Terms of Purchase for Antigen Rapid Point-of-Care COVID-19 Testing kits

V2021.11.01

 

By purchasing testing kits from DriverCheck Inc. (“DriverCheck”) you, the purchaser, (the “Purchaser”) accept and agree to the following purchase terms and conditions:

For the purposes of these terms of purchase a testing kit is the test device used to perform an antigen rapid point-of-care COVID-19 test.

Purchaser will comply with all applicable provincial laws (including privacy laws) and regulations regarding rapid point-of-care COVID-19  testing, including but not limited to any required training, and reporting of test results. Purchaser will ensure the use of the testing kits is in accordance with Health Canada approvals. Purchaser should consult with independent legal counsel and provincial regulations for COVID testing.

Where the Purchaser is a business or organization purchasing testing kits for employees or participants to do COVID-19 testing, Purchaser acknowledges and agrees that they will ensure that appropriate training is provided to all employees/participants on the use of rapid point-of-care COVID testing kits as per applicable provincial regulations and guidance and per Health Canada approvals.

Purchaser shall indemnify and hold harmless DriverCheck and its officers, directors, employees, subcontractors and agents (collectively the “Indemnitees”), from and against any and all claims, damages, liabilities, losses, costs or expenses incurred or sustained by the Indemnitees or any of them as a result of any breach of any of these terms of purchase by Purchaser or from Purchaser’s negligence or willful misconduct including where Purchaser does not comply with all applicable provincial and federal laws (including privacy laws and Health Canada approvals) and regulations regarding rapid point-of-care COVID-19  testing, including but not limited to any required training and reporting of test results. The Purchaser acknowledges that it has had the opportunity to seek independent legal counsel and review provincial regulations for COVID testing

Purchaser acknowledges that where third parties are used for ordering or shipment of testing kits, order information, which includes personal information, will be shared with such third party(s) and further acknowledges that it is not guaranteed that such information will remain in Canada.

 

Purchaser agrees that DriverCheck is not responsible for the accuracy of shipping addresses that are provided. Should Purchaser provide an inaccurate address, Purchaser is still responsible for the payment of kits and shipping charges.

 

Purchaser agrees to ensure that anyone using the testing kit(s) is responsible for disposing of test kits in accordance with local and municipal by-laws.

 

Payment terms are as stated in the quote, order and/or invoice (dependent upon method of ordering) provided to Purchaser by DriverCheck which may include payment in advance of shipments of the Purchaser’s order. DriverCheck reserves the right to charge excess fees for shipping to remote locations,   any additional fees will be communicated and mutually agreed upon prior to order processing.

 

Purchaser shall pay DriverCheck for goods rendered, without set-off or deduction of any kind, the fees set out in the quote, order and/or invoice provided.  All amounts referred to in the quote, order and/or invoice are in lawful money of Canada. All fees include any taxes, duties, or similar charges imposed by any government or taxing authority, including without limitation Goods and Services Tax or Harmonized Sales Tax, which shall be payable by the Purchaser.  

Purchaser shall pay DriverCheck for testing kit supply and distribution up front unless Purchaser has been advised of another mutually agreed upon payment method, in which case Purchaser shall pay DriverCheck for testing kit supply and distribution within thirty (30) days from the date of receipt of the invoice.  Late payments shall bear interest at the rate of 26.8% compounded annually on the amount outstanding from time to time. If any amount is overdue, DriverCheck may refuse to fulfill any further orders for testing kits for the Purchaser until all outstanding amounts have been paid and any other reasonable requirements met. Late payment may result in collection charges including legal costs.  Non-sufficient funds (NSF) cheques will be subject to a charge.

Where DriverCheck is unable to successfully obtain payment for Purchaser’s kits supply and distribution fees, or any other valid charges, DriverCheck can suspend  supply and distribution of testing kits  until such payment has been received

Purchaser understands that DriverCheck may require a credit check for orders when full payment is not made upfront. Where required, Purchaser consents to such credit check in order to proceed with the kit purchase.

Return Policy: The COVID-19 testing kits are not returnable under any circumstances except for the following reasons or as otherwise required by applicable law:

  • Device is defective;
  • Units were received damaged or incomplete;
  • Units were delivered to Purchaser by DriverCheck past the marked expiration date as indicated on the testing kit, and/or
  • Undelivered orders are eligible for a refund less a twenty-five (25)% restocking fee

Proof of defective, damaged or expired kits may be required.

Purchaser understands that testing kits that have inconclusive results will not be refunded or replaced as this can be due to the result of user error versus a defective kit.

No refunds will be issued for returned devices. Devices returned for any of the above reasons will be replaced at no additional cost to Purchaser, exclusive of undelivered orders.  Purchaser agrees that once an order has been submitted Purchaser is liable to DriverCheck for the payment of all testing kits in such order.

DriverCheck makes no representation or warranty whatsoever either expressed or implied, statutory or otherwise other than as expressly set forth in these terms of purchase and the Client hereby waives the benefit of any such expressed or implied, statutory or other representations or warranties.  Without limiting the foregoing, DriverCheck makes no express, implied or statutory representation or warranty with respect to merchantability, or fitness for a particular purpose.

The liability of DriverCheck, whether arising under these terms of purchase, contract, tort, negligence, statutory liability or other legal theory, shall be limited to the direct and actual money damages actually incurred by Purchaser and in any event such liability shall not in the aggregate exceed the fees actually paid to DriverCheck by Purchaser under these terms of purchase, regardless of the number of claims made.   In no event shall DriverCheck be liable for punitive, exemplary, aggravated, indirect or consequential damages or loss of profits including without limiting the foregoing, even if DriverCheck has been notified of the possibility of such damages, and Purchaser hereby waive any claim or recourse against DriverCheck for such damages. 

Purchaser agrees that these terms of purchase constitutes the entire agreement between the parties in respect of the order for testing kits. There are no other agreements, understandings, representations, warranties, collateral agreements or conditions affecting these terms of purchase except as expressly provided herein in writing. The terms contained herein take precedence over any terms contained in any purchase order unless agreed to and signed by both parties. These terms shall supersede any previous terms of purchase.

Purchaser agrees that the disclaimer of warranties and limitations of liability contained herein are reasonable in scope.