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1. DEFINITIONS
"PuraPharm" means PuraPharm International
(H.K.) Limited or its affiliates selling products to the
Customer as identified in PuraPharm's Quotation or Invoice.
"Customer" means the person or legal entity
identified in PuraPharm's Quotation or Invoice.
"Contract" means a contract for sale by
PuraPharm to the Customer of the products and/or services
incorporating the Terms and Conditions.
2. FORMATION OF CONTRACT
2.1 No Contract shall come into existence until the
Customer's order has been accepted by PuraPharm. The Customer
warrants that it is buying for its own internal use only
and not for re-sale purposes.
2.2 The products sold and/or services rendered are subject
to the Terms and Conditions to the exclusion of any other
terms and conditions stipulated or referred to by Customer.
The Customer acknowledges that it is aware of the contents
of and agrees to be bound by the Terms and Conditions.
3. ORDERS, PRICE AND PAYMENT
3.1 Payment for the products or services shall be made
in full before physical delivery of products or services.
3.2 Customer shall pay for all shipping and handling
charges.
3.3 Customer shall bear all country, provincial, government,
state and local sales, use, goods and services, value added,
customs, excise, privilege and all other levies/taxes.
4. TITLE AND RISK
Title to and risk in the products shall pass to the Customer
upon delivery of the products to Customer.
5. DELIVERY
5.1 PuraPharm shall deliver the products to the place
of delivery designated by Customer and agreed to by PuraPharm.
PuraPharm shall not deliver P.O. Box and hotel.
5.2 Any dates quoted by PuraPharm for the delivery of
the products are approximate only and shall not form part
of the Contract. PuraPharm shall not be liable for any delay
in delivery of the products and/or services, howsoever caused.
6. DISCLAIMER & LIMITATION OF LIABILITY
6.1 Products featured on this website are not intended
to diagnose, treat, cure or prevent any disease. PuraPharm
does not give any warranty that the products are fit for
any particular purpose, expressed or implied. All warranties,
conditions, terms, undertakings and obligations implied
by statute, common law, trade usage, course of dealing or
otherwise including warranties or conditions of merchantability,
fitness for purpose, satisfactory quality and/or compliance
with description are hereby excluded to the fullest extent
permitted by law.
6.2 PuraPharm does not make any warranties to the effectiveness
of the products contained in this site. Each person's constitution
and health conditions are different and the way you react
to a certain product may be significantly different to others.
PuraPharm cannot anticipate all conditions or circumstances
under which PuraPharm's products may be used. PuraPharm
accept no responsibility for the safety and suitability
of PuraPharm's products, either alone or in combination
with products of other manufacturers. Customers are advised
to consult with their physicians or qualified healthcare
professionals on selecting the appropriate products.
6.3 PuraPharm's total liability herein in respect of
each event or series of connected events shall not exceed
the total price paid for the purchase of products and/or
services under these Terms and Conditions.
6.4 Any service response times stated by PuraPharm in
the service contracts are approximate only and PuraPharm
shall not be liable for any direct or indirect loss or damage
arising from its failure to meet such response times, howsoever
occasioned.
6.5 Any typographical, clerical or other error or omission
in sales literature, quotation, price list, acceptance of
offer, invoice or other documents or information issued
by PuraPharm shall be subject to correction without any
liability on the part of PuraPharm.
7. FORCE MAJEURE
Neither party shall be liable for any delay in performing
any of its obligations under these Terms and Conditions
if such delay is caused by circumstances beyond the reasonable
control of the party so delaying, and such party shall be
entitled to a reasonable extension of time for the performance
of such obligations.
8. IMPORT LAWS
The Customer acknowledges that the products acquired hereunder
may be subject to the import control laws and regulations
of the country in which the products are received ("Local
Import Laws and Regulations"). The Customer agrees
to abide by all applicable Local Import Laws and Regulations.
PuraPharm does not assume responsibility for the Customer's
ordered goods meeting Local Import Laws and Regulations.
The Customer understands that applicable laws requirements
or restrictions may vary depending on the products delivered
and may change over time and that, to determine the precise
controls applicable to the products acquired, it may be
necessary to refer to relevant laws and regulations.
9. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed
in accordance with the laws of Hong Kong Special Administrative
Region of the People's Republic of China ("Hong Kong")
and shall be subject to the non-exclusive jurisdiction of
the courts of Hong Kong.
10. GENERAL
10.1 The Customer shall not assign or otherwise transfer
any Contracts or any of its rights and obligations hereunder
whether in whole or in part without the prior written consent
of PuraPharm. Any such unauthorized assignment shall be
deemed null and void.
10.2 If any provision of these Terms and Conditions
is held by any competent authority to be invalid or unenforceable
in whole or in part, the validity of the other provisions
of these Terms and Conditions and the remainder of the provisions
in question shall not be affected thereby.
Terms and Conditions of Sale version 1.0
Dated 7 August 2003
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