Article 1. Definitions
“BioBee” means BioBee Canada and its affiliated companies. “Buyer” is the party purchasing from BioBee. “Products” are the beneficial insects, natural enemies, pollinators, and related goods BioBee supplies. “Days” are calendar days unless stated otherwise.
Article 2. Applicability
These terms govern all BioBee sales and offers. A Buyer’s own terms apply only if BioBee agrees in writing. Any changes to these terms must be made in writing and signed by both parties; all remaining terms stay in force.
Article 3. Prices & Payment
Prices are net and exclude freight, duties, and taxes. All payments to be made to BioBee shall be made in full without any discount or setoff within 30 days after the invoice date, Overdue balances accrue 2% interest per month based on the number of days past due.
Article 4. Delivery, Title & Risk
Delivery dates are estimates, not firm deadlines. BioBee may ship in partial deliveries. Products travel at the Buyer’s risk and expense. BioBee is not liable for losses resulting from late delivery except in cases of intent or gross negligence.
Article 5. Order Deadlines
USA and Canada orders must be placed by BioBee Deadlines, for delivery the following week.. Select products may ship next day where available.
Article 6. Complaints & Claims
The Buyer must inspect all Products immediately upon receipt. Any claims relating to shipping, delivery, shortages, incorrect products, damaged packaging, or temperature issues must be reported in writing within 24 hours of delivery. Claims relating to product quality or hidden defects must be reported in writing within 3 calendar days of delivery. All claims must include the order or invoice number, product description, description of the issue, and supporting photographs where applicable. Failure to report a claim within the applicable time period constitutes acceptance of the Products as delivered. If BioBee determines that a claim is valid, BioBee may, at its sole discretion, replace the affected Products or issue a credit, which shall be the Buyer’s exclusive remedy. affected Products or issuance of a credit, at BioBee’s discretion. BioBee is not liable for indirect or consequential damages.
Article 7. Liability
Because Products are living organisms whose performance depends on storage, handling, release, and environmental conditions beyond BioBee’s control, BioBee does not warrant specific pest-control results. BioBee’s total liability under any agreement shall not exceed the invoice value of the Products giving rise to the claim.
Article 8. Governing Law
These Terms and any agreement between BioBee and the Buyer shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Ontario sitting in Essex County, Ontario, for the resolution of any dispute arising out of or relating to these Terms or any agreement between BioBee and the Buyer.
