1. Sale and Purchase of Goods
Brock Health Administration Ltd. (“Brock Health”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, registration into a Brock Health Administration Ltd Private Health Services Plan employee health benefit plan for the purposes of health and dental coverage, the description and quantity described on BrockHealth.ca and on this registration site and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
2. Purchase Price
The Buyer agrees to pay the Purchase Price of registration into a Private Health Services Plan (PHSP), colloquially referred to as a Health and Dental Plan, as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by the Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Brock Health shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Brock Health for Brock Health’s costs of collection, including attorney fees, legal fees and costs and disbursements. In the event that your payment does not clear on checkout, you will not be registered in a PHSP until alternate payment has cleared. The provision of health and dental coverage under the PHSP shall not be made by Brock Health, nor shall the Buyer be considered to be registered in a health & dental plan until such alternate payment is made.
Unless otherwise agreed in writing, Brock Health Administration Ltd will receive your account information from the PHSP registration site and will complete the activation of the Buyer’s health & dental plan within one business day and your account will be considered functional for health and dental coverage under the Buyer’s employee health benefit plan. Information delivery dates provided by Brock Health are estimates only.
5. Limited Warranty
Brock Health supplies as its sole warranty the following:
Cancellation Policy: If for any reason the Buyer wishes to cancel their Private Health Services Plan (PHSP) with Brock Health, the Buyer’s registration fee will be returned in full by cheque within 10 business days. This offer will remain in effect until such time as a Covered Employee of the Buyer’s PHSP submits a health and dental plan benefit claim. Once the Buyer’s business has utilized the Plan for health and dental coverage for the first time through the submission of a health and dental plan benefit claim, the registration fee will become non-refundable.
If you change your mind about registration into a PHSP, the standard three-day cooling off period in Alberta is in place at which time you may cancel your registration and have your fee refunded, as long as you have not made a claim through your PHSP. Refunds will be processed within 10 days from approval notification.
The warranties provided for herein shall be governed by Brock Health’s warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Brock Health undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which the Buyer may be buying the Goods, including specifically the provision of health and dental coverage to the employees of the Buyer, under the Buyer’s health and dental plan offered as an employee health benefit plan, except as otherwise provided in this Agreement, and Brock Health disclaims all other warranties and conditions, express or implied.
Brock Health (including its subsidiaries, affiliates, officers, directors, employees, agents or subcontractors, all of which are referred to herein collectively as the “Brock Health Affiliates”) shall not be liable under any circumstances to the Buyer or any other party for any special, consequential, incidental or exemplary damages arising out of or in any way connected with the Goods or otherwise, including but not limited to damages for lost profits, loss of the Goods or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, the Buyer’s time, lost data, injury to property, or any damages or sums paid by the Buyer to third parties, even if Brock Health or any of Brock Health Affiliates has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
In no event shall Brock Health or any Brock Health Affiliate be liable to the Buyer or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these terms and conditions in excess of the net purchase price of registration in the Health and Dental Plan actually delivered to and paid for by the Buyer hereunder.
Brock Health disclaims any warranties of non-infringement with respect to the Goods, specifically of provision of health and dental coverage to the employees of the Buyer, under the Buyer’s health and dental plan offered as an employee health benefit plan, and none of Brock Health or Brock Health Affiliates shall have any duty to defend, indemnify, or hold harmless, the Buyer from and against any or all damages or costs incurred by the Buyer arising from the infringement of patents or trademarks or violation of copyrights by any of the Goods.
7. Force Majeure
Brock Health shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods, specifically of provision of health and dental coverage to the employees of the Buyer, under the Buyer’s health and dental plan offered as an employee health benefit plan, in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labour, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Brock Health, which causes delays or hinders the manufacture or delivery of the Goods, specifically of provision of health and dental coverage to the employees of the Buyer, under the Buyer’s health and dental plan offered as an employee health benefit plan. Brock Health shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
The Buyer may not assign this Agreement without Brock Health’s written consent. Brock Health is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, specifically of provision of health and dental coverage to the employees of the Buyer, under the Buyer’s health and dental plan offered as an employee health benefit plan, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Brock Health. Any additional or altered terms attached to any order submitted by the Buyer shall be null and void, unless expressly agreed to in writing by Brock Health. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the province of Alberta, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; The Buyer submits to the exclusive jurisdiction and venue of the courts of the province of Alberta and hereby waives any objection to such jurisdiction and venue.