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Ordering Product Terms and Conditions

PRICING

Your Distributor's quoted prices are exclusive of all taxes and subject to duty and shipping and handling charges where applicable.  All quotations are for immediate acceptance and are subject to withdrawal or revision, without notice.  Your distributor may, after acceptance, revise quotations in the event of changes outside of its control.
You are responsible for payment of all applicable taxes and duties. 
Your distributor cannot guarantee prices or product availability in the event the manufacturer or distributor discontinues the supply of the product. 
All prices are in Canadian dollars.
By confirming your order, you are agreeing to the price of each item.  Please contact your distributor for any discrepancies.

TAXES & DUTIES

Customers who claim entitlement to an exemption must ensure that complete, proper, and accurate supporting documentation has been provided to your distributor in advance, otherwise the customer remains liable for full payment.

PLACING ORDERS POLICY

To ensure accuracy, your distributor will accept orders by facsimile, email, mail, or world wide web transmission only.  When ordering, please include the correct item number, as well as the description.  Please note that where there is a discrepancy between the item number and the description, the item number will govern.

It may not be possible to change or add to an order after it has been placed.  Please place a new order.  Orders can be received 24 hours a day via facsimile.

MINIMUM ORDER POLICY

Any product order placed for an aggregate value of less than $150 will be subject to a handling charge of $20 or 8% of the order value whichever is greater. You are encouraged to consolidate orders where possible to avoid handling charges.

PRODUCT SPECIFICATIONS AND AVAILABILITY

Your manufacturer reserves the right to change product specifications without notice.  The manufacturer does not guarantee that all products listed on this site are in stock or available at all times or to all customers.

TRANSPORTATION

Your distributor will select the carrier.  All shipments are FOB (Freight On Board) from your distributor's warehouse.  Shipments are sent prepaid, and are charged to the customer's invoice or account, unless otherwise specified.  If a customer wishes to select a specific carrier, the shipment will be sent collect.  If a customer wishes to pick up an order, sufficient advance notice must be provided to your distributor.  Any products subject to special transportation requirements will be subject to additional transportation charges.  All property becomes the liability of the purchaser once it leaves your distributor's Shipping Department.

When product orders are shipped FOB destination, prepaid via your distributor's private truck or common carrier, they will be shipped in accordance with scheduled dates of delivery. If you request delivery outside the scheduled mode of transportation, the customer will assume responsibility for any freight costs. Orders where a combination of freight rates apply (more than one freight rate applies between origin and destination) will be shipped FOB the first transfer point freight prepaid and collect beyond.

EXCUSABLE DELAY OR NON-PERFORMANCE

The manufacturer shall use commercially reasonable efforts to fill and deliver your order but shall not be liable for non-performance or delays caused by circumstances beyond the manufacturer's, its supplier's or delivery service provider's reasonable control, including without limitation, fire, floods and other acts of God, accidents, war, violence or civil unrest, unanticipated market shortages of materials, supplies or labour, power failure, and product line shutdowns. Customers should anticipate extended delivery time under the following circumstances:

• If products are subject to special transportation, export, or regulatory requirements;
• If the order is extraordinary in size
• If the order is a custom or special order
• During holiday seasons
• Circumstances beyond the manufacturer's control

PROOF OF DELIVERY POLICY

Customer request for proof of delivery shall be subject to a $20 administrative service charge. 

PAYMENT POLICY

Payment of an invoice shall be in accordance with the terms stated on your distributor's invoice and your payment option (on account if qualified or via Visa/Master Card).  All merchandise remains the property of the manufacturer until full payment is received and validated.  Invoices that are not paid when due in accordance with the terms of your distributor's invoice are subject to a rate of interest of 1.25% per month (15% per annum) or the highest amount allowed by law if lower.

ORDER CONFIRMATION POLICY

Your distributor will confirm all orders prior to processing.  Confirmation will occur within 2 - 3 business days of when the order is placed.

ORDER CANCELLATION POLICY

For goods stocked by your distributor, an Order Cancellation Form will be accepted if your distributor has not shipped the order. In the event that your order has already left their warehouse, please contact our office.

The client is responsible for all PayPal administrative charges incurred when products are purchased via PayPal and canceled thereafter.  These charges are a direct result of PayPal's policies.  A Credit will be issued to the client, minus all PayPal administrative charges, including an additional $25 distributor administration processing fee.

All Order Cancellations are pending until your distributor confirms and provides a Cancellation Authorization Number which will detail all applicable fees.  This response may take up to thirty (30) business days.

Failure to comply fully with these requirements will result in the manufacturer or distributor not assuming any liability whatsoever for cancellation of an order.  Customers shall remain liable for payment in full.

DAMAGED GOODS POLICY

Carefully inspect all merchandise immediately upon pick-up/delivery.  Any damaged goods must be noted on the consignee copy of the freight bill at the time of delivery or THE CLAIM WILL BE DISALLOWED.

Please Note:  If the distributer's carrier is used, the manufacturer or distributor's responsibility for the shipment ends at the customer's receiving dock and this Damaged Goods Policy is applicable.  If the customer opts for their own carrier, then the manufacturer or distributor's responsibilities for the shipment ends once the shipment leaves the distributor's shipping dock.   Should the latter decision be made, the Damaged Goods Policy is no longer applicable for use and the manufacturer and distributor is no longer responsible.  Your claim must then be addressed between you and your carrier.

All damaged goods must be reported in writing immediately to the carrier for inspection.

With any alleged product damage claims, your distributor must be notified in writing and supplied with appropriate supporting documentation and full particulars within two (2) business days of the order's delivery. 

All damaged goods, including original packaging, MUST BE retained by the customer for inspections and/or returned to your distributor.

All Damaged Goods Claims are pending until your distributor confirms and provides an Authorization Number.  This response may take up to thirty (30) business days.

Failure to comply fully with these requirements will result in the manufacturer and distributor not assuming any liability whatsoever for resultant losses from damage(s).  Customers shall remain liable for payment in full.

SHORT SHIPMENT POLICY

Carefully inspect all merchandise immediately upon delivery.  Please pay special attention to any boxes that appear to have been opened.  The client has the option of rejecting the shipment or indicating their finding on the consignee's copy of the freight bill at the time of delivery.  With any alleged product shortage claims, your distributor must be notified in writing and supplied with appropriate supporting documentation and full particulars within two (2) business days of the order's delivery or THE CLAIM WILL BE DISALLOWED.

Please Note:  If the distributor's carrier is used, the manufacturer and distributer's responsibilities for the shipment ends at the customer's receiving dock and this Short Shipment Policy is applicable.  If the customer opts for their own carrier, then the manufacturer and distributor's responsibilities for the shipment ends once the shipment leaves the distributor's shipping dock.   Should the latter decision be made, the Short Shipment Policy is no longer applicable for use and the manufacturer and distributor is no longer responsible.  Your claim must then be addressed between you and your carrier.

All Shortage Claims are pending until your distributor confirms and provides an Authorization Number.  This response may take up to thirty (30) business days.

Failure to comply fully with these requirements will result in the manufacturer and distributor not assuming any liability whatsoever for resultant losses from short shipment.  Customers shall remain liable for payment in full.

GOODS LOST IN TRANSIT POLICY

Carefully count and inspect all the shipping cartons immediately upon delivery.  In the event that any goods are lost in transit, the carrier's delivery slip must be signed accordingly, indicating the specifics of any missing, damaged, or opened merchandise packaging.  Any goods lost in transit must also be noted on the consignee's copy of the freight bill at the time of delivery, or THE CLAIM WILL BE DISALLOWED. 

With any alleged Goods Lost In Transit claims, your distributor must also be notified in writing and supplied with appropriate supporting documentation and full particulars within two (2) business days of the order's delivery.

All Goods Lost in Transit Claims are pending until your distributor confirms and provides an Authorization Number.  This response may take up to thirty (30) business days.

Failure to comply fully with these requirements will result in the manufacturer and distributor not assuming any liability whatsoever for resultant losses from damage, shortage, or loss in transit.  Customers shall remain liable for payment in full.

RETURNED GOODS POLICY

In the event of alleged manufacturing defects, or distributor error, the Returned Goods Form must be completed and forwarded within ten (10) business days of the merchandise delivery's date.  Products with expiry dates, and custom or special orders may not be accepted for return.

In all other cases where a customer wishes to return goods, the customer must make a request in writing and forward said request to their distributor.  Products are only returnable with prior written authorization by your distributor and the receipt of a valid Authorization Number issued by your distributor.

In circumstances other than manufacturing defect or distributor's error, goods ordered and seeking authorization for a Credit Note are subject to the following handling and restocking charges:

Must be returned in saleable condition and in the original packaging

• Within thirty (30) days of invoice date - 20%
• Goods ordered and returned on or after thirty-one (31) days from date of invoice are non-returnable and the customer shall remain responsible for payment in full.
• Shipping and Handling will not be credited.
• Goods that have a Lot Number and an Expiry Date must have this information provided.

A Credit Note (minus any restocking charges and the original outgoing freight charges) will be issued only after the merchandise is received and examined by the distributor's Returned Goods and Quality Assurance Departments, and determined to be in saleable condition.  Until that time, the customer remains liable for payment in full.

Once a RAN (Return Authorization Number) has been issued by your distributor, Please note:

• Products MUST BE returned within five (5) business days or the return will be disallowed
• All returns must be freight prepaid by the Sender
• All returns are to be shipped back to your distributor's warehouse in its ORIGINAL PACKAGING, including the ORIGINAL INVOICE and ORIGINAL PACKING SLIP
• The RAN must be clearly identified on the outside of each parcel

If the error is the fault of your distributor, transportation details will accompany the RAN.

In circumstances of manufacturing defect or your distributor error, goods returned shall not be subject to a handling or a restocking charge provided that the customer has fully complied with all of the terms herein.

Your distributor will not issue a credit for any of the following reasons:

• Custom or special orders
• Discontinued product
• Merchandise not in the standard manufacturer's packaging, mis-labeled or not in saleable condition
• For sterile products, if merchandise is not in original, unopened, undamaged packaging
• Goods purchased through anyone other than an authorized distributor and or purchased from an outside vendor for the convenience of the customer

Failure to comply fully with these requirements will result in the manufacturer and distributor not assuming any liability whatsoever for the request to return goods.  Customers shall remain liable for payment in full.

LIMITED WARRANTY

The manufacturer warrants that its products are free from defect in material and workmanship for a period of ninety (90) days from date of purchase.  In cases when deemed practical to do so, a repair kit will be sent to the user at no charge so that necessary repair(s) can be affected at the user's location. During the warranty period, the manufacturer will repair or replace any parts found to be defective, or the entire product.  This warranty does not extend to any persons obtaining the product from a third party buyer or unauthorized distributer.  The manufacturer and distributor will not be liable for any loss, damage, expense, or consequential damages of any kind arising in connection with the use, or inability to use the products.  The manufacturer or distributor does not assume responsibility for compliance with any regulatory legislation in your jurisdiction.  Before purchase and use of a product, the Purchaser should review the product application and applicable codes and regulations to be sure that the product, installation, and use will comply with them.  The manufacturer and distributor expressly disclaims any liability for losses the Purchaser may suffer as a result of any product non-compliance.  This warranty shall not cover normal wear and tear, abuse, misuse, or accidental damage to the HOBASOLA™ products.

AUTHORIZATION

Any purchase orders placed using the user identification and password allocated to you by your distributor are deemed to be validly authorized by you, and are binding on you. It is your responsibility to advise your distributor of any changes to employee status or other individual you have authorized to use your unique registration identification.

SEVERABILITY

If any provision of these terms and conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and all other provisions shall continue in full force and effect.

FAILURE TO COMPLY

Failure to comply in full with the terms and conditions herein by your distributor shall not relieve the customer of its obligations and responsibilities under these terms and conditions, any additional terms and conditions required by your distributor, and the terms and requirements of the purchase agreement.

APPLICABLE LAW

The applicable law is Ontario Law.

ACCEPTANCE

YOU HEREBY AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ALL THESE TERMS AND CONDITIONS PRIOR TO ORDERING ANY GOODS FROM THIS SITE.

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