IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement the parties to this Agreement agree as follows: By purchasing the goods, the Seller agrees to these Terms and Conditions.
Sale of Goods
The Seller will sell, transfer and deliver to the Buyer the following goods, and perform the below services within 30 days of purchase.
· Paperback novels (minimum 20 days).
· eBook novels (within 48 hours of purchase).
The Seller will provide the following services to the Buyer: All services are based on a contractual agreement, submitted at such a time that Endacott and Woolf agrees to complete the service.
The Buyer will accept the Goods and pay for the Goods as per the agreed price.
The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the Purchase Price specified in the Agreement, the amount of any present or future use, excise, or similar tax applicable to the sale of the Goods will be paid by the Buyer.
Sales tax is added to each transaction unless through promotion the sales tax is included in the price.
The Buyer will make payment for the Goods and Services at the time of purchase through the order form transaction.
Delivery of Goods
The Seller will deliver goods through postal or other such delivery services.
Risk of Loss
Risk of loss will be on the Buyer from the time of delivery to the carrier. However, see Refund Policy under clause 25 Refunds.
The Seller warrants that: (1) the Seller is the legal owner of the Goods; (2) the Seller has the right to sell the Goods; and (3) the Seller will warrant and defend the title of the Goods against any and all claims and demands of all persons.
The Seller warrants that the Goods will be fit for the purpose for which such goods are ordinarily intended.
The Seller warrants that the Goods are now free and at the time of delivery will be free from any security interest or other lien or encumbrance, except the security interest created in this Agreement until the Seller is paid in full.
The Seller warrants that the Goods will be delivered free of the rightful claim of any person arising from patent or trademark infringement.
EXCEPT FOR THE ABOVE WARRANTIES, NO OTHER WARRANTY (WHETHER EXPRESSED, IMPLIED OR STATUTORY) IS MADE BY THE SELLER REGARDING THE GOODS. The Seller's above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods.
The Buyer has been given the opportunity to inspect the Goods or to have it inspected and the Buyer has accepted the Goods in its existing condition.
Copyright of the Goods will remain with the Seller.
Inspection will be made by the Buyer at the time and place of delivery.
Any refund will not include costs of delivery. Those costs will be borne by the Buyer.
The Buyer's failure to give notice of any claim within 30 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.
Excuse for Delay or Failure to Perform
The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labour disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.
The Buyer's exclusive remedy and the Seller's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
The Seller reserves the right to cancel this Agreement:
· if the Buyer fails to pay for any shipment when due;
· in the event of the Buyer's insolvency or bankruptcy; or
· if the Seller deems that its prospect of payment is impaired.
Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail:
World's End Book Publishing, 960 McArthur Drive, Kamloops, BC V2B 7L5
Anyone purchasing goods.
Mediation and Arbitration
If any dispute relating to this Agreement between the Seller and the Buyer is not resolved through informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the parties. Any mediator or arbitrator must be a neutral party acceptable to both the Seller and the Buyer. The cost of any mediations or arbitration will be shared equally by the parties.
Refunds: If you are not satisfied with any item purchased specifically from Endacott and Woolf Book Publisher, you may return it within 30 days. Please follow these steps to process a return:
Please add/keep packing slip in your return.
Place unwanted items back in the box and seal.
World's End Book Publishing
960 McArthur Drive, Kamloops, BC V2B 7L5
We recommend you use a carrier service that offers shipment tracking when making your returns. Please note: When returning an item or order, your account will not be credited for shipping costs.
All sales through Amazon, Inc must be returned through that provider and World's End Book Publishing will not reimburse for books purchased from other businesses, vendors, or websites.