Terms of Sales
Standard Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions (the "Terms of Sale") that apply to a customer's (You and where applicable "Your") purchase from Green World Lumber Inc ("Green World") and products for sale on www.greenworldlumber.com (the "Site"). You agree, as a condition of sale, to be bound by and accept these Terms of Sale as applicable to Your purchase of product(s) from the Site.
These Terms of Sale are subject to change without prior written notice at any time, in Green World's sole discretion.
- Product Display and Pricing:
- Site Content and Product Descriptions:
- Green World does not accept liability for any errors and/or omissions contained on the Site, including but not limited to any product display page for any product listed for sale on the Site. Green World reserves the right to change information, prices, specifications and descriptions for any goods, products or services displayed on the Site at any time and without notice and does not warrant that a product description or content on the Site is accurate, complete, reliable, current or error-free.
- Green World makes all reasonable efforts to accurately display the colour, texture and detail of products on the Site. Green World however provides no guarantee that the colour, texture or detail You see matches that of the subject product. Colour, texture and detail variances may occur including but not limited to as a result of the monitor You utilizes to view the products on the Site and the display settings and capabilities of such monitor.
- Product Pricing:
- The price for a product shown on the Site on the product display page for that product represents the full retail price for the product as set by Green World of the subject product based on standard industry practice or estimated retail value for a comparable featured product offered elsewhere (the"List Price").
- For clarity, notwithstanding anything to the contrary contained in these Terms of Sale, the List Price does not include shipping and handling charges, customs, duties or any Taxes applicable to Your order.
- You acknowledge that the placing of an item in a cart on the Site does not reserve the List Price for the subject product shown at that time. It is possible the List Price of the item in Your cart may increase or decrease between the time You place an item in Your cart and the time You purchase the subject product.
- Green World will have no obligation to fulfill an order for a product that was advertised at an incorrect List Price. If an error is discovered in the List Price of a product or service that You have ordered, Green World will inform You as soon as is reasonably possible. You will be advised of the correct List Price for the subject product and provided the opportunity to order the product at the correct List Price via a separate transaction (subject to all other terms and conditions of these Terms of Sale). If You have already paid for the subject product at the incorrect List Price, Green World will refund You the full amount paid subject to these Terms of Sale.
- Order Processing:
- Your receipt of an electronic or other form of order confirmation does not signify Green World's acceptance of Your order, nor does it constitute confirmation of Green World's offer to sell. All orders are accepted in Ontario, Canada.
- Green World reserves the right at any time after receipt of Your order to decline, refuse or cancel Your order for reasonable cause including but not limited to (i) lack of availability of products, (ii) failure by You to satisfy payment terms, (iii) product pricing error, (iv) restrictions or prohibitions on the sale or use of products, (v) if Green World determines, in its sole discretion, Your order is made for commercial resale purposes, and/or (vi) breach You of these Terms of Sale. If payment has been remitted for the purchase and Green World cancels Your order, Green World shall forthwith issue a refund no greater than the amount remitted for the unaccepted or cancelled order.
- Custom Orders:
- Certain products may be custom ordered by You ("Custom Orders") from Green World. Green World requires payment of one hundred percent (100%) of the Custom Order cost before a Custom Order will be accepted and an invoice for such order will be issued.
- Notwithstanding anything to the contrary contained in these Terms of Sale, once an invoice for a Custom Order has been issued, the Custom Order cannot be changed or cancelled and is non-refundable.
- There is no guaranteed delivery time of any kind for Custom Orders. All delivery lead times for Custom Orders are estimates.
- If You do not accept delivery of a Custom Order within thirty (14) days of the first delivery attempt by Green World and/or its delivery agent ("First Delivery Attempt") storage charges will be charged to You for such order. If You do not accept delivery of a Custom Order within thirty (30) days from the First Delivery Attempt, the Custom Order will become the property of Green World.
- Truckload Orders:
- Products can be ordered from Green World by the truckload ("Truckload Orders"). You can only place a Truckload Order by contacting a Green World sales representative by telephone at 1-905-655-3939. Order lead times for Truckload Orders may vary significantly depending on the product ordered and final delivery location.
- Green World requires that you have a registered business to qualify for our wholesale program. When placing an Order, we require that you issue a purchase order detailing the quantity's and product you want to receive. Payment on Truckload orders depends on the terms offered to you by one of our sales representatives.
- Notwithstanding anything to contrary contained in these Terms of Sale, delivery of Truckload Order must be arranged with a Green World sales representatives as the delivery options may vary based on the types of products in the order and the delivery location. All other terms with respect to delivery (including but not limited the Cost of Delivery section) continue to apply to Truckload Orders.
- Truckload Orders that are also Custom Orders are subject to these payment terms: Green World requires payment of fifty percent (50%) of the Custom Order cost at the time the Truckload Order is placed (the"Truckload Order Deposit"). The remaining fifty percent (50%) of the Truckload Order cost is required when you are notified by Green World that the Truckload Order is ready to ship.
- Changes and Cancellations:
- Order changes:
You may request a change to an order, excluding a Custom Order and Truckload Orders, under an invoice provided that such order change requests:
- may be subject to additional charges;
- may result in a changes to the cost of shipping, handling and delivery of the order;
- may result in a delay in the delivery of the order;
- must be delivered by You firstname.lastname@example.org; and
- must be received and acknowledged by Green World prior to delivery or pick-up of the Order in accordance with these Terms of Sale.
- Order Cancellation:
- You may cancel an order, excluding Custom Orders and Container Orders, at any time prior to delivery, subject to these Terms of Sale.
- Cancellation requests must be sent by email by You and received and acknowledged by Green World at:email@example.com prior to delivery or pick-up of the order in accordance with these Terms of Sale.
- Payment Terms:
- Terms of payment are within Green World's sole discretion and unless otherwise agreed to in writing by Green World, payment must be received or otherwise authorized or secured in a form approved by Green World prior to Green World's acceptance of an order.
- You must pay for the order by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Green World in writing.
- Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail) confirmation between Green World and You.
- Green World may invoice parts of an order separately.
- Orders are not binding upon Green World until accepted by Green World (see Order Processing provisions set out in these Terms of Sale).
- Any quotations given by Green World will be valid for the period stated on the quotation. Green World reserves the right to adjust or cancel quotations as required.
- Shipping Terms:
- The Goods will be delivered FOB place of shipment.
- Truck freight costs are not included in pricing provided online at www.greenworldlumber.com or through written or verbal quotes, unless expressly stated on said quote. Freight costs are non-refundable except in the case of total loss.
- Once orders have been placed, processed and payment is approved, products are shipped via common carrier freight and dedicated truck load carrier.
- Orders usually ship within 1-5 business days. Custom and truckload order products typically have longer lead times. Confirm product production lead times with your sales representatives at the time of order placement.
- Shipping Notification:
- Green World will email the contact person listed on the billing address of each order after the product ships. This email will contain shipping information, including the shipping or trucking company name and phone number. The trucking company will call to schedule a delivery time window.
- Delivery Timing:
- If you require products delivered by a certain date, please call your sales representative to verify product availability. Some products available for online order may not be in stock.
- All listed shipping times are estimates. Specific delivery dates and/or time frames cannot be guaranteed for any product or order.
- For orders with deadlines please order well in advance. Green World is not responsible for lost, misplaced, delayed shipments or freight damaged by the freight carriers.
- Unloading Product:
- Business freight deliveries or freight deliveries that are dock to dock, require the receiving party to remove the product from the truck via a loading dock or with a forklift.
- For residential (or non-dock) deliveries the freight company is required to move the material to the tailgate of the truck. The receiving party is required to unload the material by hand placing the product on the ground.
- For deliveries using a Moffatt truck the freight company is required to offload the material for the residence.
- For deliveries using a flatbed tilt bed the freight company is required to offload the material for the residence. The Freight company and Green World will not be held responsible for damages that occur using this method of shipping.
- Inspecting for Damage:
- i. Be sure to check all material and packages for any potential damage during transit. It is the sole responsibility of the receiving party to fully inspect the product at the time of delivery for any potential damage.
- Green World is not responsible for damaged products due to shipping. We recommend removing any protective wrapping to fully inspect the product, before the driver leaves. In addition, please count the product before signing the Delivery Receipt.
- Once the Delivery Receipt is signed with no exceptions noted, the trucking company has no further responsibilities and will not honor claims if the Delivery Receipt is not noted with the issue.
- Products that have not been delivered should be signed for as SHORT, products that are delivered damaged should be signed for as DAMAGED.
- f. What to Do If Product is Damaged:
- If the product is damaged in any way, DO NOT REFUSE THE PRODUCT. It is best to receive the product and in turn a replacement product will be shipped out to you. Should the receiving party refuse the product this does not recuse the customer of re-deliver or return shipping costs.
- If damage did occur during transit, any and all damage must be noted on the Delivery Receipt in detail and signed by the driver. A copy of the Delivery Receipt will need to be emailed or mailed to Green World. in order for a damage claim to be filed with the trucking company, on our customer's behalf, in order for replacement product to be sent to the customer.
- Please photograph the damaged product on the truck and off the truck for evidence that will assist with a product damage claim. Damaged product may need to be shipped back to Green World. The shipping company has the right to inspect and/or claim the product if a damage claim is filed and/or paid by.
- All claims must be submitted within 72 hours of delivery via email and telephone contact, along with the photos and the list of material claimed to be damaged or defective.
- Additional Accessorial Charges:
- Any and all additional charges not previously paid, or provided at the time of order, such as inside delivery, change of address, limited access, re-delivery and storage fees will be the sole responsibility of the customer unless stated in the customer order as part of the shipping costs pre-paid by the customer at the time of order.
- Limited Access Issues:
- Deliverability is at the discretion of the freight carrier. If the freight carrier determines that it cannot deliver the material to the delivery (shipping) address, it is the responsibility of the customer to pick up the material at the freight carrier terminal, unless other arrangements can be made.
- Most freight deliveries will arrive in a full size 48-foot flatbed, (such as long haul trucks you might see on the freeway system). It is the customer's responsibility to notify Green World at the time of order, if your delivery location has potential limited access issues, such as a truck being unable to reach your location.
- Some of these issues maybe be but are not limited to turn around in your area, low power lines or tree limbs, weight and size limitations. Accessorial services are not guaranteed.
- Any and all re-delivery or storage charges incurred will be billed back to the customer if delivery is attempted and cannot be completed because of unknown limited access issues.
- Delivery Refusal:
- If the customer refuses delivery for reasons other than those agreed to in writing within the order document, the customer will be responsible for all initial shipping and re-delivery and or return shipping charges.
- It is important to note that freight deliveries are always curbside. ''Curbside'' means next to the curb on the street. Drivers are not obligated to deliver freight into driveways or garages. Inside delivery is not available.
- For further questions regarding the above Green World. Shipping Disclaimer statements, please contact your sales representative at sales@Greenworldlumber.com
- Pickup Orders:
- After delivery of the Goods to the carrier, and in other circumstances as provided by law, Buyer shall bear all risks of loss, whether or not the products so delivered are conforming or non-conforming, whether or not a right of rejection exists in Buyer's favor, and whether or not Buyer rightfully revokes acceptance. The occurrence of any such risk shall not release Buyer from its obligations hereunder
- i. No modification of any promise, term or condition of sale shall be of any force or effect unless signed by an officer of Green World Order modification is done on a case by case basis by severity of changes and may be subject to additional charges.
- Warranty and Claims:
- As a condition precedent to recovery of any claim of any kind, Buyer must comply with the following.
- All claims of any kind, except nonreceipt, must be made to Green World within three days after receipt of shipment.
- Claims for nonreceipt must be made in writing delivered to Green World within fourteen days after receipt of an invoice.
- Claims of damage must be noted at time of delivery on the shipping documents and countersigned by a representative of the shipping company, failure to do so may result in total loss of Buyers ability to collect damages from the shipper and releases Green World from their obligations.
- Liability for breach of warranty or contract shall arise only upon prompt return of the products claimed to be defective at Buyer's expense and after due notice to Green World of the claimed breach.
- The limited warranty applicable to each product sold by Green World on the Site is set out under the heading "Warranty" located on the Site on the product display page(s) for the products in Your order. Such limited warranty applies to each sale by Green World of that respective product
- Any such warranties will be effective, and Green World will be obligated to honour any such warranties, only upon Green World's receipt from You of payment in full for the item to be warranted.
- Before returning any item, You must contact Green World within the allowable period specified by Green World of the product (see product-specific "Warranty").
- You must ensure that all returns are received by Green World within fourteen (14) days of contacting Green World Representative.
- All shipping arrangements for returns or exchanges must be processed through Green World's Logistics Department. You are responsible for all shipping and handling charges of warranty returns, except where Green World has agreed to pay for such costs or as outlined under product "Warranty."
- Whenever possible or as outlined under "Warranty," all items must be in "as new" condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included.
- Green World may require that You provide a short written explanation and photographs of the defective product. In some cases an on-site inspection of the product will be required. Green World's Sales Team will advise You of the details specific to the warranty claim.
- No Sales "on Approval" or "Sale or Return"
- No sale is made on approval or under a sale or return. Green World may, however, at its option, allow a return.
- Any such return shall be at Buyer's sole risk and expense; return shall be affected only upon actual delivery to Green World or as otherwise instructed by it in writing.
- No credit, whether by refund on monies paid or by allowance against monies due, shall be given until such actual receipt by Green World of return products in the same condition as they were when delivered to the carrier by Green World for original shipment to Buyer. Credits are subject to the prior satisfaction of any and all past due monies owed to Green World.
- 14 Day Money Back Guarantee:
- The Guarantee:
You can return product for any reason within 14 days of delivery and get a refund of the order purchase price subject to the below noted conditions (the "Guarantee").
- Conditions of the Guarantee:
This Guarantee is subject to satisfaction of the following conditions:
- The product must be in its original packaging, and in the same condition as when it arrived at the Shipping Address;
- and The product must not have been used, modified, installed, or marked in any way.
- The Guarantee applies to all regular Green World products only and does not apply to clearance items for both partial and full orders, special orders, Custom Orders or Truckload Orders.
- Green World does not accept title to orders returned by You in accordance with this Guarantee until the subject order arrives back at a warehouse of Green World and/or its warehouse services agent and Green World has confirmed, in writing, that the above conditions of the Guarantee have been satisfied.
Further information regarding the Guarantee is located at: www.greenworldlumber.com/returns
- Full Refund:
In order for You receive a full payment refund, Your order must (i) meet the conditions specified in Section 8(c) above and (ii) be returned in its entirety meaning every piece of the order that You received must be returned within fourteen (14) days of the delivery date of the subject order. Subject to the satisfaction of the foregoing, Green World will provide You a full refund for the purchase price. Green World will arrange a pick-up of the product at absolutely no cost to you!
- The Guarantee:
- Taxes and Additional Charges:
- In addition to the price for the Goods, Buyer will pay Green World. the amount of any excise, sales, use, or similar tax relating to the Goods or their sale, and any freight (unless there is an express freight allowance) stop-over charge, lot loading charge, demurrage charges or the like relating to the transportation or storage of the Goods, which Green World is legally obliged to pay, within ten days after the date of an invoice for the charge. Customer is solely responsible to pay any and all taxes due to their local city, state, or municipality. Customer is solely responsible to contact, report to, and pay any municipality which may require payment of tax where applicable.
THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S). EXCEPT FOR THE MANUFACTURER SPECIFIC WARRANTY AND THE GUARANTEE (AS DEFINED HEREIN) GREEN WORLD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WHETHER EXPRESS, IMPLIED, OR ARISING FROM STATUTORY OR OPERATION OF LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT GREEN WORLD KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF SUCH ANY SUCH PURPOSE) WITH RESPECT TO THESE TERMS OF SALE, THE SITE AND ALL PRODUCTS LISTED OR REFERENCED THEREON. GREEN WORLD ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE, OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE OR BY OPERATION OF LAW. GREEN WORLD DOES NOT WARRANT THAT THE PRODUCT(S) OFFERED FOR SALE ON THE SITE WILL BE ERROR OR DEFECT-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED NOR THAT ANY PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS..
FURTHER GREEN WORLD DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, DEFECTS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF GREEN WORLD'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY GREEN WORLD, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE SITE, AND ALL CONTENTS THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THE SITE AT YOUR SOLE RISK.
- Limitation of Liability
GREEN WORLD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. YOU AGREE THAT GREEN WORLD, ITS SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTORS OR OTHER REPRESENTATIVES WILL NOT BE LIABLE YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF REVENUE, GOODWILL, LOST OF DATA, LOSS OF OPPORTUNITY OR OF BUSINESS OR OTHER DIRECT, PECUNIARY, NON-PECUNIARY, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES HOWEVER CAUSED IN RELATION TO THESE TERMS OF SALE, THE SITE, YOUR USE OF THE SITE, OR YOUR PURCHASE OF ANY PRODUCT FROM THE SITE, REGARDLESS OF THE THEORY OF LIABILITY INCLUDING WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF GREEN WORLD WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES.
YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE SITE, THESE TERMS OF SALE, AND YOUR PURCHASE OF PRODUCTS OR SERVICES FROM GREEN WORLD OR A SUPPLIER VIA THE SITE, GREEN WORLD IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR YOUR ORDER THAT IS THE SUBJECT OF THE ALLEGED LIABILITY. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR ANY OTHER THEORY OF LIABILITY).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULL EXTENT PERMITTED BY LAW.
All references to monetary amounts, including prices, on the Site and in these Terms of Sale shall be in Canadian. currency.
- Governing Law:
These Terms of Sale and any sales thereunder shall be governed by the laws of Ontario and the federal laws of Canada applicable therein.
The Site (excluding any third party linked websites) is controlled by Green World from its offices within the Province of Ontario, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Site, You agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that You do so voluntarily and are responsible for complying with local laws.
For clarity, You hereby waive (1) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and (2) any statutory or other right pursuant to the laws of the jurisdiction in which You are a resident to have a court case or arbitral hearing relating to these Terms of Sale adjudicated or resolved in that jurisdiction.
Any rule of interpretation, law or regulation that provides that language in a contract will be interpreted against the drafter will not apply to these Terms of Sale.
- Entire Agreement:
These Terms of Sale together with all invoices for Your order including product and shipping invoices and any other materials incorporated by reference herein, constitute the entire agreement and all terms, conditions, representations and warranties between You and Green World with respect to the purchase and sale of any product offered for sale on the Site and collectively supersedes and replaces all prior and contemporaneous agreements, proposals or representations, written or oral, between the parties concerning the subject matter herein.
These Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s) or agreement except upon the express written agreement from an authorized representative of Green World. Any attempt to alter, supplement or amend these Terms of Sale or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a writing and signed by both You and Green World.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
The relationship between You and Green World will be that of independent contractors, and neither party nor any of their respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Sale.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
- English Language:
The parties agree that these Terms of Sale and all materials incorporated by reference herein will be drawn up in English. Les parties ont demande que cette convention ainsi que tous les document quis'y rattchent soient rediges en anglias.
For purposes of these Terms of Sale, whenever the context requires (i) the singular number shall include the plural, and vice versa; and (ii) the masculine gender shall include the feminine and neuter genders, the feminine gender shall include the masculine and neuter genders, the neuter gender shall include the masculine and feminine genders.
These Terms of Sale and the rights and obligations herein will be binding on and enure to the benefit of the parties and their successors and permitted assigns.
- Force Majeure:
Neither Green World, any Supplier nor any agents or contractors thereof will be responsible for a failure to fulfill any obligations of such parties under these Terms of Sale or for any delay in satisfaction of such obligations nor for any damages of any kind in law or equity that You may suffer as a result of such failure or delay, if such failure or delay is due to circumstances beyond Green World's or their agents' or contractors' control including but not limited to any act of God or public enemy, acts of government, riots, strikes, quarantines, accidents, or the inherent nature or vice of goods transportation.
The failure by Green World to insist on strict compliance with any provision of these Terms of Sale will not be deemed to be a waiver of such provision or any rights or remedy of Green World under these Terms of Sale. Further no waiver by Green World of a breach of these Terms of Sale by You shall constitute a waiver of any other breach, whether of the same or any other covenant, term or condition. The subsequent acceptance by Green World of any breach of a covenant, term or condition by You shall not constitute a waiver of Green World's right to require performance by You at any time thereafter.
These Terms of Sale and any other materials incorporated by reference herein will be (i) deemed for all purposes to be a "writing" or "in writing" and to comply with all statutory, contractual and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties hereto; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business.
Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
All Prices on Green World site Are Subject To Change Without Notice