Terms
Wholesale Terms and Conditions
By submitting a purchase order in this website, the “Customer” as indicated in the fields [First Name, Last Name, Company] hereby agrees to the “Supplier’s” (Snowglobe) Wholesale Terms and Conditions.
1. Background
1.1. The Customer desires to purchase the Products in the quantities, prices, delivery times, and payment terms as indicated in the purchase order.
2. Payment Terms
2.1. The Customer shall pay all properly invoiced amounts due to the Supplier as follows:
2.1.1. 50% upfront payment at submission of purchase order.
2.1.2. 50% or remaining balance before shipment.
2.1.2.1. If the Customer fails to pay any owing balances within 15 calendar days from the date of invoice receipt basis, the Supplier will ship at its discretion the product equivalent to the amount paid as upfront payment under section 2.1.1. and the Customer shall be deemed to have accepted the Product.
2.1.2.2. Notwithstanding the foregoing, for any orders that involve custom made Product (including engravings), by failing to pay any owing balances within 15 calendar days from the date of invoice receipt basis, the Customer will authorize the Supplier charge a penalty fee of 25% of the total value of the invoice.
3. Shipment and Delivery
3.1. The Supplier shall select a freight forwarder or carrier (“Carrier”) unless the Customer designates a specific Carrier within a given purchase order. Unless the Customer requests otherwise, all Products ordered by the Customer shall be packed for shipment and storage in accordance with the Supplier’s standard commercial practices.
3.2. It is the Customer obligation to notify the Supplier at the time the order is submitted of any special packaging and shipping requirements, which shall be at the Customer’s expense.
4. Title and Risk of Loss
4.1. Title to, and risk of loss of, the Products shall pass from the Supplier upon shipment to the Customer.
5. Acceptance of Products
5.1. Within (5) business days of receipt of an order of Product from the Supplier, the Customer shall communicate if an incorrect quantity of Product has been received. Any notice of rejection of an order shall be provided from the Customer to the Supplier in good faith and shall state the specific grounds for such rejection.
5.2. If a Product is damaged or defective or fails to conform to the purchase order specifications, the Customer may return such Product to the Supplier, at the Supplier’s expense, within (30) calendar days after delivery, provided however that the Customer shall first give prompt written notice to the Supplier of such damage, defect, or non-conformity.
5.3. If the Customer fails to give notice of any such shortage, damage, defect, or non-conformity to the Supplier in accordance with the foregoing requirements, the Customer shall be deemed to have accepted the Product.
5.4. If the Customer returns a Product in compliance with the foregoing requirements, the Supplier shall replace the returned Product as soon as reasonably practicable. Such replacement Product shall be at no additional cost to the Customer (other than the original purchase price for the returned Product to the extent then unpaid).
5.5. Notwithstanding the foregoing, the Supplier shall not be responsible for any Products that fail to pass inspection as a result of improper storage and handling by the Customer or by the Carrier.
6. Use of Supplier’s Name and Trademarks
6.1. The Customer is hereby granted a non-exclusive, limitedlicense to use the trademarks, service marks, and trade names of the Supplier in connection with advertising, promoting, or reselling the Products.
7. Pricing to Customers
7.1. The Customer will have the sole discretion to establishthe resale and advertised prices for the Products to its customers, and the Supplier will retain no control over the Customer’s resale or advertised prices.
8. Warranty
8.1. The Supplier warrants to the Customer that for a period of 12 months from the date of delivery, all Products delivered to the Customer will: (i) be free from any defects in workmanship, material and design; and (ii) conform to all applicable specifications and other requirements specified in writing by the Customer prior to the shipment of such Product.
9. Terms of Purchase
9.1. The Customer may provide purchase orders, in its standard form, to the Supplier from time to time in respect of its orders for Products. Each such purchase and sale of Products will be on the terms and conditions set out in such purchase order, except to the extent that the terms and conditions of such purchase order are inconsistent with the express provisions of this Agreement.
10. Choice of Law
10.1. This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.