Standard Terms & Conditions
These Standard Terms & Conditions ( the “Standard Terms” ) set out the conditions associated with the sales of goods to you ( “you” ) by Pilgrim North America Inc. ( “Pilgrim” ) :
- A Sales Order shall only be accepted by Pilgrim when Pilgrim does so in writing by sending an invoice, email or other notification of acceptation to you to that effect or when Pilgrim delivers the goods to you, whichever occurs first.
- Pilgrim agrees to deliver the goods according to the agreed price, delivery date and address confirmed on the Sales Order and you agree to pay the exact amount indicated on the invoices according to agreed terms of the Sales Order. You acknowledge however that any delivery date quoted by Pilgrim is its best estimate and is based upon the conditions in its works at the time and that in no event shall Pilgrim be liable for any failure to meet such delivery date for any reason whatsoever.
- If you decide to cancel your order, you shall do so within forty-eight (48) hours after submitting such order by notifying Pilgrim in writing. Orders canceled after the expiry of such period will result in a $50 restocking fee and a 25 % of your total order that was canceled. Pilgrim also reserves the right to charge you any additional costs or fees in connection with such cancellation, including fees for bounced checks and other bank charges. Restocking fees and other possible charges in connection with cancellation of orders may change from time to time at the discretion of Pilgrim.
- You shall communicate to Pilgrim any errors or deficiencies with respect to the goods ordered, including prices, model or quantities discrepancies, within eight (8) business days from receiving the goods. If you fail to notify Pilgrim of such errors or deficiencies within such period, you will be deemed to have accepted the goods.
- Orders that are not shipped due to your failure to pay the agreed price within the applicable delays described in the Application Form above will be considered canceled after fourteen (14) business days of the date where the payment should have been made and a restocking fee will be invoiced to you. Pilgrim will make a minimum of three (3) attempts to charge the agreed price prior to invoicing you the restocking fee. Pilgrim also reserves the right to charge you any additional cost or fee in connection with such default in payment, including fees for bounced checks and other bank charges. Restocking fees and other possible charges in connection with default in payment may change from time to time at the discretion of Pilgrim.
- Until you make payment in full to Pilgrim of all amounts (in capital and interest) due in accordance with the Sales Order for the applicable goods, Pilgrim reserves ownership of such goods. However, you agree that risk of loss or damage to the goods is transferred to you upon acceptance of the goods for shipment by the carrier.
- You acknowledge and agree that you will pay interest on all overdue amounts at the rate written on the invoice or, if no such interest rate appears in the invoice, at the rate equal to the lower of (i) 1.5% per month (18% per year) or (ii) such other rate being the maximum allowable under applicable law.
- Without prejudice to any additional rights and recourse under contract or law, in the event you are in default of payment, you agree to pay to Pilgrim to the fullest extent permitted by law all reasonable costs and expenses, including reasonable attorneys’ fees and collection costs and other associated expenses, incurred by Pilgrim to enforce its rights hereunder to recover the outstanding amounts in full.
- Pilgrim will not be liable for any loss or damages arising out of or related to any goods. Pilgrim’s total liability to you will never exceed the total amount actually paid to Pilgrim by you hereunder in connection with each individual Sales Order.
- Pilgrim reserves the right to change these Standards Terms at any time, so you should review the Standard Terms each time prior to making a purchase from Pilgrim’s website or your Account Executive, or as advised by Pilgrim from time to time.
- These Standard Terms are governed by and are to be interpreted, construed and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.