TERMS AND CONDITIONS
I n t e r p r e t a t i o n
In these Terms:
“Company” means Santé EcoLoco or seller of the goods
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
These Terms apply to all contracts for the sale of Goods by the Company.
No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
100% of the invoice price must be paid when placing an order, including all applicable taxes, handling and shipping costs.
The Customer must, within 5 days of being notified of shipment, collect or acceptdelivery of the Goods.
If the Customer fails to collect the Goods or accept delivery within 5 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods.
Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
Risk & Insurance
The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
1 0 .
The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay indelivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
liable for any claim, damage or demand resulting from such non-compliance.
If any statutory provisions under the laws of the Business Practices and Consumer Protection Act of Canada or any other statute apply to the contract between the Company and the Customer then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
replacement or repair of the Goods or the supply of equivalent Goods; or
payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer