Terms & Conditions
SunOpta Grains and Foods Inc. ("SunOpta"), a Minnesota corporation, obtains its supply of product from growers under contract with SunOpta. This contract is subject to the availability of this supply. If the supply from contracted growers is delayed or is not available, in whole or in part (including, but not limited to, the following reasons: embargoes, strikes, disturbances, drought, floods, insects, crop failure, frost, Acts of God, earthquakes, fires, action of the elements, invasion, war, riot, insurrection, rebellion or interference by civil or military authority), SunOpta shall not be liable for said unavailability or delay and the parties agree that their respective obligations shall be excused and this contract shall be deemed null and void.
SunOpta has the right of specific performance, that is, the exact fulfillment of this contract in accordance with its terms.
This contract constitutes the full understanding of the parties and is a complete and exclusive statement of the terms of their agreement. No items, conditions, understanding, agreement, assignment, purchase order, confirmation or acknowledgement purporting to modify or vary the terms of this contract shall be binding upon the parties unless the same shall be made in writing and signed by an authorized signatory of both parties.
Any additional costs imposed on SunOpta due to increases in freight charges or changes in applicable laws or regulations, subsequent to the date of this contract shall retroactively accrue to the Customer's account, where applicable.
SUNOPTA'S LIABILITY, WHETHER CONTRACTUAL OR OTHERWISE, IS EXCLUSIVELY LIMITED TO THE PURCHASE PRICE OF THE PRODUCT UNDER ALL CIRCUMSTANCES AND REGARDLESS OF THE NATURE, CAUSE OR EXTENT OF THE LOSS.
SunOpta reserves the right to extend or amend the shipping terms for reasons beyond its control to ensure completion of its shipment obligations.
Customer agrees to purchase said quantity at said price. Customer further agrees to take delivery of the product within stated shipping terms or, in the event the Customer requires delivery at a date beyond the stated shipping terms, Customer agrees to be liable for any additional costs and expenses charged by SunOpta. Risk of loss of product shall transfer to the Customer upon delivery by SunOpta.
SunOpta may impose on all unpaid balances past their due date a finance charge of 1.5% per month.
Testing: Any testing requested by the Customer that needs to be completed by a third party will be at Customer's cost. Certain internal testing is provided as a part of SunOpta's service to the Customer; however, SunOpta will not conduct environmental or product pathogen testing on any raw products. Customer acknowledges and agrees that it is responsible to implement necessary actions, including an appropriate kill step, if it purchases any raw products from SunOpta. Contact Quality Assurance Manager at 1-800-654-4145 for internal testing options provided.
Submission of Product Claims: The specified time period to submit a claim is 30 days once product is received at Customer's international port or Customer's USA location of product acceptance. SunOpta will fully investigate any and all claims submitted by Customer within the specified time period. Any claims submitted by Customer beyond the specified time period may be reviewed on an individual basis by the QC Manager at SunOpta. All claims should be submitted to SunOpta Sunflower 1971 354th St Breckenridge 56520 USA, faxed to (218) 643-3336, or emailed to Sunflower@sunopta.com. A SunOpta claim form will be sent to the Customer for additional information to aid in the investigation of the claim.
Cancellation of the contract may result in penalties for storage and interest until the product can be resold or a mutually agreed upon arrangement established between both parties.
This contract shall be governed by and shall be construed according to the laws of the State of Minnesota, excluding any principals or rules that direct the application of another jurisdiction's laws.