CONDITIONS
OF SUPPLY
The
supply of goods by Postage Solutions Inc. ('the seller') shall be subject to
and conditional upon acceptance of the following terms and conditions which
shall apply notwithstanding any purported waiver, expressed or implied, by or on
behalf of the seller. Where there is any conflict between these conditions and
any proposed by the buyer of the goods ('the buyer') these terms and conditions
shall apply. Any condition which the buyer wishes to apply on any supply of
goods must be specifically agreed in writing by the seller.
1.
PASSAING OF PROPERTY
The
risk in the goods supplied shall pass to the buyer on delivery into the buyer's
possession or to the carrier or place of delivery nominated by the buyer and
the seller shall be under no liability whatsoever for any loss or damage
occurring thereafter.
2.
DAMAGE OR LOSS OF GOODS IN TRANSIT
Responsibility
for damage to or loss of goods in transit prior to the passing of the risk in
the goods will only be accepted by the seller if the buyer notifies the seller
within two working days of delivery in the case of damage or within two working
days from the date of receipt of invoice in the case of loss or non-delivery.
Claims for shortages or damage will not be accepted after a clear receipt has been
given to the seller or the seller's agent. If goods cannot be examined on
delivery, delivery sheets or documents presented to the buyer should be signed
'Unexamined' and any damage or shortage discovered after examination of the
goods notified in writing to the seller within two working days after
delivery.
3.
TITLE
Notwithstanding
condition 1, the title of goods supplied, and the equitable ownership shall
remain with the seller until full payment has been received by the seller for
all monies due in respect of the goods supplied.
4.
PRICES
All prices
quoted by the seller are subject to alteration without notice unless otherwise
expressly agreed in writing by the seller or stated expressly in the form of
tender issued by the buyer.
5.
SPECIFICATION
Where
products are manufactured or adapted to the buyer's own specification the
seller accepts no responsibility as regards the fitness for purpose of the
products so supplied, and those goods are not returnable for credit without the
specific prior written agreement of the seller.
6.
ALTERNATIVE PRODUCTS
The
seller reserves the right, should circumstance dictate, to supply a product of
a specification that differs from that detailed in the catalog. In such cases
every effort would be made to supply a product of at least the same
quality.
7.
DELIVERY
The
seller accepts no liability for any loss, damages or expenses arising from the
late delivery of goods by the seller, its agents, or its agents' carriers due
to any cause whatsoever. Any delivery time or date for dispatch or delivery
date which the seller may specify is accordingly an estimate only and thus
should not be relied upon. The seller will, however, seek to achieve delivery
dates specified as far as it is within its power to do so.
8.
PAYMENT
Payment,
unless otherwise specifically agreed in writing between the seller and the
buyer, where the goods are supplied on credit, is due fourteen (14) days from
the date of the seller's invoice. Failure on the part of the buyer to pay the
seller's invoices in the time stated may result in the seller taking
appropriate action to recover the debt, or suspension of the buyer's authority
to purchase goods or services from the seller, or a claim from the seller being
pursued to recover such interest on the outstanding debt as may be appropriate,
or any or all of the aforementioned courses of action as the seller feels
appropriate.
9.
RETURN
For
a credit or refund (as applicable), please contact us by phone at
1-866-284-6644 or send us an email at admin@postageink.ca. We will provide you
with a confirmation and instructions on how to send your order back. Postage
Solutions Inc. reserve the right to charge a 40% restocking fee for any item no
longer required. Shipping and handling fees are not refunded or credited. All
sales are final after 30 days.
10.
GENERAL
In
general, any dealings which the seller may enter into, including any contracts
for the supply of goods which may subsequently be entered into, with other
parties including buyers shall be contracted by the conditions 1 to 9 above
mentioned. In addition, the seller will ensure that no condition which the
buyer may seek to impose on any subsequent contract between buyer and seller
conflicts with any of the previous conditions under which the seller operates.
Should such conflicts be discovered subsequent to the commencement of a
contract then the seller reserves the right to terminate without further notice
any such agreement, in which case the seller will have no liability in respect
of any losses or damage or expenses arising there from.
Intellectual
Property
TO
THE FULLEST EXTENT PERMITTED AT LAW, POSTAGE SOLUTIONS IS PROVIDING THIS WEB
SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY
DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS
WEB SITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, POSTAGE
SOLUTIONS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA
THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. In an effort to provide our
customers with the most current information, price and availability information
is subject to change without notice. Save in respect of your statutory rights
under the Sale of Goods Act 1977 (as amended) and the Unfair Contracts terms
Act 1977 and save in respect our guarantee, we shall not be liable to you by
reason of any implied warranty, condition or other term, or any duty at common
law, or under these terms of our contract with you, for any indirect, special
or consequential loss or damage (whether for loss of profit or otherwise),
costs, expenses or other claims for compensation whatsoever (whether caused by
our negligence) which arise out of or in connection with the supply of the
goods or their use by you.
