Terms of Sale
Use Of Website
This website is operated by Small Planet Supply, INC. Throughout the site, the terms “we”, “us” and “our” refer to Small Planet Supply INC. Small Planet Supply INC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Acceptance. By purchasing products from us, Small Planet Supply Ulc. (“Company”) you agree to the following terms and conditions. These terms and condition are incorporated into Company’s Purchase Order, Sales Confirmation Order, Invoice and Packing List as well as online orders.
2. Shipping and Delivery. All products are shipped F.O.B., our plant, Vancouver BC unless otherwise specified herein. Promised deliveries are subject to and will be excused by strikes, accidents, inability to obtain products, and other conditions beyond Company’s control.
3. Inspection. Buyer will inspect all products at time of delivery and note on a Bill of Lading any apparent defects. Buyer waives all rights to reject nonconforming products with visible defects if it fails to note the rejected products within five (5) days of delivery. If any of Company’s product(s) are rejected, Company shall have twenty (20) days to cure any defect if Company so desires
4. Warranty. Company warrants that the products will be of good quality and will be free from defects not inherent in the quality required or permitted. This warranty does not extend to products damaged or subjected to accident, abuse, or misuse after shipment from Company, nor to products altered or repaired by anyone other than Company. Company shall not be responsible in any way for the consequences of any alteration, modification, or misuse. COMPANY DISCLAIMS ALL EXPRESS WARRANTIES OTHER THAN THOSE CONTAINED IN THE ABOVE PARAGRAPH, AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION LOSSES, LOSS OF GOODWILL, OR LOSS OF BUSINESS OR CUSTOMER RELATIONSHIPS. THE PARTIES ACKNOWLEDGE COMPANY DOES NOT PARTICIPATE IN ANY WAY IN THE INSTALLATION OF ANY PRODUCTS. THE PARTIES ALSO AGREE THAT BUYER SHALL NOTIFY COMPANY OF ANY CLAIMS UNDER THIS PROVISION WITHIN THREE MONTHS OF THE DATE OF PURCHASE OF THE PRODUCTS OR BUYER WAIVES SUCH CLAIMS.
5, Termination and Liquidated Damages. The products Company sells to Buyer are specifically ordered and/or manufactured products. Should Buyer terminate the contract at any time once Company has ordered or begun manufacture of these products, Buyer shall pay for any costs of order, manufacture and shipping that Company has incurred as of the date it received notice of the termination, plus liquidated damages of fifteen percent (15%) of the original purchase price. Buyer’s payment of these amounts will act as a settlement and release of any claim by Company against Buyer for Buyer’s breach of contract, but shall not release any other claim Company may have against Buyer.
6. Indemnification. Buyer will indemnify Company against, and save Company harmless from, any and all claims, suits or liability arising from injuries to property or persons, including death, and from any other claims, suits or liability on account of any negligent or intentional act or omission of Buyer or any of Buyer’s officers, agents, employees or servants. In any action to enforce this section, including trial and appellate proceedings, reasonable attorneys’ fees shall be awarded to the prevailing party.