Legal Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS.
These Terms and Conditions govern the relationship between you and Cardinal Health Canada Inc. ("Cardinal Health Canada") with respect to your purchase of any products made available on or through our website at www.cardinalhealth.ca (the "Products").
You agree that the agreement formed by these Terms and Conditions is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.
1. PRODUCT PRICING
- The prices displayed on this website are quoted in Canadian dollars.
- The price of any Product does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties or brokerage fees. You are responsible for the payment of the same.
2. PURCHASING A PRODUCT
- If you wish to purchase any Products, you must provide us with, among other things, a valid [Visa® or MasterCard®] card number or pay pursuant to the issued invoice. By submitting this information to us, you give us permission to charge your order to the card that you designate.
- Advertisements on this website are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed order form constitutes your offer to purchase the Products referenced in your order under these Terms and Conditions. Your order will be deemed accepted only if and when we send a shipping notice email to the email address that you have provided to us. That shipping notice email constitutes our acceptance of your order and forms a legally binding contract with Cardinal Health Canada.
- The total price of your order will be charged to your credit card when our shipping notice email has been sent to your email address.
- We reserve the right to limit quantities available for sale or sold.
- Subject to applicable laws, we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever, including but not limited to: (i) limitations on the quantities of any Products available for purchase; and (ii) inaccuracies or errors in Product or pricing information on this website. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.
3. MINIMUM ORDER POLICY
A minimum order policy is in effect. Orders below a minimum order value (before applicable taxes) are subject to a handling fee.
4. THIRD PARTY PRODUCT DESCRIPTIONS
YOU ACKNOWLEDGE THAT THE DESCRIPTIONS OR CLAIMS OF ANY THIRD PARTY PRODUCTS PUBLISHED ON THE SITE HAVE BEEN AUTHORED BY A THIRD PARTY. YOU UNDERSTAND THAT WE HAVE NOT TAKEN ANY STEPS WHATSOEVER TO VERIFY OR OTHERWISE VALIDATE THE ACCURACY, COMPLETENESS OR SUITABILITY OF ANY INFORMATION CONTAINED IN SUCH DESCRIPTIONS. ACCORDINGLY, WE WILL NOT COMMENT ON ANY MATTERS CONCERNING SUCH THIRD PARTY PRODUCTS OR ACCEPT ANY LIABILITY RELATED TO THEIR PRODUCT CLAIMS OR PERFORMANCE. HOWEVER, CARDINAL HEALTH CANADA WILL ENDEAVOUR TO PROVIDE YOU THE APPLICABLE THIRD PARTY'S CONTACT INFORMATION FOR ANY SUCH PRODUCT UPON REQUEST.
Orders that are shipped FOB destination, pre-paid via Cardinal Health Canada private truck or common carrier, will be shipped in accordance with scheduled dates of delivery agreed with you and via a mode of delivery to be selected at the sole discretion of Cardinal Health Canada. Cardinal Health Canada reserves the right to apply a shipment charge. Orders where a combination of freight rates apply (more than one freight rate applies between origin and destination) will be shipped FOB the first transfer point freight prepaid and collect beyond.
6. PROOF OF DELIVERY
Any requests for proof of delivery may be subject to an applicable service charge if able to provide.
7. SHORT SHIPMENTS
Any short shipments identified at the time of delivery must be noted on the consignee copy of the freight bill.
A Cardinal Health Canada Inc. Customer Service Representative must be notified and provided with all detailed information within 48 hours of shipment receipt.
8. RETURNED GOODS POLICY
- Shipping discrepancies must be reported within 48 hours of delivery.
- All returns must be authorized by one of our customer service representatives. (See our contact information below.)
- Each request must include the following:
- Your name and address;
- Invoice number;
- Invoice date;
- Quantity, catalogue number and description of item;
- Reason for return; and
- Lot number and expiry date.
- The return shipment must be coordinated with one of our customer service representatives, who will advise of the proper mode of transport and product return location. A return authorization number will be issued and must be clearly referenced with your return. Goods must be returned within 10 days. Upon satisfactory inspection of goods, a credit will be issued to you.
- Goods ordered in error are to be returned PREPAID and are subject to a restocking charge of 15% of the order value.
- Goods shipped in error are to be returned COLLECT via Cardinal Health Canada's carrier of choice, or private fleet.
- Returns are not authorized for the following:
- Any item not purchased from the company;
- Any item purchased on a “special order” basis (unless the original vendor will accept the return). A restocking charge will apply;
- Expired or short dated products (less than six-month expiration);
- Any product for which special storage requirements are required (e.g. refrigeration);
- Partial units of sale;
- Merchandise past 60 days of purchase; or
- Products not in original, unopened packaging.
- Procedures for handling damaged goods and freight claims:
- Inspect all shipments the day that they are received;
- Any shipment damaged in transit requires an inspection from the delivering carrier;
- Noticeable damage must be noted on the consignee copy of the freight bill at the time of delivery, or the claim will be disallowed;
- Concealed damage must be reported and a request for inspection made within five days of delivery;
- Inspection results in a damage report, which is mandatory when filing a claim, per Department of Transport regulations;
- Retain the merchandise in original packaging pending carrier inspection;
- Contact the delivering carrier and request an inspection within five days for receipt of shipment; and
- Notify one of our customer service representative and provide all detailed supporting information.
9. DISCLAIMER OR WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE SOLD OR OTHERWISE PROVIDED TO YOU ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS AND ERRORS" BASIS. CARDINAL HEALTH CANADA AND OUR AGENTS, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO ALL PRODUCTS. FOR THE AVOIDANCE OF DOUBT, CARDINAL HEALTH CANADA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY PRODUCTS OR PRODUCT CLAIMS: THE PURCHASE AND SUBSEQUENT USE OR RELIANCE OF ANY PRODUCTS IS DONE SOLELY AT YOUR RISK.
Notwithstanding the foregoing, some Products may be covered by warranties provided by the original third party manufacturer. Such third party warranties may vary from Product to Product. It is your responsibility to consult the applicable product documentation for specific warranty information. You acknowledge that such third party warranties may be limited or voided if unauthorized persons perform support service on the product covered. It is your responsibility to ensure that any third party warranties are acceptable to you prior to purchasing any Product. Cardinal Health Canada does not take responsibility for third party warranties.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL CARDINAL HEALTH CANADA, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, ANTICIPATED SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, OR COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS AND CONDITIONS; AND/OR (II) YOUR USE OF OR RELIANCE UPON ANY PRODUCT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
TO THE EXTENT THAT OUR LIABILITY HAS NOT BEEN EXCLUDED OR LIMITED UNDER THESE TERMS AND CONDITIONS, CARDINAL HEALTH CANADA’S TOTAL MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS AND CONDITIONS, AND/OR (II) YOUR USE OF OR RELIANCE UPON ANY PRODUCT, WHETHER SUCH LIABILITY ARISES OUT OF OR RELATES TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY ($50.00) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATION OR EXCLUSION OF LIABILITY. IN ANY SUCH INSTANCE, THE ABOVE LIMITATION OR EXCLUSION SHALL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
These Terms and Conditions are confidential to Cardinal Health Canada and you, and are not to be disseminated, distributed or otherwise conveyed to third persons, other than those officials (including independent auditors) and employees of the parties whose duties require knowledge thereof, without the express written consent of the other party, except in the pursuit of legal redress in the course of law or the direction of any competent legal authority.
13. CUSTOMER SERVICES REPRESENTATIVES
If you need to contact us regarding your purchase of any Products, please e-mail us at email@example.com; or call us at 1.877.878.7778. You can also contact us at the following address:
Cardinal Health Canada Inc.
1000 Tesma Way
Vaughan, ON, L4K 5R8
Attention: Customer Care
14. EMPLOYEE PURCHASESome products offered in the employee purchase program may include English only labels and instructions. Should you choose to purchase items from this program, you acknowledge and accept that the product may only contain uni-lingual labels and instructions.
15. NEW CUSTOMER REGISTRATION
THE CUSTOMER UNDERSTANDS AND AGREES TO THE FOLLOWING TERMS & CONDITIONS:
- All accounts are due and payable according to the terms stated on the invoice.
- Customers agree not to export products purchased by Cardinal Health Canada outside of Canada
- Customers not applying for credit must make payment in full before products or services are delivered.
- Employees or Cardinal Health Canada are prohibited from creating customer accounts for themselves.
- Interest will be charged on past due accounts at the rate of 1.5% per month or 18% per annum.
- NSF cheques will be subject to a $40.00 charge.
- Failure to comply with these terms and conditions result in cancellation of credit privileges and services without further notice.
- Customer agrees to bear all costs incurred by Cardinal Health in collecting any unpaid amounts including but not limited to collections agencies, legal fees and court costs.
- Customer consents to the obtaining of credit and/or personal information as may be required in connection with the credit hereby applied for or any renewal/extension thereof and to the disclosure of any trade information concerning the customer to any credit reporting agency or to any person with whom the customer has or proposes to have financial relations. Cardinal Health reserves the right in the event of delinquency to obtain personal credit report as permitted/required by law
- The information given in account applications is warranted to be true and correct.
These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regards to its principles of conflicts of law.