|
|
TERMS OF SALE
|
The following terms and conditions (the "Terms") govern the sale by US Can Pharmacy
to you (the "Customer") of the products and services (the "Products") offered for
sale by US Can Pharmacy. By accepting delivery of the Products described on a purchase
order, Customer agrees to be bound by and accepts these Terms.
|
1. Other Documents. These Terms may not be altered, supplemented, or amended by the
use of a Customer purchase order or similar Customer document. Any attempt by Customer
to alter, supplement or amend this document or to enter into an order for Product(s)
that is subject to additional or altered terms and conditions will be null and void,
unless otherwise agreed to in a written agreement signed by both Customer and US Can
Pharmacy. US Can Pharmacy may change these terms and conditions as they relate to
future sales or deliveries at any time without prior notice.
|
2. Governing Law. These Terms will be governed by and construed in accordance with
the laws of the Province of British Columbia and the laws of Canada applicable therein,
without giving effect to any principles of conflicts of laws. All disputes, controversies
or claims arising out of or in connection with these Terms shall be submitted to and
be subject to the jurisdiction of the courts of the Province of British Columbia.
The parties submit and attorn to the exclusive jurisdiction of the courts of the Province
of British Columbia to finally adjudicate or determine any suit, action or proceeding
arising out of or in connection with these Terms.
|
3. Privacy Policy. By submitting an order for products and services from US Can Pharmacy,
the Customer consents to the collection and use of personal information as described
in our privacy policy published on the US Can Pharmacy web site. US Can Pharmacy reserves
the right to amend its privacy policy from time to time by posting the updated policy
on its web site. The Customer agrees to review the privacy policy each time it submits
an order for products or services.
|
4. Orders; Prices; Payment Terms; Interest. Orders are not binding upon US Can Pharmacy
until accepted by US Can Pharmacy in writing. The prices for the Products shall be
as set forth in US Can Pharmacy's website as at the time of acceptance of an order
by US Can Pharmacy. Prices for Products shall be subject to change without any further
notice. Credit terms are within US Can Pharmacy's sole discretion, and unless otherwise
specified in US Can Pharmacy's invoice, payment must be received by US Can Pharmacy
prior to US Can Pharmacy's acceptance of an order. Payment for the Products will be
made by a credit card accepted by US Can Pharmacy, wire transfer or money order. Personal
cheques are not accepted. If credit terms have been agreed to by US Can Pharmacy,
invoices are due and payable within thirty days after the date of the invoice. Customer
agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.
|
5. Shipping and Dispensing Charges; Taxes. Separate charges for shipping & handling
and dispensing will be shown on US Can Pharmacy's invoice(s). The Customer is responsible
for goods and services tax, sales and all other taxes associated with the order, however
designated, except taxes on US Can Pharmacy's net income. If applicable, a separate
charge for taxes will be shown on US Can Pharmacy's invoice.
|
6. Title. Title to Products passes from US Can Pharmacy to Customer at the time the
Products leave US Can Pharmacy's Canadian warehouse. Customer shall be responsible
for all loss or damage to the Products that occur during shipping. Ship dates are
estimates only. US Can Pharmacy is not liable for delays in shipment or failure to
ship by the estimated ship date.
|
7. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY
ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, US Can Pharmacy
DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS
AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. US Can Pharmacy'S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS
LIMITED TO REPLACEMENT OF THE PRODUCT.
|
8. Return Policy. Due to the nature of the Products, Products are not returnable.
All sales are final sales.
|
9. Exchanges. From time to time, US Can Pharmacy may, in its sole discretion, exchange
and replace a Product, in the event of damage or defect of the Product. Any exchanges
will be made in accordance with US Can Pharmacy's exchange policies in effect on the
date of the exchange.
|
10. Products. US Can Pharmacy may revise and discontinue Products at any time without
prior notice.
|
11. Limitation of Liability. US Can Pharmacy DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR PRODUCTS
NOT BEING AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, US Can Pharmacy
WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING
IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT
OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES
OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS,
OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT
INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
|
12. Exports. The Customer acknowledges that the Products sold hereunder are subject
to applicable export control laws and regulations.
|
13. Entire Agreement. Customer agrees that these Terms and any document incorporated
by reference or referred to herein constitute the entire agreement between Customer
and US Can Pharmacy pertaining to the subject-matter of these terms and conditions,
and supersedes, terminates and otherwise renders null and void any and all prior agreements,
understandings, negotiations, contracts, proposals or requests for proposals, whether
written or oral, between Customer and US Can Pharmacy. In the event of a conflict
between these terms and conditions of sale and any of the documents incorporated by
reference or referred to herein, these terms and conditions of sale shall govern.
|
14. Severability. The invalidity or unenforceability of any provision of these terms
and conditions shall not affect the validity or enforceability of any other provision
hereof and any such invalid or unenforceable provision shall be deemed to be severable.
|
15. Headings. The section headings used herein are for convenience of reference only
and do not form a part of these terms and conditions, and no construction or inference
shall be derived therefrom.
|
16. Force Majeure. US Can Pharmacy shall not be liable for any delay or failure in
performance caused by circumstances beyond its reasonable control.
|