TERMS AND CONDITIONS
Terms and Conditions of Sale
These terms and conditions of sale govern all sales of products and/or services by Alternative Designs Inc. (“Alternative Designs”) through the Oasis Orb website. The acceptance of the products and/or services by any a party (the “Buyer”) shall be deemed to constitute acceptance of the terms and conditions contained herein. Except as otherwise provided herein, the present terms and conditions, together with purchase order forms, shall constitute the complete agreement between Alternative Designs and Buyer with respect to the purchase and sale of products and/or services of Alternative Designs.
Buyer may not modify or cancel any order of products and/or services without the prior written consent of Alternative Designs. Alternative Designs reserves the right to charge back to Buyer costs incurred as a result of order cancellations or changes made by Buyer, and to consider a change or addition thereto as a separate order. Unless otherwise provided, in the event of an incompatibility between the present terms and conditions and the content of a purchase order form, the present terms and conditions shall prevail.
Alternative Designs does not guarantee the availability of the products ordered. Should Alternative Designs be unable to make a complete delivery of any order, Alternative Designs reserves the right to make partial deliveries and to submit invoices for such partial deliveries. Back orders shall be filled as products become available. Alternative Designs shall in no way be responsible for any losses or damages suffered by Buyer as a result of the non- availability or late delivery of products.
The price of the products and/or services may be specified on the Oasis Orb website. If you have received a written quotation for products or services from Alternative Designs the price will be shown on the first page of the quotation. Price quotation, unless otherwise stated, shall automatically expire thirty (30) days from the date of issue. After said thirty (30) days, prices are subject to change. Unless otherwise stated all prices quoted do not include any taxes and are exclusive of transportation, duties, freight, shipping, packaging, handling, brokerage, insurance fees, customs fees or charges and any other fees or charges, all of which shall be assumed entirely by the Buyer. All prices are subject to adjustment on account of specifications, quantities, shipment arrangements or other terms or conditions which are not part of Alternative Designs original price quotation.
Alternative Designs requires all payments to be received in full prior to shipping product to buyer.
Freight, insurances and duties are always at the charge of the Buyer. Transportation charges from Alternative Designs facility to Buyer’s facility shall be paid by Buyer, in addition to the purchase price of the products. Alternative Designs will select the carrier in the absence of specific instructions by Buyer. All deliveries will be made FOB Alternative Designs facility. Delivery of the products to the carrier shall constitute delivery to Buyer. Title and risk of loss shall thereupon pass to Buyer. Alternative Designs will not be liable for any loss or damage resulting of any delay in delivery or failure to deliver which is due to any cause beyond Alternative Designs reasonable control. Buyer acknowledges that delivery dates provided by quotation are estimates only.
Each product supplied by Alternative Designs shall be deemed accepted by Buyer unless written notice of defect or non-conformity is received by Alternative Designs within ten (10) days of receipt of the product by Buyer. All returns must be authorized by Alternative Designs and will be subject to a 15% restocking charge. If such authorization is obtained by Buyer, Buyer may call Customer Service to obtain an authorization number to proceed. All items approved for return must be in unused and resalable condition. Alternative Designs reserves the right to inspect the products before authorizing a return or issuing credit. Refund amount to the buyer may be adjusted if product is found to be incomplete, modified, or damaged. All return costs shall be at the charge of Buyer.
This limited warranty sets forth the full scope of the limited warranty given by Alternative Designs and Alternative Designs liability shall be subject to the terms and conditions set out hereafter: Alternative Designs warrants the products governed by these terms and conditions against defects in materials and workmanship, under normal use, for a period of one (1) year from the date of shipping of the product. If a defect exists, at its option Alternative Designs will (1) repair the product at no charge, (2) replace the product. A replacement product/part shall be covered by the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage.
The warranty granted hereunder extends solely to the original Buyer and shall not be assigned to any other person or entity.
Alternative designs disclaims any representations, warranties and guarantees, whether express or implied, written or oral, including any warranty of merchantability or fitness for a particular purpose. Without limitation, in no event will Alternative Designs be liable for defects or damage resulting from transportation, abuse, negligence, lack of care, inappropriate storage, handling, maintenance, alterations, changes and modifications or failure resulting directly or indirectly from the use of a product not supplied by Alternative Designs, unauthorized repairs or modifications, the use of accessories, items, parts or equipment not authorized by Alternative Designs, normal wear and tear, cosmetic damages, vandalism, theft, fire, floods and all damage caused by a fortuitous event, by force majeure or by a third party.
Buyer assumes all responsibility to ensure the location and conditions of installed products meets requirements of local bylaws.
Buyer as well as any subsequent purchaser or user assumes all the risks and full liability for any and all losses, damages, injuries or damage to its property or to the property of others in connection with the quality, use or performance of the products. Consequently, buyer hereby releases Alternative Designs from all such risks and liability.
Without limiting the generality of the foregoing, neither of Alternative Designs or any of its directors, officers, agents, representatives or employees, or that of any of its affiliates shall be held liable for any direct, indirect, secondary, exemplary, punitive or consequential damages of any kind whatsoever resulting from or in any way related to the products or services or their use, including defects thereof. In particular, but without limitation, Alternative Designs shall not be liable for damages to property, consequential loss, loss of profit or other damages. In any cases, the total liability of Alternative Designs shall never exceed the price of the products paid by buyer.
Indemnification by Buyer
Buyer shall indemnify and hold harmless Alternative Designs, together with its affiliates, related entities, employees, directors, officers, consultants and other representatives, from and against any claims, actions, proceedings, loss, expenses and/or damages (including all legal fees and costs) caused by or relating to the use of the products or services, in any way, by Buyer, including by its subsidiaries, related entities, subcontractors, clients, employees, directors, officers, consultants and other representatives.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and of Canada applicable thereto, without regard to its principles of conflicts of law.