NDS Packaging Terms & Conditions
Terms and Conditions
These terms and conditions apply to the viewing, purchasing and sale of products through www.ndspackaging.com - By viewing this site, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions.
Ownership of Materials, Trademarks and Copyright
The information contained in this site including all images, designs, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by NDS Packaging or its affiliates, or are the property of their respective owners. The contents of this site may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of NDS Packaging or the applicable copyright owner.
Limitation of Liability
NDS Packaging will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. NDS Packaging is not responsible for delays in delivery which result from any circumstances beyond its control. NDS Packaging’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars ($10.00).
Pricing and Specifications
All information regarding pricing, products and services is subject to change. NDS Packaging reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements. Prices listed are net and do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipment. In case of a pricing error, we reserve the right to refund and cancel the order. Those customers who claim exemption from taxes or duties are responsible for providing NDS Packaging with the necessary documentation at the time of purchase or taxes will be added to their order. ND Supplies strives to maintain prices at the lowest level. Occasionally, prices change without notice due to circumstances beyond our control.
Most products are shipped from the NDS Packaging warehouse to your location. Canada Post is commonly used whenever possible. However, should your order exceed Canada Post size or weight limits, a “common carrier” will be selected to expedite delivery. All shipping charges are prepaid by NDS Packaging and added to the customer’s invoice unless you choose to be billed freight collect. A small handling fee will be added to shipping charges. Any additional charges for services requested by the customer, including but not limited to inside delivery, special routing, residential delivery or pre-delivery notification must be paid by the customer. NDS Packaging will ship your order via Canada Post. Our negotiated low rates ensure that any shipping charges will be low.
Customers acknowledge that NDS Packaging is not the manufacturer of any of the products purchased hereunder. Any warranty with respect to the products must come from the manufacturer. NDS Packaging will pass through to customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, NDS Packaging’s liability is limited to the replacement value of the products purchased from this site. NDS Packaging and its affiliates hereby expressly disclaim all warranties either express or implied, related to products, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not affect the terms of the manufacturer’s warranty, if any. Payment Terms For those customers with established credit, payment terms are as per credit agreement. In addition, NDS Packaging accepts all major credit cards by phone at the time of order, or check at NDS Packaging warehouse. COD is only available for those orders picked up at the ND Supplies warehouse or when order is delivered in metro area personally by us. Applicable Law This site is controlled by us from our offices within British Columbia, Canada. By accessing this site you agree that the laws of the Canada, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site. Any litigation will be brought exclusively in Vancouver and customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue. Entire Agreement These terms and conditions constitute the entire agreement and understanding between you, the customer, and NDS Packaging concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by NDS Packaging representatives or any alternate terms supplied by you to NDS Packaging unless otherwise agreed to by ND Supplies in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.