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Customer Information

TERMS AND CONDITIONS OF SALE

Advantage Box Company Limited (“Seller”) has agreed to sell, and the person identified as the buyer (“Buyer”) on the attached sales order (the “Sales Order”) has agreed to purchase, the goods described in the Sales Order and the relevant invoice issued by Seller (the “Invoice”) in the quantities therein stipulated (collectively, the “Goods”) in consideration for the Purchase Price, as herein defined, on the terms and conditions of the Sales Order, the Invoice and as follows (collectively, the “Terms and Conditions”).

  1. ENTIRE AGREEMENT: Unless otherwise specifically evidenced by a separate written addendum duly signed by Buyer and Seller, the Sales Order, the Invoice and the Terms and Conditions constitute the entire agreement made between Buyer and Seller in relation to the purchase and sale of the Goods (the “Agreement”) and supersedes all other understandings, whether verbal or written, of Seller and Buyer. Buyer acknowledges its acceptance of this Agreement by (a) signing the Sales Order or (b) accepting any part of the Goods. For all purposes Buyer shall be deemed to have accepted the Goods at the time of the delivery of the Goods, or any part thereof, to Buyer unless Buyer refuses to accept physical possession of the Goods at that time and terminates this Agreement.
  2. PURCHASE PRICE AND PAYMENT: The purchase price for the Goods (the “Purchase Price”) is equal to the purchase price (exclusive of taxes) stipulated in the Invoice issued by Seller to Buyer in relation to the purchase and sale of the Goods as herein contemplated. Unless otherwise stated in the Invoice, the Purchase Price is in Canadian dollars. Within five days of receipt of the Invoice Buyer may reject the Goods and terminate this Agreement if, and only if, the Purchase Price stipulated by the Invoice is greater than the purchase price which Buyer agreed to pay Seller in consideration for the Goods. Buyer shall pay the Purchase Price and all applicable taxes to Seller in accordance with the payment terms stipulated on the Invoice or in any other case, within thirty days of delivery of the Goods.

  3. CLAIMS, WARRANTIES & LIMITATIONS OF LIABILITY: Seller represents and warrants to Buyer that Seller owns the Goods and has good and marketable title thereto and Seller shall indemnify and save harmless Buyer against any legal action undertaken by any person claiming a right over the Goods. Seller shall not be liable under any circumstances to Buyer or to any other person where the claimed damages result in whole or in part from misuse of the Goods or the use of components other than those supplied by Seller or where the Goods are not stored, handled, used, packed or disturbed in accordance with the customary good commercial practices of the trade.

    EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN OR PROHIBITED BY LAW, GOODS ARE PROVIDED ON AN “AS-IS” BASIS AND SELLER EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, GUARANTEES AND ASSURANCES, EXPRESS OR IMPLIED, RELATING TO OR ARISING OUT OF THE GOODS OR THE AGREEMENT, INCLUDING ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND GUARANTEES AS TO MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE, OR FROM A COURSE OF DEALING OR USAGE OR TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR ANY REPRESENTATIVE OF SELLER SHALL CREATE A REPRESENTATION, WARRANTY, COVENANT, GUARANTEE OR ASSURANCE. ANY SUCH INFORMATION OR ADVICE IS GIVEN AND ACCEPTED AT BUYER’S OWN RISK. BUYER’S EXCLUSIVE REMEDY, AND SELLER’S SOLE LIABILITY, IN RESPECT OF ANY CLAIM, WHETHER IN TORT, CONTRACT, WARRANTY OR OTHERWISE, SHALL BE LIMITED TO REIMBURSEMENT TO BUYER OF THE PURCHASE PRICE PAID FOR THE GOODS AND ALL APPLICABLE TAXES PAID BY BUYER.

  4. DELIVERY: Seller shall deliver the Goods to Buyer at the location specified in the Sales Order (the “Delivery Location”) at no additional cost to Buyer. The Goods shall be and shall remain at the risk of Buyer from and after the time of delivery to Buyer or its agent or carrier for transportation to Buyer. Seller shall not be liable to Buyer or any other person for any failure or delay in the delivery of the Goods if such failure or delay is caused, directly or indirectly and whether in part or in whole, to an event beyond Seller’s reasonable control.
  5. TITLE TO GOODS: Title to all Goods shall remain with Seller until payment of the Purchase Price and all applicable taxes has been received by Seller. If Buyer fails to pay the Purchase Price to Seller when due, Seller, without prejudice to its other remedies, may repossess the Goods at any time thereafter and may suspend the delivery of all goods to Buyer.
  6. INFRINGEMENT CLAIMS: Buyer shall indemnify and save Seller harmless from and against every legal claim (including a claim for infringement) arising, in whole or in part, in relation to the preparation, assembly, manufacture or use of any of the Goods, including any printing of any design or legend thereon, by Seller in compliance with Buyer’s specifications, requests, or directions and from all actions and proceedings arising in connection therewith, and all judgments or other recovery therein. Buyer shall promptly pay to Seller any such judgment or recovery together with Seller’s reasonable costs and expenses (including legal expenses incurred in investigating, settling or defending any such claim or action.).
  7. TIME, WAIVER AND TERMINATION: Time is of the essence of this Agreement. The waiver by either Seller or Buyer of any breach under the Agreement shall not be deemed to be a waiver of any subsequent breach. The failure to enforce any provision of these Terms and Conditions shall not be deemed to be a waiver of such provision. Except as permitted by this Agreement, Buyer shall not be permitted to terminate this Agreement or to return the Goods to Seller. The provisions of clauses 2, 3, 5 and 6 survive termination of the Agreement.
  8. GOVERNING LAW: The Agreement shall be governed by, and construed in accordance with, the laws in force in the Province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflict of laws principles. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Sale of Goods Act (British Columbia), as amended, replaced or re-enacted from time to time, and each of the parties submits to the exclusive jurisdiction of the courts of the Province of British Columbia, to the exclusion of all other jurisdictions, for the interpretation and enforcement of this Agreement; provided, however, that Seller may sue in any court having competent jurisdiction over Buyer in respect of any amount due and owing to Seller from Buyer

Privacy Policy

Advantage Box Company Limited (the terms “we”, “us”, and “our” refer to Advantage Box Company Limited) is committed to maintaining the accuracy, confidentiality, and security of your personally identifiable information (“Personal Information”). As part of this commitment, our privacy policy governs our actions as they relate to the collection, use and disclosure of Personal Information. Our privacy policy is based upon the values set by the Canadian Standards Association’s Model Code for the Protection of Personal Information and Canada’s Personal Information Protection and Electronic Documents Act.

1. INTRODUCTION

We are responsible for maintaining and protecting the Personal Information under our control. We have designated an individual or individuals who is/are responsible for compliance with our privacy policy.

2. IDENTIFYING PURPOSES

We collect, use and disclose Personal Information to provide you with the product or service you have requested and to offer you additional products and services we believe you might be interested in. The purposes for which we collect Personal Information will be identified before or at the time we collect the information. In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address and payment information is provided as part of the order process.

3. CONSENT

Knowledge and consent are required for the collection, use or disclosure of Personal Information except where required or permitted by law. Providing us with your Personal Information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of a product or service, except as required to be able to supply the product or service.

4. LIMITING COLLECTION

The Personal Information collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Information from you in person, over the telephone or by corresponding with you via mail, facsimile, or the Internet.

5. LIMITING USE, DISCLOSURE AND RETENTION

Personal Information may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law. Personal Information will only be retained for the period of time required to fulfill the purpose for which we collected it or as may be required by law. In the course of daily operations, access to private, sensitive and confidential information is restricted to authorized employees who have a legitimate business purpose and reason for accessing it. Our trusted product and service suppliers may at times be responsible for processing and handling some of the information we receive from you. When we contract our suppliers to provide specialized services, they are given only the information necessary to perform those services.

6. ACCURACY

Personal Information will be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is to be used.

7. SAFEGUARDING

Customer Information Personal Information will be protected by security safeguards that are appropriate to the sensitivity level of the information. We take all reasonable precautions to protect your Personal Information from any loss or unauthorized use, access or disclosure.

8. OPENNESS

We will make information available to you about our policies and practices with respect to the management of your Personal Information.

9. CUSTOMER ACCESS

Upon request, you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to it. You may verify the accuracy and completeness of your Personal Information, and may request that it be amended, if appropriate. However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security or commercial proprietary restrictions.

10. HANDLING CUSTOMER COMPLAINTS AND SUGGESTIONS

You may direct any questions or enquiries with respect to our privacy policy or our practices by using the Contact Us form on our company website.

ADDITIONAL INFORMATION

Cookies

A cookie is a small computer file or piece of information that may be stored in your computer’s hard drive when you visit our websites. We may use cookies to improve our website’s functionality and in some cases, to provide visitors with a customized online experience. Cookies are widely used and most web browsers are configured initially to accept cookies automatically. You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website.

Other Websites

Our website may contain links to other third party sites that are not governed by this privacy policy. Although we endeavour to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by third party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.