Effective Date: May 1, 2025
These Terms & Conditions (“Terms”) govern all wholesale produce sales by Sobeys Capital Inc DBA Pete’s Frootique & Fine Foods (“Supplier”, “we”, “us”, or “our”) to the buyer (“Buyer”, “you”, or “your”). By placing an order with us, you acknowledge and agree to be bound by the following terms under the laws of Nova Scotia.
1. Orders
1.1 All orders must be submitted via email, ordering platform, or in writing, as mutually agreed.
1.2 Minimum order quantities or thresholds may apply and will be communicated prior to order acceptance.
1.3 All orders are subject to product availability and confirmation by us.
2. Pricing & Payment
2.1 Prices are quoted in Canadian Dollars (CAD) and exclude applicable taxes (HST), shipping, or handling fees unless otherwise stated.
2.2 All prices are subject to change without prior notice due to market conditions or supply fluctuations.
2.3 Standard payment terms are Net 7 days from the invoice date, unless otherwise agreed in writing.
2.4 Late payments may be subject to an interest charge of the maximum allowable under the Nova Scotia Interest on Overdue Accounts Act.
2.5 We reserve the right to suspend delivery or cancel future orders in the event of overdue balances.
3. Delivery
3.1 Delivery will be made to the address provided by the Buyer or agreed-upon pickup location.
3.2 Estimated delivery times are not guaranteed and may vary due to weather, road conditions, or supply issues.
3.3 Title to the goods passes to the Buyer only upon full payment. Risk of loss or damage transfers upon delivery.
4. Inspection, Claims & Returns
4.1 Buyer must inspect all goods upon delivery and report any shortages, damages, or quality issues within 24 hours.
4.2 Claims must be made in writing, accompanied by photos or other evidence.
4.3 No returns are accepted without prior written authorization. Accepted returns may be credited or replaced at our discretion.
5. Limitation of Liability
5.1 Our total liability for any claim shall not exceed the amount paid by the Buyer for the goods in question.
5.2 Under no circumstances shall we be liable for indirect, consequential, or special damages, including loss of income or business interruption.
6. Force Majeure
We are not liable for delays or failure to perform due to events beyond our reasonable control, including natural disasters, strikes, transport disruptions, regulatory actions, or other force majeure events.
7. Termination
We reserve the right to terminate or suspend the business relationship with immediate effect if the Buyer:
Fails to make payment when due;
Breaches these Terms; or
Engages in fraudulent or abusive conduct.
8. Governing Law & Dispute Resolution
These Terms shall be governed and interpreted in accordance with the laws of the Province of Nova Scotia and the applicable laws of Canada. Any disputes shall be subject to the exclusive jurisdiction of the courts of Nova Scotia, specifically in Halifax Regional Municipality unless otherwise agreed.
9. Entire Agreement
These Terms, along with any written agreements or invoices, represent the entire agreement between the Supplier and Buyer and supersede any prior oral or written communications.