and conditions of sale for EPI-ACCESS INTERNATIONAL Inc.
1.1 "Buyer" means the individual
or organization who buys or agrees to buy the Goods from the Seller.
"Contract" means the contract between the Seller and the Buyer for the
sale and purchase of Goods incorporating these terms and conditions.
"Goods" means the articles that the Buyer agrees to buy from the Seller.
"Seller" means EPIACCESS INTERNATIONAL Inc. (www.epiaccess.ca) 2143
old Hwy 17, Clarence-Rockland, Ontario, K4K 1K7.
and conditions" means the terms and conditions of sale set out in this document
and any special terms and conditions agreed in writing by the Seller.
2.1 These terms and conditions shall apply
to all contracts for the sale of Goods by the seller to the buyer.
Acceptance of delivery of the goods shall be deemed conclusive evidence of the
acceptance of these terms and conditions.
variation to these terms and conditions (Including any special terms and conditions
agree between the parties shall be inapplicable unless agreed in writing by the
3.1 All orders
for goods shall be deemed to be an offer by the buyer to purchase goods pursuant
of these terms and conditions and are subject to acceptance by the seller. The
seller may choose not to accept an order for any reason.
Where the goods ordered by the buyer are not available from stock the buyer shall
be notified and given a new delivery date.
4.1 The price of the goods shall be that
stipulated on the seller's website. The price excludes delivery charges which
must be paid upon delivery.
4.2 Payment of goods must be made
within 30 days of delivery date.
5. RIGHTS OF SELLER:
The seller reserves the right to adjust the price and specification of any item
on the website at its discretion.
5.2 The seller reserves the
right to withdraw any goods from the website at any time.
The seller shall not be liable to anyone for withdrawing any goods from the website
of for refusing to process an order.
Goods supplied within Canada will normally be delivered within 4-6 weeks of acceptance
of order .
6.2 Goods supplied outside Canada will normally
be delivered within 8-10 weeks of acceptance of order.
Where a specific delivery date has been agreed, and where this delivery date cannot
be met, the buyer will be notified and given the opportunity to agree on a new
6.4 The seller shall use its reasonable endeavors
to meet any date agreed for delivery. In any event time of delivery shall not
be of the essence and the seller shall not be liable for any losses, costs, damages
or expenses incurred by the buyer or any third party arising directly or indirectly
out of any failure to meet any estimated delivery date.
Delivery of the goods shall be made to the buyers address specified in the order
and the buyer shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery.
6.6 Title and risk
in the goods shall pass to the buyer upon delivery of the goods.
CANCELLATION AND RETURN POLICY:
7.1 The buyer shall
inspect the goods immediately upon receipt and shall notify the seller by fax
at the following number (613) 446-0086 within 10 working days of delivery if the
goods are damaged or do not comply with any of the contract. If the buyer fails
to do so the buyer shall be deemed to have accepted the goods.
Where a claim of defect or damage is made the goods shall be returned by the buyer
to the seller. The buyer shall be entitled to a full replacement (including delivery
costs) plus any return postal charges if the goods are in fact defective.
Goods must be returned by the buyer at the buyer's expense and should be adequately
insured during the return journey.
7.4 Goods to be returned
must clearly show the purchase order number obtained from the Seller on the package.
7.5 Where returned goods are found to be damaged due to the
buyer's fault the buyer will be liable for the cost of remedying such damage.
LIMITATION OF LIABILITY:
Nothing in these terms and
conditions shall exclude or limit the liability of the seller for death or personal
injury resulting from the negligence of the seller or that of the seller's agents
9. FORCE MAJEURE:
seller shall not be liable for any delay or failure to perform any of its obligations
if the delay or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes, lock outs, accidents,
war, fire, breakdown of plant or machinery or shortage or unavailability of raw
materials from a natural source of supply, and the Seller shall be entitled to
a reasonable extension of its obligations.
CHANGES TO TERMS AND CONDITIONS:
The seller shall be entitled
to alter these terms and conditions at any time. But this right shall not affect
the existing terms and conditions accepted by the buyer upon making a purchase.