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Returns, Warranty and Shipping

Terms And Conditions

Privacy Policy

Returns Warranty and Shipping

DEFINITIONS

  • Buyer means the person who buys or agrees to buy the Goods from the Seller.
  • Conditions means the terms and conditions set out in this document and any special terms and conditions agreed to in writing by the Seller.
  • Delivery Date means the date specified by the Seller when the Goods are to be delivered.
  • Goods means the articles which the Buyer agrees to buy from the Seller.
  • Price means the price for the Goods excluding carriage, packing and GST, PST, HST, or applicable tax.
  • Seller means Nuna Innovations Inc.

CONDITIONS APPLICABLE

  • These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions which the Buyer may purport to apply under any purchase order confirmation or similar document.
  • All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
  • Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
  • Any variation of these Conditions (including any special terms and conditions agreed to between the parties) shall be inapplicable unless agreed to in writing by the Seller.
  • The Seller may cancel any contract at any time before the Goods are delivered by giving written notice. On giving written notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

SAMPLES AND DESCRIPTIONS

  • The provision by the Seller of samples for analysis by the Buyer or the inspection of samples by the Buyer will not render any sale a sale by sample.
  • No guarantee or warranty is given that the Goods will correspond exactly to the description of a sample and the use of a description or sample will not constitute the contract of a sale by description or sample or a sale by sample and description.

WARRANTIES AND LIABILITY

  • Other than those specific warranties issued by the Seller for a specified application, no condition is made or implied, nor is any warranty given or to be implied as to the quality condition or fitness of the Goods, or that they will be suitable for any particular purpose or for use under any specific conditions notwithstanding that such purpose or conditions may be known or made known to the Seller, and any such conditions implied by statute custom of the trade or otherwise are hereby excluded. The Buyer must satisfy itself that the Goods are suitable for any product or application for which they are to be used before the Goods are incorporated in such product or application.
  • Defective goods will be shipped back to the Seller at the cost of the Buyer where they will be exchanged or repaired and returned to the Buyer.
  • No on site repairs are offered or expected of the Seller.

RETURN POLICY

  • Returned goods must be received within 30 days of the original shipment date. No refunds or exchanges will be given for goods received more than 30 days from date of original shipment.
  • Returns are generally processed in 2-3 business days from the time we receive them. For refunds, please allow an additional 2-5 business day for your credit card provider to apply the refund to your credit card. We reserve the right to inspect returned products before issuing a return credit or exchange product (i.e. confirming damaged product).
  • Shipping charges are non-refundable.
  • Returned goods are subject to a 15% restocking fee.
  • We are not responsible for any damage that may occur during the return shipment of your order.
  • All products to be returned or exchanged must have their complete original packaging materials.
  • Returned goods must be received in saleable condition in order to receive a refund or exchange. Credit will not be issued for used or damaged goods.
  • We require the original or a copy of the original invoice for all returns.

DELIVERY OF THE GOODS

  • Unless otherwise agreed, delivery of the Goods shall be made to the Buyer’s address on the delivery date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  • The Seller may deliver the Goods by separate installments in accordance with the agreed delivery schedule. Each separate installment shall be invoiced and paid for in accordance with the provisions of these conditions. The failure of the Seller to deliver any one or more of the said installments on the due date shall not entitle the Buyer to treat the contract as repudiated. The failure of the Buyer to pay for any one or more of the said installments on the due date shall entitle the Seller (at the sole option of the Seller):
    • without notice to suspend further deliveries of the Goods pending payment by the Buyer; and/or
    • to treat the contract as repudiated by the Buyer.
  • The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all. Dates of delivery are approximate only and shall under no circumstances be essential terms of any contract. A delay in delivery including delivery later than the date or dates in the Seller's written quotation shall not constitute a breach of contract and shall not entitle the Buyer to avoid the contract or to any other remedy unless the Seller has guaranteed the date of delivery in a written warranty which expressly modifies the provisions of the Conditions . In particular, the Seller is not responsible for any loss, or damage or expense caused by delay in Deliveries or failure to deliver as a result of strikes, lock outs, penalty clauses, fire, the elements, war, civil commotion, industrial disputes, shortages of material or fuel, notwithstanding that the Seller has taken all reasonable steps to procure the same, shortage of labor, breakdown or partial failure of plant or machinery, late receipt of the Buyer’s specifications or other necessary information, acts, orders, or regulations of governments, delay on the part of any subcontractor or supplier or any cause whatsoever beyond the reasonable control of the Seller and in such circumstances, notwithstanding any warranty given by the Seller modifying the provisions herein the time for Delivery of the goods shall be extended for a reasonable period having regard to the cause of the delay.
  • If the Seller so agrees the Goods may be collected from the Seller’s premises by the Buyer. In such event, when the Buyer is notified that the Goods are ready for collection, the Buyer shall collect the Goods without delay. If the Goods are not collected by the Buyer within 3 days of being so notified the Seller may dispatch the Goods at the Buyer's expense and risk or store them at the expense and risk of the Buyer.
  • The Seller reserves the right to charge the Buyer any costs, charges or expenses incurred by the Seller as a result of vehicle or wagon detention or demurrage of ships in consequence of any act or omission of the Buyer, its servants or agents or as a result of special requirements or stipulations of the Buyer not provided for in the contract.
  • Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that the delivery shall be tendered at any time within three months of the Delivery Date.

ACCEPTANCE OF THE GOODS

  • The Buyer shall inspect the Goods on delivery and shall, within 3 days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or sample. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
  • The Buyer shall notify the Seller of any non-delivery of the whole consignment of the Goods within 3 days of the date of dispatch followed by a complete claim in writing within 7 days thereof. Notwithstanding the receipt by the Seller of any such notice, a clear signature on the carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity of Goods indicated on the advice sheet unless the said sheet is endorsed “not examined”.
  • If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Seller making good any shortage by replacing such Goods or, if the Seller shall elect, by refunding a proportional part of the Price.
  • The Seller’s liability to the Buyer, whether for any breach of contract or otherwise, shall not in any event exceed the Price and the Seller shall be under no liability for any direct loss and/or expense or indirect loss and/or expense (including loss of profit) suffered by the Buyer or liability to third parties incurred by the Buyer.
  • All warranties and conditions whether implied by statute or otherwise, are excluded from the contract of sale of the Goods provided that nothing in these conditions shall restrict or exclude liability for death or personal injury caused by negligence of the Seller or affect the statutory rights of a Buyer dealing as a consumer.

TITLE AND RISK

  • The Goods shall be at the Buyers risk as from delivery to carrier.
  • In spite of delivery having been made, property in the Goods shall not pass from the Seller until:
    • The Buyer shall have paid the Price in full plus GST, PST, HST, or applicable tax.
    • No other sums whatsoever shall be due from the Buyer to Seller.
  • Until property in the Goods passes to the Buyer, the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.
  • The Seller shall be entitled to recover the Price (plus GST, PST, HST, or applicable tax) notwithstanding the property in any of the Goods has not passed from the Seller.
  • Until such time as property in the Goods passes from the Seller, the Buyer shall upon request deliver up such Goods as have not ceased to be in existence or re-sold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
  • The Buyer shall not pledge or in any way charge by way of security for any indebtedness, any of the goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatsoever owing by the Buyer to the Seller shall forthwith become due and payable.

REMEDIES OF THE BUYER

  • The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expenses (including loss of profit) suffered by the Buyer arising out of a breach of contract by the Seller, but such Goods, if returned to the Seller and accepted by it as defective, at the request of the Buyer and if practicable will be replaced as originally ordered.
  • In the event of any breach of contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

INSOLVENCY OR OTHER DEFAULT OF THE BUYER

If all sums in respect of the goods shall become payable if:

  • the Buyer fails to make payment for the Goods in accordance with these Conditions of Sale or commits any other breach thereof or
  • if distress or execution should be levied upon any of the Buyer's goods or
  • if the Buyer offers to make any arrangement with its creditors or commits any act of bankruptcy or
  • if any petition in bankruptcy is served against the Buyer or the Buyer is unable to pay its debts as they fall due or
  • if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or
  • if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets, or
  • if the Buyer shall suffer any analogous proceedings under foreign law, all sums in respect of the Goods shall become payable immediately.

The Seller may in its absolute discretion and without prejudice to any other rights which it may have:

  • Suspend all future delivery of Goods to the Buyer and/or terminate the contract without liability and its part; and/or
  • Exercise any of its rights pursuant to clause Acceptance of Goods.

SET OFF AND COUNTER CLAIM

  • The Buyer may not withhold payment of any invoice or any amount due to the Seller by reason of any right to set off or counter claim which the Buyer may have or allege to have or for any reason whatever.
  • The Seller shall be entitled to a general lien on all goods of the Buyer in the Seller’s possession (including goods of the Buyer which have been paid for) for the unpaid Price of all Goods sold to the Buyer by the Seller under any contract.

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