and improvements.

   These changes will not affect your use of the product.

2. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

1. Delivery costs. The costs of delivery will be as displayed to you on the Website.

2. When we will deliver the products:

   1. If the products are goods. If the products are goods we will deliver them to you via Standard Delivery (normally within two working days). There is no “express delivery” option for spare parts. A signature is required for all deliveries. An attempted delivery on the delivery date means that we have delivered on time. Please note that we reserve the right not to deliver an order if we believe that the address is not secure, for example, to a communal postal address or PO Box or where we reasonably believe that you are below the age limit to purchase from us under these terms. If this affects an order you place, we will notify you as soon as possible.

3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

4. If you are not at home when the product is delivered. If no one is available or aged 18 or over at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local carrier collection point.

5. If you do not re-arrange delivery. If after a failed delivery to you, you do not rearrange delivery or collect them from a local carrier collection point we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you for any costs reasonably incurred by us in connection with ending the contract (including, without limitation, storage costs, handling costs or return shipping costs).

6. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and charge you for any costs reasonably incurred by us in connection with ending the contract.

7. When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

8. When you own goods. You own a product which is goods once we have received payment in full.

9. What will happen if you do not give required information to us? We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on the Website. We will contact you in writing or by phone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

10. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

    1. deal with technical problems or make minor technical changes;
    2. update the product to reflect changes in relevant laws and regulatory requirements;
    3. make changes to the product as requested by you or notified by us to you (see Section 6).

11. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

1. Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

   1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back)
   2. If you want to end the contract because of something we have done or have told you we are going to do, see Section 8.2; and
   3. If you have just changed your mind about the product, see Section 8.3.

2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products which have not been delivered. The reasons are:

   1. we have told you about a change that will be made to the product which (1) you were not told about prior to placing your Order, and (2) will be implemented on the product delivered to you;
   2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
   3. there is a risk that supply of the products may be significantly delayed because of events outside our control; or
   4. we have suspended supply of the products for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than two weeks.

3. Our goodwill guarantee – the right to change your mind. If you change your mind about a product, subject to the limitations and requirements set forth below, you may contact us to return the product for a refund. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products.

4. When you do not have the right to change your mind under Section 8.3. You do not have a right to change your mind under Section 8.3 in respect of:

   1. products that have been used;
   2. digital products after you have started to download or stream these;
   3. services, once these have been completed, even if the cancellation period referenced in Section 8.5(b) is still running;
   4. any products which become mixed inseparably with other items after their delivery.

5. How long do I have to change my mind under Section 8.3? How long you have to change your mind under Section 8.3 depends on what you have ordered and how it is delivered.

   1. Have you bought goods? If so you have 15 days after the day you (or someone you nominate) receives the goods, unless: your goods are split into several deliveries over different days. In this case you have until 15 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

   2. Have you bought services? If so, you have 15 days after the day we email you your Order Confirmation. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

   3. Have you bought digital content for download or streaming? If so, you have 15 days after the day we email you your Order Confirmation, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
   1. Phone or email. Call the Online Shop Customer Services Team on 1-877-267-2499 (available Monday to Friday between 9 am and 5 pm EST) or email us at tools@ca.bosch.com. Please provide your name, home address, order number, phone number and email address.
   2. By mail. The most efficient and recommended method to end your contract with us is via phone, email or online (as described above). However, if you wish to inform us via mail that you want to end your contract simply write to us as at Bosch Professional Power Tools Online Shop, 6955 Creditview Rd, Mississauga, ON L5N 1R1 stating your name, home address, order number, phone number and email address. On receipt of your letter and validation, we will contact you to arrange the return of the product. Note. Please do not ship the product to us at this stage.
2. Returning products after ending the contract. If you end the contract for any reason after products have been shipped to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, ship them back to us or (if they are not suitable for shipping) allow us to collect them from you. Please call the Online Shop Customer Services Team on 1-877-267-2499 (available Monday to Friday between 9 am and 5 pm EST) or email us at tools@ca.bosch.com , for a return label or to arrange collection. If you are exercising your right to change your mind you must send us the goods within 15 days of telling us you wish to end the contract.
3. When will we pay the costs of return. We will pay the costs of return:
   1. if the products are faulty or misdescribed; or
   2. if you are ending the contract because of one of the reasons listed in Section 8.2(a)-(d) above.
4. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
5. Deductions from refunds under Section 8.3. If you are exercising your right to change your mind under Section 8.3 above:
   1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page at https://www.boschtoolservice.com/ca/en/bosch-pt/spareparts/orders-and-returns for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
   2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within two to five working days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
   3. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you you must provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see https://www.boschtoolservice.com/ca/en/bosch-pt/spareparts/orders-and-returns.
6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under Section 8.3 then:
   1. Have you bought services? If so, you have 15 days after the day we email you your Order Confirmation. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind under Section 8.3.
   2. In all other cases, your refund will be made within 14 days of you telling us you have changed your mind under Section 8.3.

We may end the contract for a product at any time by writing to you if:

1. you do not make any payment to us when it is due;
2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
3. you do not, within a reasonable time, allow us to deliver the products to you; or
4. you do not, within a reasonable time, allow us access to your premises to supply the services.

If you have any questions or complaints about the product, please contact us. You can telephone our After Sales Customer Services Team at 1-877-267-2499 or write to us at tools@ca.bosch.com , and for all queries at Robert Bosch Inc., 6955 Creditview Rd, Mississauga, ON L5N 1R1.

1. Where to find the price for the product. The price of the product (which includes the applicable goods and services tax and provincial sales tax or harmonized sales tax) will be the price indicated on the order pages when you placed your Order. We use our best efforts to ensure that the price of product advised to you is correct. However please see Section 12.3 for what happens if we discover an error in the price of the product you order.
2. We will pass on changes in the tax rates. If the rate of the goods and services tax, provincial sales tax or harmonized sales tax applicable to your Order changes between your Order date and the date we supply the product, we will adjust the rate of such taxes that you pay, unless you have already paid for the product in full before the change in the rate of such taxes takes effect.
3. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the product's correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before sending your Order Confirmation. If we send your Order Confirmation and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4. When you must pay and how you must pay. We accept payment via major payment methods, including Visa and MasterCard.

SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN

IN NO EVENT WILL BOSCH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM OR CAUSED BY USE OR INABILITY TO USE THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT, LOSS OF PROFITS, BUSINESS INTERRUPTION, DELAYS IN TRANSMISSION, COMPUTER VIRUSES, OR LOSS OF DATA, EVEN IF BOSCH HAS BEEN EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW.

YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE WEBSITE IS AT YOUR SOLE RISK.. NEITHER BOSCH, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THE WEBSITE, THE CONTENT (AS DEFINED BELOW), ANY PRODUCTS OR ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE FEATURED ON THE WEBSITE. THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR INTERNAL INFORMATIONAL PURPOSE ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Content may contain technical inaccuracies or typographical errors, and information may be changed, updated or deleted without notice. Bosch may make improvements or changes in the products and programs described on the Website at any time. Bosch makes no warranties that the Website will operate uninterrupted or error free, or that defects will be corrected. Bosch does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors, viruses, worms or "Trojan horses" and Bosch is not liable for any damage you may suffer as a result of such destructive features.

Additionally, Bosch makes no representations or warranties whatsoever about any other website which you may choose to access through this Website. Links provided by Bosch to such websites are provided solely for your convenience and should not be deemed to imply that Bosch endorses or recommends those websites or any content therein.

1. How we will use your personal information. You can obtain more information about how we collect, use, disclose and safeguard your personal information by reviewing our full Privacy Policy as set out on our website located at https://www.bosch-pt.com/ptlegalpages/de/ptde/en/as/privacy/
   Any submissions by you through this Website of your personal information will be governed by our Privacy Policy. Please do not submit any other confidential or proprietary information unless you have a written agreement with Bosch related to the sharing and protection of such information. Any information that Bosch receives through this Website, other than your personal information, will be deemed to be non-confidential. By transmitting information to Bosch through this Website or through other electronic means, without a written agreement with Bosch relating to such information, you understand and agree that Bosch may use such information for any legal purpose whatsoever, without obligation to you.

1. Entire Agreement. These Terms of Use, the Privacy Policy and any documents expressly referred to in these terms constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use, or any document expressly referred to in them or our Privacy Policy. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Use.
2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Use to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
3. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at Section 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
4. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Section 15.3 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not pursue you to collect unpaid amounts but we continue to provide the products, we can still require you to make the payment at a later date.
7. Which laws apply to this contract and where you may bring legal proceedings?

   IF YOU ARE A QUEBEC CONSUMER, THIS SECTION DOES NOT APPLY TO YOU ANDYOU SHOULD REFER TO THE QUEBEC CONSUMER PROTECTION ACT TO REVIEW YOUR RIGHTS

   1. This Website is intended for and may only be used by residents of Canada for goods to be sold and delivered in Canada or services to be performed in Canada.
   2. This Agreement and all disputes between the parties arising out of or related to this Agreement shall be governed by the laws of the Province of Ontario except for its choice of law rules and the laws of Canada applicable in the Province of Ontario; the United Nations Convention on the International Sale of Goods shall not apply. Any dispute or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules, within 30 days after either party has notified the other in writing that it is submitting a dispute to arbitration. The place of arbitration shall be the City of Toronto, Ontario, Canada. The language of the arbitration shall be English. If the parties have not agreed on a sole arbitrator within 30 days after the commencement of arbitration, each party shall appoint one person to serve as co-arbitrator of a three person tribunal. The co-arbitrators shall then appoint the presiding arbitrator within 20 days after their appointment. Neither party shall be allowed to object to a co-arbitrator appointed by the other party. If any arbitrators are not selected within these time periods, ICDR Canada sha, at the written request of any party, complete the appointments that have not been made. The arbitrators shall have no authority to award punitive damages or any other damages excluded herein. The arbitration award shall be final and binding, and it may be entered in and enforced by any court of competent jurisdiction. The party prevailing in the arbitration or any other legal proceedings shall be entitled to recover its costs including reasonable attorney’s fees incurred due to the arbitration or other legal proceedings.