BYNATURE IMPORT INC PURCHASE AGREEMENT TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
The terms of this purchase agreement constitute the agreement between the undersigned (the “Purchaser”) and ByNature Import Inc (“ByNature”) and supersedes all prior oral and written statements regarding the order. ByNature will not be liable for any delays in delivery.
All orders are sold on a Cash Before Delivery (“CBD”) basis.
PRESERVED PRODUCTS TERMS
Colours, shapes, textures and size of naturally preserved elements used to create ByNature products will contain variations and irregularities from products originally viewed in print, online, or on location. ByNature cannot be liable if such naturally preserved elements once delivered, are not exactly the same as originally shown and explained. By signing this agreement, you agree that such variations and irregularities are acceptable. Nature is not a factory, nor is it a man made products. It cannot be considered perfect as natural variations always exist. Many of ByNature’s products have not been tested for flammability, it is then the responsibility of the client to require such information before signing this agreement. Once signed, ByNature cannot be liable if the product does not meet the building or local requirements.
As with many preserved natural products, there may be a smell associated with the product that is more or less prominent depending on the species of plant, the environment of the space and your own sensitivity to odours. The smell tends to fade upon a few weeks but some variables (ventilation, relative air humidity, sun exposure, etc) are variables that are beyond ByNature’s control and can impact the smell dissipation and then ByNature cannot be liable if the smell persists. Reindeer moss may become dry in a subsequently dry or cold environment (humidity under 35%), due to seasonal variations (Winter vs Summer) as well as due to man made systems such as heaters and air conditioning. While this will not impact the look of the moss, it is best to leave the moss alone during this period (do not touch or water). The moss will become soft again once humidity levels return back to normal. It is recommended that all preserved moss and folia panels not be stored in boxes or confined spaces lacking air flow for longer than 4 weeks.
ByNature does not offer any warranty. If, after inspection, ByNature determines that the claim is in accordance with the terms of this warranty, ByNature will repair or replace the defective material, or will refund the original purchase price of the defective material.
All information related to staff safety such as presence of asbestos in the building, structural limitations and any unsafe work environment must be shared with ByNature prior to commencing any work. Failure to do so may result in a delay or cancellation of installation, additional charges and/or legal action.
ByNature cannot be liable for any adverse health effects or allergies related to improper use or ingestion of faux or preserved products supplied and delivered by ByNature.
The client is responsible for confirming with ByNature if the product needs to be non-flammable or fire retardant prior to approving a quotation. ByNature cannot be liable if the product does not match the client expectations after the quotation has been approved.
Rendered design plans and site visits are additional services provided by ByNature and are recommended for large custom projects before they are finalized, manufactured and/or installed. Like all our natural products, plant textures, shapes, colours and sizes may vary between the confirmed design render and the final product produces. For these additional services, a design or site visit fee is billed and must be paid in full prior to any services being rendered. Clients who have paid a design fee are entitled to one complimentary review of the design plan should they be unsatisfied with the result or would like to make a change. A fee will apply should any further changes be requested. Please note that all custom designs produced by ByNature are also the creative and intellectual property of ByNature. Similar to photographers and songwriters, ByNature must be appropriately credited for any of its design work when produced or published.
SHIPPING AND CLAIMS
Delivery is not included if not quoted. ByNature will not be liable for any delays in delivery that are out of their control. This includes Act of God, shipments being lost in transport, border inspections, or shipments being damaged during delivery. ByNature, however, will do its best to deliver goods in good order and within the lead time provided. The shipping date and delivery date on the purchase order is used as reference and to provide an approximate date of delivery. It is important that you carefully examine your shipment at time of the delivery to check the integrity of the delivered product. If any damages are observed, they will need to be immediately reported to the carrier and noted on the bill of lading before signing. ByNature cannot be held responsible for damaged products if the shipment has not been properly checked at time of delivery. Once a shipment is accepted by the client, ByNature will not accept any returns. All claims for damages in shipping (including concealed damage), or loss of boxes must be filed with the shipping carrier within two (2) days of delivery.
Any claim beyond damages occurring during deliveries must be made to ByNature in writing or via email within three (3) business days after delivery. Failure to make a claim within this time will constitute acceptance of the merchandise and waiver of any shortages, damages, errors, or other claims. In certain cases, products may be held before final payment is made. Once payment is completed, the products will be released and delivered.
This Purchase Agreement shall be governed by the laws and jurisdiction of the Province of British Columbia.
If any provision of this Purchase Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Purchase Agreement and such provision shall be severable from the remainder of this Purchase Agreement.