Herbal Dispensary Orders – Terms & Conditions
Natural Harmony Chinese Medicine Clinic Ltd. (NHCMC) is the parent company for Organic Chinese Herbs. NHCMC is not responsible for the subsequent misuse or misrepresentation of any herbs, materials or products purchased. Providing any medical advice relating to patients, illness or disease is not included within the scope of the herbal pharmacy or dispensary service. We are not providing any suggestions, recommendations or instructions regarding dosage, safety or caution information, contraindications, potential drug/herb interactions, or end-use of these herbs or materials.
It is assumed that all safety and caution guidelines are within the scope and responsibility of the customer/purchaser ordering these herbs. The services of NHCMC are only to dispense herbs to your specifications and requests, and it is understood that as a trained and/or licensed Practitioner/Herbalist/Doctor of Traditional Chinese Medicine you are solely responsible for any and all prescriptions, dosages, labelling, instructions, precautions and safe use of these herbs/materials.
The customer/purchaser shall be responsible for complying with all relevant regulations, bylaws, legal, safety and health restrictions or considerations related to the prescriptions, recommendations, resale, distribution and/or any use of items purchased from NHCMC. The customer/purchaser further agrees to indemnify and hold NHCMC free from any and all claims. In no event shall NHCMC or its persons be liable for any incidental, consequential, special damages or strict liability of any kind or nature whatsoever, whether alleged to arise from breach of contact or in tort, including without limitation any alleged negligence, error, failure to warn or provide proper instructions, any health related complaints, complications or consequences, lost profits or funds, and/or any and all expenses, costs, losses, damages and/or claims which are alleged to arise from any product, item, service or contract hereto.
Wholesale Orders – Terms & Conditions
1. AGREEMENT. The “Agreement” applies to all Products (“Herbs”) and Services purchased or received by the Customer (“the Buyer”) from Organic Chinese Herbs (“OCH”). These Terms and Conditions comprise the parties’ entire Agreement, superseding prior discussions, correspondence, negotiations and proposals.
2. ACCEPTANCE OF AGREEMENT. By placing an order with OCH and OCH accepting such, the Buyer agrees to be bound by the Terms and Conditions contained herein. The Agreement shall become binding when OCH receives its first order from the Buyer and shall remain binding for all future orders and correspondences made between the Buyer and OCH.
3. PRICE & PAYMENT. Unless expressly stated otherwise in writing by OCH, the purchase price excludes all charges and expenses connected to the shipment of Herbs to Buyer, and all taxes of any kind that either party is required to pay with respect to the sale of Herbs covered by this Agreement, but includes packing costs. It is understood that pricing may change from time to time, and that the Buyer shall pay OCH in accordance with OCH’s current pricing in Canadian dollars.
4. TITLE & RISK OF LOSS. OCH is open to various shipment options. Title and full risk of loss (including transportation delays) passes to Buyer upon delivery of Herbs by the OCH to the courier. Delays, losses, injury, damage or destruction of the Herbs during shipment relieve Buyer of its obligation to pay OCH for the Herbs. OCH reserves the right to deliver up to five (5)% more or less than the quantity ordered without any adjustment to the price.
Organic Chinese Herbs uses strict quality control procedures to ensure that botanical items shipped from our location are completely free of insects and parasites. Despite all of our efforts to ensure the cleanliness of our herbs, it does not mean it will stay pest-free forever. All natural materials can attract insects. Please observe good storage guidelines, and if minor infestation is discovered, please freeze immediately. We will replace or offer a refund for items found to contain pests within 30 days of purchase, if the material has been stored correctly. Any items infested after this time become the sole responsibility of the customer. Refunds are for merchandise amount only, not for any additional cost.
5. DELIVERY & DELAYS. OCH is not responsible for any difficulties, delays, losses, damages, errors or deficiencies of Canada Post or private courier service delivery. OCH shall not be liable for any losses resulting from any delay in delivery. Any claim by Buyer for shortage or other errors in shipment shall be made within ten (10) days after the date of delivery to Buyer. OCH shall not be liable for any non-performance, loss, damage, or delay due to war, acts of terrorism, riots, fire, flood, strikes or other labour difficulty, governmental actions, acts of God, acts of the Buyer or its customer, transportation delays, inability to obtain necessary labour or materials from usual sources, or other causes beyond the reasonable control of OCH. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended at least by the length of time lost due to such delay.
6. LIMITED WARRANTY & LIABILITY. OCH makes no health related representations whatsoever regarding the functions, indications, treatments or use of Herbs and/or materials sold. OCH is not responsible for the subsequent misuse or misrepresentation of any herbs or materials purchased. OCH does not provide any suggestions, recommendations or medical advice relating to patients, illness or disease, including instructions regarding dosage, safety or caution information, contraindications, potential drug/herb interactions, or end-use of the Herbs or materials. It is agreed that all prescriptions, dosages, labeling, instructions, precautions, safety and caution guidelines are within the scope and responsibility of the Buyer. The Buyer shall ensure that any use, prescriptions, recommendations, further resale or distributions related to the Herbs or materials by the buyer is in compliance with all applicable statutory requirements, regulations, bylaws, legal, safety and health restrictions or considerations, and the Buyer will indemnify OCH against any liability loss or damage which OCH might suffer as a result of the Buyer’s failure to comply with this condition. Because OCH does not grow, produce or manufacture any Herbs, OCH does not provide any express or implied warranty with respect to the quality of Herbs. OCH provides a limited warranty that it sells Herbs in accordance with their description. OCH shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Agreement, for any direct or consequential loss or damage sustained by the Buyer (including, without limitation, loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of OCH, its servants or agents or otherwise) which arise out of or in connection with the supply of Herbs or their use or resale by the Buyer. The Buyer further agrees to indemnify and hold OCH free from any and all claims alleged or asserted by a third party arising out of the relating to the Herbs purchased by the Buyer . In no event shall OCH or its persons be liable for any incidental, consequential, special damages or strict liability of any kind or nature whatsoever, whether alleged to arise from breach of contact or in tort, including without limitation any alleged negligence, error, failure to warn or provide proper instructions, any health related complaints, complications or consequences, lost profits or funds, and/or any and all expenses, costs, losses, damages and/or claims which are alleged to arise from any Herb, product, material, service or contract hereto.
7. CONFIDENTIALITY & INTELLECTUAL PROPERTY. Both parties shall regard as confidential the Agreement and all information obtained by the parties relating to the business and/or products, including details pertaining to accounts, patients, formulas and orders, and will not use or disclose to any third party such information without the other partys prior written consent provided that this undertaking shall not apply to public information. Sale of the Herbs to Buyer does not convey a license, implied or otherwise, under any patent, copyright, trademarks or trade secret in which OCH has an interest.
8. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable laws of Canada. Any dispute arising out of this Agreement must be first attempted to be resolved by negotiations in good faith, and only if a dispute is not settled, it may be litigated in the courts of British Columbia. The parties agree that the Courts of British Columbia shall have jurisdiction to entertain any legal proceedings based on this Agreement. Each party attorns to the jurisdiction of the Courts of British Columbia.
9. CANCELLATION & RETURNS. No order which has been accepted by OCH may be cancelled by the Buyer except with OCH’s agreement in writing and on terms that the Buyer shall indemnify OCH in full against all losses (including loss of profit), costs (including the cost of all product, labour and materials used), damages, charges and expenses incurred by OCH as a result of cancellation. Due to the perishable nature of the Herbs, no Herbs may be returned to OCH. Buyer’s obligations under Sections 3, 6, 7 and 8 shall survive termination of this Agreement.
10. ASSIGNMENT. The Buyer shall not assign its rights or delegate its duties under this sale Agreement without the prior written consent of Organic Chinese Herbs, such consent not to be unreasonably withheld. Organic Chinese Herbs may assign its rights or delegate its duties under this Agreement by providing written notice to the Buyer.
11. MISCELLANEOUS PROVISIONS. Time is of the essence for the purposes of this Agreement. The governing language is English. This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective heirs, executors, administrators or other legal persons or representatives, successors and assigns, as the case may be. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby. No variation of this Agreement will be effective unless agreed in writing between the authorized representations of the Buyer and OCH. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing.