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General terms and conditions

1.1 Delivery

(a) Wp Organic (WPO) will use all commercially reasonable efforts to deliver WPO’s products for which it has accepted an Order by the relevant Delivery Date and in agreed Order Portions.

(b) While WPO will use all commercially reasonable efforts to deliver WPO’s products by the relevant Delivery Dates and in agreed Order Portions, failure to deliver part or all of the Chia Seed Product on time or in the agreed quantity will not entitle the Customer to terminate this agreement or claim compensation of any kind. Nor is the Customer entitled to reject WPO’s products on the basis of late delivery or a discrepancy between the quantity ordered and the quantity delivered.

1.2 Shortages

(a) The Customer must, as soon as possible after delivery, check the quantity of the WPO’s products delivered against the quantity ordered and due to be delivered.

(b) WPO is not responsible for making good any shortage unless the Customer gives WPO notice of the shortage within 2 Business Days of delivery.

(c) If WPO does not receive a notice under clause 1.2(b), the WPO’s products delivered will be considered to accord with the quantity ordered for the period specified in the Order and to be accepted by the Customer.

1.3 Defective Products

(a) The WPO’s products will comply with the Product Standards.

(b) The Customer must, as soon as possible after delivery, check whether the WPO’s products are damaged or defective or otherwise fail to meet the WPO’s Standards.

(c) The WPO’s products will be considered to have been delivered in good condition and in compliance with the WPO Product Standards unless the Customer notifies WPO of the damage or defect within 2 Business Days of delivery.

(d) If the Customer notifies WPO under clause 1.3(c), it must:

(1) preserve the WPO’s products in the state in which they were delivered for 10 Business Days after it notifies WPO; and

(2) during that period, allow WPO to inspect the Products.

(e) WPO will, at its option, provide a replacement, or give a credit, for WPO’s products only where:

(1) the Customer has given notice under clause 1.3(c) and complied with clause 1.3(d), and WPO is satisfied with the Customer’s claim; and

(2) if WPO elects to have the WPO’s products returned, the WPO’s products are returned to WPO in the same condition as when first delivered to the Customer.

(f) So far as permitted by law, WPO’s liability to the Customer in respect of damaged or defective WPO’s products or failure of WPO’s products to meet the WPO Product Standards is limited to replacement or credit in accordance with clause 1.3(e).