Terms of Sale
Terms and Conditions
Please note no orders will be processed or shipped without a valid prescription.
This document must be carefully read by the person who is placing an order for prescription products with BorderFree Supply. It sets out important information about contract rights and obligations.
Orders and Payment Terms
Orders are not binding upon BorderFree Supply until accepted by BorderFree Supply by written notice to Customer. The prices for prescription products shall be those set out at BorderFree Supply’s web site at the time that BorderFree Supply accepts Customer’s order. Prices for prescription products are subject to change without notice. Terms of payment are within BorderFree Supply’s sole discretion, and, unless otherwise agreed to by BorderFree Supply, payment must be received by BorderFree Supply prior to BorderFree Supply’s acceptance of an order. Payment for prescription products may be made by acceptable credit card, wire transfer, bank draft, money order, cheque, or some other pre-arranged payment method.
Shipping Charges, Taxes, and International Shipments
In addition to charges for prescription products ordered, Customer shall also pay separate charges for shipping and handling in an amount equal to that set out at the BorderFree Supply web site. Prescription products will be shipped to Customer directly from the pharmacy that BorderFree Supply selects to fill Customer prescription. Customer is solely responsible for any import duties, taxes, and additional charges for customs clearance that may arise upon importation of prescription products into the country that Customer specified as the delivery address for the order. Customer shall be deemed the importer of record and is solely responsible for complying with all laws and regulations of the country into which the prescription products are being imported.
Title and Risk of Loss
Title to prescription products passes from BorderFree Supply to Customer at the time that the shipment leaves the shipping facility of BorderFree Supply or its contractors, subcontractors, affiliates, or agents. Loss or damage that occurs during shipping is Customer’s responsibility, although, within its sole discretion, BorderFree Supply may refund all or part of any sum paid by Customer or replace a lost or damaged order. Ship dates are estimates only. BorderFree Supply is not liable for delays in shipment or failure to ship by the estimated ship date.
THE MANUFACTURER OF EACH RESPECTIVE PRESCRIPTION PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH THAT PRODUCT. BORDERFREE SUPPLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE PRESCRIPTION PRODUCTS THAT ARE THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE GENERALITY OF FOREGOING, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN THOSE JURISDICTIONS.
Cancellations, Return Policies, and Exchanges
All sales are final, and prescription products that have shipped to Customer may not be returned. In its sole discretion, BorderFree Supply may replace a prescription product.
BorderFree Supply may discontinue or substitute prescription products at any time without notice. In its sole discretion, BorderFree Supply may select the pharmacy, whether in Canada or another country, that will dispense Customer’s prescription products, provided however that the pharmacy will be duly-licensed pursuant to the laws and regulations of the jurisdiction in which it is situate.
BorderFree Supply shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limiting the generality of the foregoing, delays due to backordered prescription products, delays or disruptions of the mail service, delays or disruptions in customs clearance or other import processing services, and lost or misdirected shipments.
Limitation of Liability
BORDERFREE SUPPLY (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR PRESCRIPTION PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS IN THE RECEIPT BY CUSTOMERS OF PURCHASED PRESCRIPTION PRODUCTS. BORDERFREE SUPPLY WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF PERSONAL INJURY OR DEATH, FINANCIAL LOSS, LOSS OF BUSINESS INCOME, OR OTHER INCIDENTAL, DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRESCRIPTION PRODUCTS, BORDERFREE SUPPLY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRESCRIPTION PRODUCTS UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM). NEITHER BORDERFREE SUPPLY NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN THOSE JURISDICTIONS.
No Alterations or Amendments
This Agreement’s terms and conditions may not be altered or amended by the use of any other document. Any attempt to alter or amend this Agreement or to enter an order for prescription products that is subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement executed by both Customer and BorderFree Supply.
This Agreement and any document incorporated by reference herein constitute all of the terms and conditions that govern the contract between BorderFree Supply and Customer. All prior agreements, understandings, negotiations, contracts, proposals, or requests for proposals, whether in writing or otherwise, between BorderFree Supply and Customer are null and void. Where these terms and conditions conflict with the contents of any document incorporated by reference herein, these terms and conditions shall govern.
The section headings used herein are for convenience of reference only and do not form a part of this Agreement’s terms and conditions, and no construction or inference shall be derived therefrom.