Application of Terms and Conditions
1. The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller and
2. These Terms and Conditions shall govern the Invoice to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted by the Seller, or any such order is made or purported to be made, by the Buyer.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|Business Day||1.Means any day other than a Saturday, Sunday or Canadian statutory holiday.|
|Buyer||1.Means the person who accepts a quotations or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.|
|Invoice||1.Means the list for the purchase and sale of the Goods which shall incorporate, and be subject to, these Terms and Conditions.|
|Invoice Price||1.Means the price stated in the item list of the invoice payable for the Goods.|
|Delivery Date||1.Means the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller, as evidenced in the Invoice.|
|Goods||1.Means the Goods including any instalment of the Goods or any part for them which the Seller is to supply in accordance with the invoice.|
|Month||1.Means a calendar month and|
|Seller||1.The Genius Sanremo Group made up of Genius Coffee N’ Espresso Equipment Inc located at 4516 Dawson st, Burnaby BC, V5C 3C1 and Sanremo Espresso Machines Canada Located at 116 Geary Ave, Toronto, ON, M6H 4H1.|
1. Delivery: All deliveries will be made Ex Works from Vancouver or Toronto (depending on stock).
2. Prices: The prices of the Goods are those prices specified on the front of the invoice. Pricing for undelivered Goods may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
3. Taxes: Unless otherwise agreed to in writing by Seller, all invoice items are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.
4. Payment: Payment may be made by check, money order, credit card or wire transfer (all fees are borne by the Buyer). A surcharge of 3% for credit card sales will be added to the invoice to any invoice over $1500,00. All invoices are due in full on receipt.
5. Returns, Refunds and Exchanges:
Returns: Only goods originally shipped from the Seller will be considered for return to the Seller. By a Buyer requesting return of goods to Seller, the Buyer certifies that the goods were purchased from Seller and there has been no substitution of the good from another supplier, distributor or other source of the good. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a Seller sales representative via a Return Material Authorization (RMA).
Exchanges: Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from Seller that have been used or altered and any items that have been sold as Demos or Used will not be accepted for exchange.
Non-Cancelable and Non-Returnable Items: Goods listed as NC/NR status (Non-cancelable and Non-Returnable) are identified on the Invoice. Some of this goods are Electronic boards, Customized goods, Special orders, Power plugs, Espresso machines, Grinders.
Return Freight / Restocking Fee: Seller reserves the right to charge cancellation and restocking fees, at a minimum rate of 15% to be deducted from the Buyer refund. Seller does not refund the original shipping and handling. Buyer is responsible for all return freight charges. Seller does not accept COD shipments.
Refunds: Upon receipt and inspection of returned item(s), Seller will advise of the refund status. In the case of factory warranty or failure analysis, Seller will issue any applicable credit pending manufacturer confirmation of failure. Seller initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account.
How to Return an Item:
- I. Contact a Seller sales representative within 30 days of ship date of item(s) by calling our toll-free number at 1 855 292 2233 or by emailing firstname.lastname@example.org.
- II. Seller will issue a Return Material Authorization (RMA) number. Once the RMA number is received, item must be returned within 14 days. Seller will provide the Buyer with specific instructions on where to mail / return item(s) with the RMA number. In most cases returned items will be shipped to the Seller warehouse located at: 4516 Dawson St, Burnaby, BC V5C4C1 Canada
- III. Include the signed RMA in the return package stating the reason for the return and the original receipt.
- IV. Limited Warranty: Seller will transfer to Buyer any Good warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Goods purchased hereunder will conform to the applicable manufacturer’s specifications for such goods and that any value-added work performed by Seller on such Goods will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Goodion (without interest), (2) repair of such Goods, or (3) replacement of such Goods; provided that such Goods must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Good has been subject to misuse, static discharge, neglect, accident or modification. All warranty claims need to be made directly to the seller representatives before any decision can be made.
- V. Limitation of liabilities: buyer shall not be entitled to, and seller shall not be liable for, loss of profits or revenue, promotional or manufacturing expenses, overheads, business interruption cost, injury to reputation or loss of buyers, punitive damages, loss of contracts or orders or any indirect, special, incidental or consequential damages of any nature. Buyer’s recovery from seller for any claim shall not exceed the purchase price paid for the affected goods irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise. buyer will indemnify, defend and hold seller harmless from any claims based on (a) seller’s compliance with buyer’s designs, specifications, or instructions, (b) modification of any goods by anyone other than seller, or (c) use in combination with other goods.
6. Use of Goods: Goods sold by Seller are not designed, intended or authorized for use in anything else than what they are meant for.
7. Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Good, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labour, materials or Goods through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty.
8. Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Goods or Services constitute a representation or warranty, express or implied.
9. General: (a) The laws of Canada will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Goods, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.