Terms and Conditions of Sale
Terms of Sale: Under the Terms and Conditions of the Sale that follow, Fixx RX Inc. and FIXX RX LLC, both operating as FIXXRX, is the Seller, and the person or organization being billed is the Buyer. Any Terms and Conditions of Sale which are different from or in any way inconsistent with our standard terms and conditions of sale shall be of no force or effect.
Term: No order will be entered until payment is received in full by credit card processed through this website.
Title and Payment: Acceptance of delivery constitutes acceptance of the goods. Title to subject goods will pass from the Seller to the Buyer when the purchase is paid in full. Notwithstanding however, Buyer assumes the burden of risk and loss from the date the goods leaves the shipping dock of Seller.
Changes or Cancellations: Buyer may cancel this agreement by writing to Seller info@fixxrx.com within 24 hours of placing an order at no charge and without further obligation. Otherwise, Buyer may not terminate this agreement and in such event Buyer shall indemnify Seller from any and all losses, costs and expenses it incurs, including legal fees.
Returns & Warranty: No goods may be returned for refund of the purchase price, credit or replacement except on prior written approval of Seller. Upon approval of return, a 25% restocking fee will be charged. Warranties are limited and applicable only as covered by the manufacturer (Warranty Policy). This paragraph sets forth the sole and exclusive warranty of Seller. All other warranties, expressed or implied, are hereby disclaimed unless otherwise agreed to in writing by Seller. Buyer to complete form attached (Warranty Exchange Form) for return or warranty application. Buyer is solely responsible for shipping costs of sending goods back to Seller.
Delays: Seller shall not be liable for any failure, delay or interruption in the performance of this agreement which is occasioned by causes beyond Seller’s control (i.e. strikes, fires, carrier, subcontractor, labour, material shortages). Delays so caused shall not release Buyer from its obligations to accept and pay for goods. Seller shall have such additional time to ship the goods as may be reasonable or appropriate under all circumstances.
Shipping: Unless otherwise noted, all sales are F.O.B. shipping dock. All shipping times are estimated. Dates quoted are typically “the week of”, not the actual date of departure or arrival. Delivery costs will be subject to actual shipment by manufacturer plus shipping time. Buyer shall pay all costs and charges for or relating to delivery, shipment, freight, transportation, duties, handling, storage, insurance and related items.
Inspection: Buyer shall physically inspect and examine the goods at time of receipt. If Buyer is of the opinion that the goods are damaged, Buyer shall (a) take photographs of the damaged product and (b) notify Seller in writing, within 24 hours of receiving delivery of any such alleged damage, by e-mailing photos and a description to Seller info@fixxrx.com. If Seller has not so received written notice, then the shipment and the goods shall be conclusively deemed to be accepted by Buyer.
Taxes & Duties: Prices do not include taxes and duties applicable to the sale, delivery or use of goods delivered; and Buyer shall pay for such taxes and duties.
General: All covenants, representations, warranties and agreements of Buyer contained in this agreement are joint and several if there is more than one Buyer and shall bind Buyer’s personal representatives, heirs, successors and assigns. If a provision of this agreement is held invalid or unenforceable, the invalidity or unenforceability does not affect any other provision and this agreement shall be construed as if the invalid or unenforceable provisions had not been set forth in it. This agreement constitutes the full, final and exclusive agreement between parties. This agreement cannot be modified unless in writing and signed by both parties. This agreement shall be construed in accordance with the law of the Province of Ontario.