WHOLESALE KWESIYA HOME
$600 - $1199
2. PAYMENT & ORDER TRANSACTIONS
3.1 All export and import documentation, licenses, duties, taxes or other obligations or costs relating to the delivery of the Goods shall be the Buyer’s responsibility.
4. SALE OF GOODS & MSRP
6. SHIPPING AND RISKS
6.1 For orders within Canada:
Unless otherwise agreed to in writing, Kwesiya shall arrange delivery of the Goods to you and you will be responsible for the costs associated with delivery. Orders will be shipped via FedEx, UPS or Canada Post or local courrier. While the delivery service utilized by Kwesiya may include insurance for the Goods during transit, Kwesiya makes no representations and gives no warranties in respect to such insurance, and you will be responsible for obtaining any specific insurance you require in respect of the Goods during transit. Risk in respect of the Goods shall pass to you when the Goods are delivered to the carrier.
Free shipping promotions and/or discount coupons for regular retail customers do not apply to Wholesale orders.
6.2 For International orders:
Unless otherwise agreed to in writing, you shall be responsible for the cost of transportation of the Goods from the premises of Kwesiya. Risk in respect of the Goods shall pass to you when the Goods are made available to the delivery carrier. You are responsible for obtaining insurance in respect of the Goods from the time they are made available at the place of delivery (carrier).
7. NOTICE OF DEFECTS/RETURNS
8. ACCEPTANCE OF GOODS WITH KNOWNDEFECTS WAIVESCLAIMS FOR DAMAGES
10. MODIFICATION OF GOODS
10.1 If you modify the goods, they are immediately ineligible for return or exchange. Once merchandise is printed, dyed, washed or altered in anyway, the Buyer cannot return or make a claim relating to such merchandise. The Seller is not responsible for fallout or loss during the garment dye process.
11. SAMPLES AND IMAGES
12. INTELLECTUAL PROPERTY
13.1 Kwesiya shall not be liable:
- Where you have altered or modified the Goods, misapplied the Goods, not followed Kwesiya’s instructions in respect to the Goods or have subjected them to unusual or non-recommended use or handling.
- For loss or damages caused wholly or partly by any factors beyond our control, including, without limitation, any loss resulting from a delay in production or supply of the Goods.
- For any indirect or consequential loss of any kind
14. EXCLUSION OF IMPLIED WARRANTIES
14.1 Kwesiya shall to the extent permitted by applicable laws, and in respect of any legal basis for a claim NOT BE RESPONSIBLE for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. There are no implied warranties of merchantability and fitness applying to the Goods sold by Seller. In any event, the maximum liability shall be equal to repayment by Kwesiya to the Buyer of the payment made for the delayed or defective part of the order.
15. DETERIORATION OF BUYER'S CREDIT
15.1 Kwesiya may terminate this agreement with immediate effect by giving written notice to you if:
- You have failed to comply with a written notice given by Kwesiya specifying a breach of the agreement and requiring you to remedy it within 14 days: or
- Being an individual, you are made bankrupt; or
- being a company, you are placed in liquidation or receivership. On termination, Kwesiya shall have the right to deal with the Goods at its absolute discretion.
16.1 Any transactions between the Buyer and the Seller are governed by the laws of Ontario. To the extent that any court proceedings are commenced, the Buyer and any Guarantor hereby consent to the jurisdiction of the courts of Ontario, for any claims or controversies arising in the sale of garments by the Seller to the Buyer. The Seller also reserves the right to sue the Buyer or its Guarantor in the province or state of its domicile. However, the foregoing shall not in any way diminish or limit the arbitration provisions set forth below.
17.1 AGREEMENT TO BINDING ARBITRATION
Kwesiya and Buyer agree that upon the demand of either party, any claim or dispute between Kwesiya and Buyer and/or any of either parties' parent corporations, successor entities, present and/or former subsidiaries, divisions, and affiliated entities, as well as each of their present and/or former shareholders, directors, officers, employees, attorneys, agents, contractors and representatives ("Agents"), shall be determined by binding arbitration as set forth in this Agreement. Kwesiya and Buyer hereby covenant not to file a lawsuit against each other in contravention of this Agreement. The parties shall be entitled to all of the same remedies as those available for comparable actions in courts. The parties shall be entitled to be represented by independent counsel of their choosing.
17.2 KNOWING AND VOLUNTARY CONSENT TO BINDING ARBITRATION AND WAIVER OF RIGHT TO JURY TRIAL
Kwesiya and Buyer hereby acknowledge that they have read and understand the terms of this Arbitration Agreement and are voluntarily agreeing to its terms. Kwesiya and Buyer also understand that by using binding arbitration to resolve disputes, they will be giving up any right they may have to a judge or jury trial.
17.3 COSTS OF ARBITRATION
The Parties shall each bear their own costs and attorney's' fees in any arbitration proceeding, provided however, that the arbitrator shall have the authority to require either party to pay the costs and attorney's' fees of the other party during the arbitration, as is permitted under federal or state law, as a part of any remedy that may be ordered.
AGREEMENT AND ACKNOWLEDGEMENT