Purchase Terms and Conditions
Parties
Signature Supplements Inc. (“Signature”) is a compounder of natural herbs, vitamins, minerals, amino acids and other nutraceuticals ( “Product”), having its head office at 50 Eileen Stubbs Ave, Unit 144, Dartmouth, NS, B3B 0M7. The terms “we”, “our”, and “us” refer to Signature.
“Purchaser” means the individual, corporation or other legal entity which orders Product from Signature. Where the Purchaser is a corporation or other legal entity, the term “Purchaser” also includes the natural health care practitioner (the “Practitioner”) who has prescribed the Product for a patient. The terms “you” and “your” refer to the Purchaser. Where you are making a purchase on behalf of a corporation or other legal entity, you acknowledge that you have the capacity to legally bind that corporation or other legal entity, and are accepting the Agreement as described in the next section on their behalf.
Agreement
The terms and conditions set out in these Purchase Terms and Conditions shall apply to every Order for Product and together with the Order form shall form a legally binding agreement between you and Signature (the “Agreement”). You agree to the terms set out herein. Nothing in any agreement between you and us shall confer any contractual rights on third parties, except as specified therein.
Our Relationship with You and Disclaimer
Our compounded Products are intended for use by health professionals and/or for further compounding only and are not intended for retail sale. Notwithstanding any advice we may provide to you in the compounding of Products we do not provide advice to patients with respect to the prescription, consumption or use of the Product or any other advice of any nature or kind. You are solely responsible for prescribing Products to patients and for fully informing the patient of the benefits and risks of using the Product.
Placing Orders
Product may be ordered by completing a Stock Order Form, Bulk Order Form, Individual Custom Formula Order Form or Practitioner-Designed Stock Order Form or such other form as we may accept from time to time (the “Order”). We may refuse to accept any Order for any reason and, if we do, we will notify you as soon as possible.
Minimum Orders
There is no minimum Order dollar value, just minimums for the number of bottles ordered:
- Signature Supplements Stock Products with Signature Supplements labels: 3 bottles per product per Order
- Practitioner-Designed Stock Products: 10 bottles per product per Order
- Signature Supplements Stock Products and Practitioner-Designed Stock Products Private labelling: 10 bottles per product per Order
Packaging and Labelling
All Products will be packaged in an appropriate container at our discretion and shipped securely and safely. Product labelling will be based on instructions provided by the practitioner on the original Order form.
Delivery
All Orders will be filled in priority sequence and shipped as soon as possible. Any delivery estimates provided by us are not guaranteed. Furthermore, Signature shall in no way be responsible for any delays in delivery caused by third party couriers or errors on your part in your submitted delivery address. Formulas requiring non-stocked ingredients may require additional time for shipping. The Product shall be deemed delivered at the time it is shipped. A bill of lading or other written evidence received from the shipper shall be conclusive proof of shipment.
Shipping
We will ship all Product by ground via a courier of our choice. The following shipping and related charges will apply to all Orders:
Canada
- For Orders over $375 – free of charge
- For Orders under $375:
- Atlantic Canada – $10
- Ontario and Quebec – $12
- All other areas – $16
Outside Canada
Shipping and handling charges will be calculated based on destination.
Air Freight
All Orders requiring air freight will be assessed on an individual basis. Please contact us for details.
Expedited Orders
In the case of expedited orders, we will be applying a $10 fee to identify your order as high priority.
Third Party Shipping
We will ship directly to a patient or other third party if requested, if the name and address of the patient or third party is set out on the Order Form. If no other address is specified, the Product will be shipped to you at your last known address, or the address specified in your online account.
Uncontrolled Delays
We manage our inventory with great care in an ongoing effort to retain a constant supply of all ingredients. However, products will sometimes be out of stock due to circumstances beyond our control. Should this happen, you will be advised accordingly.
Pricing
Prices for Stock Products are set out in the Stock Price List, a copy of which is available upon request. Prices for ingredients to be used in all types of custom formulas are set out in the Custom Formula Price List. Price lists are subject to change from time to time without notice and the current price lists will apply. In addition to the price of ingredients, there will be a custom formula charge for Individual Customer Formula orders, which will be charged each time the formula is compounded. There is no custom formula charge for Practitioner-Designed Stock Orders regardless of the number of ingredients in the formula. A 10 bottle minimum applies. Quotes for all custom formulas are available upon request. If you do not request an advance quote when placing an order, you will be deemed to have accepted the price charged in the invoice. Prices are exclusive of provincial and federal sales taxes and all applicable sales taxes will be charged to you in addition to the price. Shipping and handling charges are extra. Volume discount pricing is available by agreement.
Where you are making a purchase from outside of Canada, purchases of Product may be subject to duties, national or local taxes in your jurisdiction, and/or brokerage or customs fees. You acknowledge that you are solely responsible for any of these additional charges.
Payment and Credit Terms
If you are a new Purchaser, you agree to complete a credit application in a form to be provided by us. Existing Purchasers may be required to complete a credit card application from time to time to allow us to update our records. Product will be shipped only after your credit application has been approved by us. Our standard credit terms are net 30 days from the invoice date. Signature may revoke established credit terms on accounts that are not in good standing. Payments also may be made by credit card (VISA and MasterCard). Credit card payments are processed before we ship your order. Interest will be applied to all past due accounts at a rate of 24% per annum (2% per month). All accounts over 120 days past due will be sent to a collection agency. A charge of $25 will be applied to all returned cheques.
Return Policy
If a Product is determined to be defective or damaged upon receipt as a result of our error, either in its contents or packaging, we will replace the item or provide a full refund. All defective or damaged items, or any invoice discrepancies must be reported to us within five business days of receipt of the Product for credit consideration. Certain powdered Product may have a disagreeable taste, smell, and/or appearance that is characteristic of that Product. Issues pertaining to Product taste, smell and appearance will be carefully inspected before any consideration of defective claims can be considered.
General Exclusion of Implied and Statutory Warranties
With the exception of the limited warranty specifically provided below, Signature hereby excludes the application of all express or implied warranties, conditions and obligations of Signature, whether statutory or otherwise, concerning the fitness of Product for any purpose.
Signature’s Sole Warranty
Signature warrants that the Product has been compounded in accordance with your specifications or as otherwise stated on the package label. We do not warrant the effectiveness or suitability of any Product for any purpose. Our liability to you is absolutely limited to a return of the purchase price where the Product was not compounded in accordance with your specifications or as described on the label.
Your Warranties
You represent and warrant to us that you are a Practitioner or, where you are a corporation or other legal entity that all Product ordered for or provided to a patient has been so ordered or provided on the advice of a Practitioner within the Practitioner/Patient relationship. You further represent and warrant that each patient for whom Product is ordered or provided has been or will be fully apprised of the risks associated with the use of the Product in all of the circumstances. You acknowledge and agree that we will not verify the suitability of or otherwise warn patients in respect of the Product, including but limited to its uses, effectiveness, risks or side effects.
Practitioner Insurance
You represent and warrant that you carry adequate liability insurance against claims related to the use of the Product by third parties.
Release and Waiver
You hereby remise, release and forever discharge us and our affiliates, directors, officers, successors and assigns of and from all manner of actions, causes of actions, suits, debts, accounts, liabilities, covenants, contracts, claims and demands which you have ever had, now have or which you can, shall or may have against us for or by reason of any cause, matter or thing whatsoever arising out of or attributable to the use or consumption by you or a third party of Product delivered by us, including but not limited to, the use or consumption of Product by any patient.
Indemnification
You agree to indemnify, defend and hold us and any of our affiliates, directors, officers, successors and assigns harmless against all manner of actions, causes of actions, suits, debts, accounts, liabilities, covenants, contracts, claims, demands, losses, expenses, damages and costs, including without limitation any reasonable lawyers’ fees incurred by us, resulting or arising from or relating to (a) the use or consumption by any third party of Product delivered by us, including but not limited to, use or consumption of Product by a patient;(b) the failure to deliver Product or otherwise comply with any agreement for the sale and delivery of Product; or (c) your failure to fulfill your obligations under the Agreement.
Force Beyond Control
We will not be liable for any non-performance or delay in performance that is due wholly or partly to fire, flood, any act of God, the Queen or Her enemies (foreign or domestic), riot, act of war (whether or not declared), terrorism, labour dispute or other cause beyond the reasonable control of either party.
Governing Law
The Agreement and your Order is subject to and shall be construed in accordance with the laws of the Province of Nova Scotia in force at the time. Each of the parties consents to the exclusive jurisdiction of the courts of Nova Scotia with respect to all disputes arising under the Agreement.
Partial Invalidity
Where one or more provisions of the Agreement are found to be invalid, unenforceable or void by any court or tribunal of competent jurisdiction, the remaining terms and provisions of the Agreement shall be deemed to be severable from the part so found and shall remain in full force and effect.
Amendments
You agree and acknowledge that we may from time to time change these terms and conditions without further notice to you and that the version of these terms and conditions in place at the time that an Order is placed will govern the Order. The latest version of these terms and conditions are available upon request, or at the specified URL on the Signature Website.
Extenuating Circumstances
From time to time, situations may arise based on the nature of an Order that require additional terms and conditions. Should this occur, you will be provided with ample time and the additional terms and conditions prior to finalizing your Order.
