GENERAL TERMS AND CONDITIONS OF SALE-Part 1
Company. This website is owned and operated by the Variety Marketers Inc.
Acceptance: The customer’s payment constitutes acceptance of the terms and conditions on this page. Definitions: As used in these General Terms and Conditions of Sale, the term “Goods” shall mean the equipment, fixture, product or machinery and other tangible property from time to time sold or offered for sale by Variety Marketers Inc. hereinafter referred to as “Seller”; the “Seller” shall mean the entity selling or offering such Goods and the term “Buyer” shall mean the entity to whom such Goods is sold or offered.
Other Terms: These General Term and Conditions of Sale contains all of the terms applicable to any sale of or offer to sell now or in the future Goods. Seller specifically objects to any additional or different terms contained in any document used by Buyer. Any acceptance of Goods by Buyer or any payment by Buyer of any part of the purchase price shall be deemed to be a waiver of any additional or different terms contained in Buyer’s documents and an acceptance of all of these General Terms and Conditions of Sale, notwithstanding the acknowledgement by Seller of Buyer’s purchase order or other document provided by Buyer. No order for Goods or Services shall be binding on Seller until it is acknowledged in writing by Seller. Price:
Unless otherwise stated, all prices are in CAD for Canadian Customers or U.S. Dollars for US Customers. Prices relating to Goods are ex factory, place of manufacture or storage warehouse. No amount is included in any price for sales, use, privilege, excise or other taxes imposed on or measured by the gross receipts from the sale of the Goods. Buyer shall promptly pay any such charge directly to the governmental authority assessing them or reimburse on demand any such charges paid by Seller. All shipping, insurance, crating, freight and other charges shall be paid by Buyer unless otherwise arranged with Seller. Payments: All payments shall be in U.S. Dollars, freight collect without offset, backcharge, retention or withholding of any kind.
All invoices shall be payable within thirty (30) days for accounts granted credit status, and all other invoices shall be payable before shipping of Goods. Any amounts not paid when due will be subject to interest at the rate of 1-1/2% per month or the highest nonusurious rate permitted by applicable law, whichever is less. Payments made through a confirmed irrevocable letter of credit in form and on banks acceptable to Seller will be considered on a per request basis.
Shipment: Prices include the cost of packing and crating required for normal domestic transportation. Freight charges included in any price are subject to adjustment for actual cost incurred by Seller. In the event that any Goods will be shipped out of the continental limits of the Canada and the United States of America, all fees and expenses relating to export documentation, export-packing, marking or importation into the country of destination shall be the responsibility of the Buyer.
Changes: Seller reserves the right to change the details of any Goods provided that such change shall not impair the performance or critical dimensions of such Goods. Additional Costs: In addition to the purchase price, Buyer shall pay Seller any cost incurred as a result of (a) changes in the Goods or Services or delays in delivery requested by Buyer; (b) delays in delivery arising from Buyer’s failure to provide information, drawings or materials; or (c) changes in the laws, codes, rules or regulations applicable to the goods after the date of quotation by Seller.
Minimum Order There is a minimum order of US$100 on all call in or fax orders. The online shopping cart has no minimum to buy. Returns on all orders of US$100 and less will be subjected to an administrative charges (equal to Variety Marketers Inc.’s expenses for shipping, handling and administration), in addition to bank, and restocking fees. Interpretation:
Any sale or agreement to sell Goods shall be interpreted according to the laws of the State of Ontario, Canada excluding any provision thereof that would direct the application of the laws of another jurisdiction. Buyer agrees that any sale of or agreement to sell Goods will be deemed to be made and performed solely in Ontario, Canada to the exclusion of all other jurisdictions.
Limitation of Liability: Either neither Seller nor Buyer shall have any liability to the other for any incidental or consequential damages arising from the sale of Goods or the failure of either party to fully perform any agreement to sell Goods. SELLER SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR COST ARISING FROM THE FAILURE TO DISCOVER OR REPAIR LATENT DEFECTS OR DESIGN DEFECTS IN ANY GOODS. BUYER SPECIFICALLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM FOR INCIDENTIAL, RESERVOIR, SPECIAL, INDIRECT, CONSEQUENTIAL AND EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO MULTIPLE DAMAGES UNDER ANY DECEPTIVE TRADE PRACTICE OR CONSUMER PROTECTION LAWS. Waiver: The waiver by either Seller or Buyer of any breach under these General Terms and Conditions of Sale shall not be deemed to be a waiver of any subsequent breach of a like or different nature. The failure to enforce any provision of these General Terms and conditions of Sale shall not be deemed a waiver of such provision. Arbitration: Any dispute arising from or relating to the sale of Goods, including the interpretation of these General Terms and conditions of Sale, shall be resolved by binding arbitration according to the seller’s Arbitration Program. Indemnity: BUYER HEREBY ASSUMES AND AGREES TO INDEMNIFY, DEFEND, PROTECT, SAVE, KEEP, AND HOLD HARMLESS SELLER, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS AND INVITEES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTION, LIABILITIES, DEMANDS AND EXPENSES (INCLUDING ATTORNEY FEES AND OTHER LEGAL EXPENSES) OF WHATSOEVER KIND AND NATURE, FOR INJURY TO, OR ILLNESS OR DEATH OF ANY PERSON AND FOR ALL DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, PERSONAL INJURY OR DEATH (COLLECTIVELY ?LOSSES?) RELATING TO, CONNECTED WITH IN ANYWAY, ARISING OUT OF, OR ON ACCOUNT OF THE GOODS PURCHASED HEREUNDER UNLESS SUCH LOSSES ARISE SOLELY FROM PROVIDING THE GOODS.
The foregoing indemnity is a material part of this transaction, supported by and in consideration of a reduction in the purchase price and is intended to apply notwithstanding the joint or concurrent negligence of Seller. The Buyer is indemnifying Seller even though Seller may be jointly or concurrently negligent.
Risk of Loss: Seller shall bear the risk of loss of the Goods until the goods are delivered to the carrier, including carriers contracted, owned or controlled by Seller or notification to Buyer that the Seller is ready for shipments whichever occurs first. Thereafter, Buyer shall bear the entire risk of loss of the Goods.
All shipments are shipped without insurance unless otherwise requested specified by Buyer. Savings Clause: In the event that any term or provision of the Customer Order or these Terms and Conditions shall be invalid, illegal or unenforceable the parties hereto direct that no other provision shall be affected thereby and such invalid, illegal or unenforceable position shall be interpreted by court of competent jurisdiction so as to make it as valid, legal and enforceable as is possible under law.
Attorney Fees: In the event any action at law or in equity is required in order to enforce or interpret the terms and provisions of a Customer Order and/or these Terms and Conditions the prevailing party shall be entitled to receive reasonable attorney’s fees and costs of court in addition to such other relief as such party may show itself entitled.
Entire Agreement: These Terms and Conditions of Sale constitute the entire agreement of the parties and supersede all discussion, arrangements, negotiations, representations and warranties, if any, relating to the Goods covered hereby. Facsimile: *A facsimile signature or initialing shall be deemed the same as an original so as to have same force and effect. Export Laws: This Commodity may be subjected to the Export Laws of the United States of America and Canada.
GENERAL TERMS AND CONDITIONS OF SALE-Part 1