Terms of SaleLast updated March 15, 2011
1. Sale and Purchase of GoodsPS Knight Co. Ltd. ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
2. Purchase PriceBuyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment TermsThe total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
4. DeliveryUnless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.
Books are shipped from Altona, Manitoba. In special circumstances and by customer request, books may be shipped from Calgary, Alberta. Individual orders of Book 2 are shipped by courier. Individual orders of Book 1 are shipped by Canada Post. Bulk orders are shipped by Buyer's preferred courier or by the cheapest courier rate from Altona as determined by Friesens Fulfillment. Orders are processed for shipping within two business days.
5. Risk of LossAll items purchased from Seller are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to Buyer upon Seller's delivery to the carrier.
6. Return PolicyThe following terms and conditions apply to returns:
- ALL Customers: Any and all returned items must have been purchased by the Buyer returning the product and be accompanied by a copy of the original invoice. Defective, damaged, or otherwise unsaleable books; incorrect shipments; and mistaken orders must be returned within 30 days of the invoice date. Returns are for store credit only. Credits are not exchangeable for cash and expire if not used within 12 months.
- Individual, Corporate, and Library Customers: Books in undamaged and saleable condition may be returned within 30 days of the invoice date.
- College Bookstores: Books in undamaged and saleable condition may be returned no later than 6 months from the invoice date.
- Wholesalers and Subscription Agencies: Books in undamaged and saleable condition may be returned within 12 months of the invoice date.
- Restocking Fee: Seller does NOT charge restocking fees.
- Shipping Fees: Defective or damaged books may be returned on Seller authorization through the Seller's courier account at its expense. All other return shipment fees are the responsibility of the Buyer.
7. Disclaimer of Warranty/Limitation of LiabilitySeller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.