Terms and Conditions
TERMS OF PAYMENT
- For authorized customers; Orders of AJ Healthy Living LLC product will require payment in full prior to shipment of said product, unless otherwise agreed upon in writing between AJ Healthy Living LLC and Purchaser and signed by a duly authorized representative of AJ Healthy Living. Orders of AJ Healthy Living customized ingredients or white label products require a 50% deposit prior to the initiation of
- Seller is not liable for any incidental, consequential or special damages, interest, costs or expenses, or for loss of use, loss of data or lost profits or wages, whether Seller knew such damages might be incurred. Seller’s liability is in all cases limited to refunding the purchase price or current value of the services, at Seller’s option.
- In the event it becomes necessary for the Seller to incur any collection costs or suits to collect payment, the Buyer will be responsible for all such costs, including but not limited to court costs, attorney fees and collection agency fees on said collection/suit.
TAXES
Prices do not include Goods & Services Tax, Provincial or Municipal sales, use, value-added or similar tax. All applicable taxes are extra.LEAD TIME / DELIVERY / DELAYS
Lead time is determined only when final material/finish selection and formulation approvals are received by AJ Healthy Living from the client. The accuracy of AJ Healthy Living lead times is created to the best of our ability with the information provided to us. Confirmed lead time is conveyed to the client by means of Order Confirmation. They do not preclude the client from checking the accuracy of your requirement and our Order Confirmation. Any noted discrepancies are to be reported immediately to AJ Healthy Living for correction and re-issue of revised Sales Order. By accepting this Sales Order by payment, the client accepts the terms and conditions of the quote and sale. Lead time on our Order Confirmation do not account for delays that could potentially occur for special materials specified by the client that are outside of our standard finishes and materials program that are out of our control and will affect the lead time on the order. AJ Healthy Living will notify the client when these delays occur and adjust the lead time accordingly.
Delivery schedules are approximate and are based on prevailing market conditions applicable respectively at the time of AJ Healthy Living quotation and AJ Healthy Living acceptance of clients’ order, if certain portions of an order are completed by the quoted lead time while other portions have experienced delays outside of our control. The client may choose to part ship the order at their discretion and expense. Otherwise, the entire order will ship with the delayed portion at a later date. AJ Healthy Living may extend delivery schedules or may, at its option, cancel Purchaser’s order in full or in part without liability other than to return any deposit or prepayment which is unearned by reason of the cancellation.
CHANGES AND CANCELLATION
Orders accepted by AJ healthy Living are not subject to changes or cancellation by Purchaser without the written consent of AJ Healthy Living. In such cases where AJ Healthy Living authorizes changes or cancellation, AJ Healthy Living reserves the right to charge the Purchaser with reasonable costs based upon expenses already incurred and commitments made by AJ Healthy Living, including, without limitation, any labor done, material purchased and also including Supplier’s usual overhead and reasonable profit and cancellation charges from AJ Healthy Living suppliers. A minimum charge of $100.00 NET Change Order Request fee will apply A minimum charge of $150.00 NET Cancel Order Request fee will apply.SHIPPING LOCATION / SHIPPING QUOTES / COST OF TRANSPORTATION
Customary methods of transportation shall be selected by AJ Healthy Living and such transportation will be at Purchaser’s expense. Shipping quotations are made at time of product quotation and are outside the control of AJ Healthy Living. Shipping quotes are valid for ten (10) business days from the time of quote. We do our best to maintain shipping costs as quoted, however all shipping weights are approximate only, various materials and packaging methods may add to the weights given. All quoted prices, unless otherwise stated on the quotation, are based on the current exchange rates, tariffs, fuel surcharges and costs of manufacture and are subject to change by AJ Healthy Living with or without notice until Purchaser’s acceptance. AJ Healthy Living does not assume responsibility or liability for shipping costs, product during transit, or variances from the shipping weights in our quotation. Special methods of transportation will be used upon Purchaser’s request and at Purchaser’s additional expense, provided reasonable notice of Purchaser’s transportation requirements are given by Purchaser to AJ Healthy Living prior to shipment. AJ Healthy Living will notify the client prior to shipping product if shipping costs as quoted change, at which point the client must approve the adjusted shipping costs. Purchaser is liable for conforming to any state laws or federal regulations.RECEIVING PRODUCT / REPORTING DAMAGE / STORAGE OF PRODUCT
Upon receipt of AJ Healthy Living product, the receiver of the goods must immediately inspect the product to ensure it is free of shipping damage. If the product is deemed in good order, the receiver of the product must ensure to sign off on the accompanying carriers Bill of lading in good condition, where applicable. AJ healthy Living responsibility for the product ceases once the product has been received and signed off in good order and is the full responsibility of the receiver and subsequently the owner.In the event shipping damage is discovered during receipt of shipment, it is the responsibility of the receiver to ensure all noted damage is recorded on the carrier’s Bill of Lading prior to sign off. All noted shipping damage claims must be reported to AJ Healthy Living within 24 hours of receipt of the product onsite, failure to do so will result in the claim being deemed null and void. AJ Healthy Living will not accept any shipping damage claims submitted after 24 hours and it shall be conclusively presumed that the goods were delivered in good condition.
Storage of product, AJ Healthy Living will not be held responsible for any potential damages or shortages for product shipped and received by Purchaser and is subsequently placed into storage and not inspected within 24 hours of receipt.
Prior to delivery of product, Purchaser will have opportunity to inspect and test the Product for conformity with the Purchase Order or any provided Certificate of Analysis or other laboratory results.Following inspection and testing, Purchaser may request in writing that Seller replace any nonconforming Product or adjust the quantity of the Lot to comply with the quantity or other specifications set forth in the Order. Seller warrants that the Product will conform substantially to the previously provided COA (certificate of analysis) provided with the sale of a given Lot. Notwithstanding anything contained in this Invoice to the contrary, the limited warranty of Seller as provided herein will be void if any alterations, modifications, or processing have been performed on Product, or, to the extent that any alleged defect is the result of abuse, misuse, improper maintenance or storage, accident, action, or inaction on the part of any Party (or their agent) other than Seller.
FORCE MAJEURE
AJ Healthy Living shall not be responsible or liable for any loss or damage incurred by Purchaser herein resulting from causes beyond the reasonable control of AJ Healthy Living including, but without limitation, abuse, misuse or accident, alteration or modification of product by customer or third party, normal wear and tear, improper handling or incorrect use, the substitution of components not approved or authorized by AJ Healthy Living, improper storage, and environmental-conditions such as irregular temperature control either inside or outside the environment, acts of God, fire, flood, delays in transportation, or the failure of AJ Healthy Living suppliers to meet their delivery promises. The acceptance of delivery of the goods by Purchaser shall constitute a waiver of all claims for loss or damage due to any delay whatsoever.LOST OR SIEZED PACKAGES – SHIPPING TERMS AND CONDITIONS
AJ Healthy Living strongly recommends the use of our shipping labels, insuring each label for the corresponding package value. In the unfortunate event of a lost package when a AJ Healthy Living label is used, we commit to employing all efforts to handle claims with the shipper (FedEx, UPS, USPS, DHL) for package retrieval or filing a claim for its value. However, we maintain no control or
liability after the package is handed over to the shipper. In such cases, AJ Healthy Living is not obligated
to replace or refund the client for the lost package but will collaborate with the client to reach a
mutually acceptable resolution. Clients opting for their shipping labels relieve AJ Healthy Living of
liability once the package is handed over to the shipper, and we will not replace or refund the
client for the package’s value. Regarding seized packages, AJ Healthy Living will make every effort to
retrieve the package from authorities, but if unsuccessful, we are not held liable, and no refund
will be provided to the customer. Clients should be aware that THCA products including isolate,
diamonds, distillate, flower or any other form of THCA product, will be harder to retrieve and
may be destroyed in the process. By no obligation on case-by-case basis AJ Healthy Living may and
evaluate a any losses and consider a reasonable solution.
RETURNED GOODS
No goods may be returned to AJ Healthy Living for a credit or exchanged without AJ Healthy Living prior written consent, signed by a duly authorized representative of AJ Healthy Living. AJ healthy Living reserves the right to accept all returns subject to a handling/restocking charge or to decline all returns. Even after AJ Healthy Living has authorized the return of goods for credit, AJ Healthy Living reserves the right to adjust the amount of any credit given to Purchaser on return of the goods based on the conditions of the goods on arrival to AJ Healthy Living Credit for returned goods will be issued to Purchaser only where such goods are returned by Purchaser and not by any subsequent owner of the goods. Goods will be considered for return only if they are in their original condition and packaging. AJ Healthy Goods Return Authorization Form to be issued and must accompany all shipments returning back to AJ Healthy Living.Return freight must be prepaid by Purchaser and a minimum 20% re-stocking fee will apply unless otherwise agreed upon in writing by AJ Healthy Living
