Terms and Conditions for Sale of goods.

Wishing Treats by

DANS Franchise Developments Inc.

 

  1. ACCEPTANCE: This purchase order, including these Terms and Conditions, and any additional terms and conditions incorporated into or attached hereto, constitutes the entire agreement between the parties hereto. Making shipments or deliveries hereunder or any other acknowledgement hereof by Wishing Treats by DANS Franchise Developments Inc., notwithstanding any proposals or terms and conditions additional to or different from those contained herein, shall be deemed an acceptance by Wishing Treats by DANS Franchise Developments Inc. hereof and Buyer shall be bound only by the terms and conditions of this purchase order. Buyer recognizes that the Wishing Treats by DANS Franchise Developments Inc. may, for operating convenience, desire to utilize its own form of sale memorandum in acknowledging this order, or acknowledge it otherwise than by simple acceptance. However, it is mutually agreed that any provisions in the form of acceptance used by the Wishing Treats by DANS Franchise Developments Inc. which modify, conflict with or contradict any provision of this order, shall be deemed to be null and void.
  2. SHIPPING: Goods purchased hereunder shall be delivered to Buyer at the delivery point specified on the face thereof. For all orders of $100.00 or over, transportation and handling charges shall be prepaid by the Wishing Treats by DANS Franchise Developments Inc. unless otherwise specified on the face hereof. All goods shall be marked and labelled as required by Buyer and in accordance with all applicable laws and standards. All goods shall be properly packed for shipment so as to prevent any damage thereto during shipment. The Wishing Treats by DANS Franchise Developments Inc. shall ensure that the packing slips for the goods purchased correspond with the order and description indicated on the face hereof.
  3. PRICE: Wishing Treats by DANS Franchise Developments Inc. shall furnish the goods described herein at the price or prices set forth opposite each item within the times agreed with the Buyer. Those prices shall remain firm for the duration of this order unless specifically stated otherwise on the face hereof. Buyers’ rights shall also include the right to increase or decrease quantities at the unit price per specified pouch or ordered batch shown prior to receipt of the complete order at their shipping address. No charges of any kind, including charges for boxing and packing, will be made unless specifically agreed to by Buyer. Price is to cover net weight of goods, unless otherwise agreed. Any discounts allowed by the Wishing Treats by DANS Franchise Developments Inc. shall apply when invoices are so paid. All invoices shall carry current mailing dates. All invoices are paid in advance unless otherwise mutually agreed.
    All prices and related charges shall be in Canadian currency unless otherwise noted on the face hereof. All invoices shall indicate as separate line items each of the applicable taxes. The Wishing Treats by DANS Franchise Developments Inc.’s invoice shall indicate the Wishing Treats by DANS Franchise Developments Inc.’s goods and services tax registration number failing which Buyer shall not be required to pay such invoice until a correct invoice is received
  1. CUSTOM ORDERS: The Wishing Treats by DANS Franchise Developments Inc. shall make candies in accordance with agreed design, colour and flavour, if any, only upon written approval by Buyer of such order details. The Wishing Treats by DANS Franchise Developments Inc. shall not make any substitution or changes in the goods without Buyers’ written consent.
  2. QUALITY-ASSURANCE: The Wishing Treats by DANS Franchise Developments Inc. represents and warrants to Buyer that the goods purchased hereunder shall be,

(i) As of the flavour, colour, design, pattern or image as shown on the face or as mutually agreed in writing for custom orders,

(ii) Of best quality and in full conformity with Buyers’ choice (if any) and all such details contained in this Purchase Order, and shall serve in accordance

(iii) Fit for the use intended by Buyer (provided that the Wishing Treats by DANS Franchise Developments Inc. has reason to know, or should have known, of such intended use).

(iv) Comply with all applicable laws and regulations and any applicable standards. The Wishing Treats by DANS Franchise Developments Inc. agrees that all of the representations and warranties provided for in this Purchase Order shall survive acceptance of and payment for any goods sold by the Wishing Treats by DANS Franchise Developments Inc. or on the Wishing Treats by DANS Franchise Developments Inc.’s behalf. The warranties in the Purchase Order shall be in addition to any warranty of additional scope given to Buyer by the Wishing Treats by DANS Franchise Developments Inc. No implied warranties or conditions, statutory or otherwise can be waived or excluded by the Wishing Treats by DANS Franchise Developments Inc.

  1. DELIVERY & TIMELINESS: Subject to normal operation of the shipping carriers, all Purchased goods shall be delivered at the time or times specified on the face hereof or in the event no delivery schedule is stated as soon as possible. Failure to deliver goods of the quality and within such specified time or times or if none, within a reasonable period of time,
  2. TASTING: Buyer shall have the right to inspect and taste the candies at Wishing Treats by DANS Franchise Developments Inc.’s Caramel Studio any time prior to placing an order. The candies shall not be deemed accepted for return or exchange after such tasting session.
  3. CANCELLATION: Buyer may at any time cancel its order for all or any part of undelivered goods specified in this Purchase Order, or any revisions thereof or any delivery schedule issued pursuant thereto upon two days’ notice in writing to the Wishing Treats by DANS Franchise Developments Inc.
  4. RETURNS: All returns shall be agreed by Wishing Treats by DANS Franchise Developments Inc., prior to shipment by the Buyer. Any return shipment costs shall be the Buyer’s responsibility unless otherwise agreed by the Wishing Treats by DANS Franchise Developments Inc.
  5. CONFORMITY TO LAW: The Wishing Treats by DANS Franchise Developments Inc. represents and warrants to Buyer that the goods to be produced or sold and the services to be rendered under this Purchase Order have been or will have been manufactured, stored, packed, labelled, shipped, provided and performed in accordance with and in strict conformity to all applicable federal, provincial and municipal statutes, order, ordinances, regulations and rules and any applicable standards including Canadian Standards Association standards.
  6. GOVERNING LAW: This contract will be governed, construed, applied and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended from time to time, is hereby expressly excluded.
  7. AMENDMENTS: This contract shall not be changed, modified, terminated or otherwise amended unless made in writing by Buyer and the Wishing Treats by DANS Franchise Developments Inc.
  8. TIME: Time shall be of the essence of this Purchase Order.
  9. LANGUAGE: Buyer and the Wishing Treats by DANS Franchise Developments Inc. confirm that it is their wish that this contract as well as all other related documents, including notices, have been and shall be drawn in English only.