Shop

Doctor Substitute Ltd. Terms and Conditions
By purchasing, customer agrees to our terms and conditions.
________________________________________

Terms and Conditions

I. General

1. These Terms and Conditions shall apply to sales of products by the Seller to the Buyer.

2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

 

II. Payment

1. Credit is not offered. Payment will be required before release of goods by the Seller.

2. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

1. require payment in advance of delivery in relation to any Goods not previously delivered;

2. refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;

 

III. Description

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

 

IV. Sample

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly because of the manufacturing process.

 

V. Delivery

1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

2. If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.

3. Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement. In case of damages, Buyer needs to return the damaged product along with the original box and packing as it was delivered. The Buyer will ensure that the damaged products and original box are carefully packaged in another box to avoid any further damage in transit.

 

VI. RISK

Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

 

VII. TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

 

VIII. RETURN OF UNUSED GOODS

All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required by the Buyer.

 

IX. LIMITATION OF LIABILITY

The Seller shall not be liable for any loss or damage suffered by the Buyer.

 

X. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller.

 

XI. FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations in relation to the device. If there’s a delay or failure of obligations resulting from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

 

XII. RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

 

XIII. ASSIGNMENT AND SUB-CONTRACTING

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

 

XIV. WAIVER

Doctor Substitute Ltd.

WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

1. In consideration for using the PEMF – DS100 (Device), Buyer hereby RELEASE, WAIVE, DISCHARGE IN ADVANCE, and HOLD HARMLESS Doctor Substitute Ltd. (hereinafter referred to as RELEASEE) along with its DBA’s, OFFICERS, OFFICIALS, SALES PERSON, EMPLOYEES, AGENTS, OWNERS, THIRD PARTY MANUFACTURERS AND ALL OTHER RELEASEE WORKERS, from any and all liabilities, claims, demands arising from or related to the use of the Device.

2. Buyer hereby confirms that no warranty or guarantee, or other assurance has been made to me covering the results of use of the Device.

3. It is buyer’s express intent that this Release and Hold Harmless Agreement shall bind the members of buyer’s family, friends and others and shall be deemed as a RELEASE, WAIVER, AND DISCHARGE of the above named RELEASEE. Buyer hereby further agrees that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the province of Ontario. Canada.

4. Buyer understands that the Device does not directly treat any disease. It helps provide the energy the body needs to function properly.

5. By agreeing to the terms and conditions of “THIS RELEASE”, BUYER ACKNOWLEDGE AND REPRESENT THAT Buyer has read and understood the foregoing Waiver of Liability and Hold Harmless Agreement, Buyer is at least eighteen (18) years of age and fully competent; and Buyer executes this Release for full, adequate, and complete release of liability. Furthermore, Buyer agrees that he/she will comply with all instructions on the use of the PEMF – DS100 device and that Buyer is using it at his/her own risk.

6. Buyer also affirms that he/she has read and fully understands the points as outlined in this waiver.

 

XV. SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

XVI. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada and the parties hereby submit to the exclusive jurisdiction of the courts in Ontario, Canada.