In purchasing this service from ClearWater Farm, an operation of Ontario Water Centre, a not-for-profit corporation with charitable status (collectively referred to hereafter as ClearWater), you understand and acknowledge that:
You are purchasing conveyance services only from ClearWater, taking receipt from Grocery Gateway in Toronto of orders purchased by you from them, and conveying such orders to your dock by van and by boat.
Relying on your purchase of a weekly delivery service for your groceries (details will vary with services purchased), ClearWater will be setting aside and holding for your benefit delivery capacity that is a scarce resource and that costs ClearWater money to provide to you. If you fail to place an order with Grocery Gateway during any week for which you have contracted with ClearWater to provide conveyance services – for any reason, including a misunderstanding between you and Grocery Gateway or their failure to fulfill your order — we will nevertheless have incurred costs on your behalf and will charge you our pre-agreed fee for having set aside the capacity to deliver your grocery order. You understand and acknowledge that such charges are fair and reasonable and you will not attempt to challenge them.
As a Georgian Bay cottager, you understand that weather can be unpredictable, and that storms, lightning, heavy winds and wave action, and other natural phenomena wholly out of ClearWater’s control can pose significant risks to use of boats for temporary periods of time. ClearWater’s first concern must be for the physical safety of the individuals who will make deliveries by boat to your cottage dock. You understand and acknowledge that from time to time, ClearWater may have to delay the timing of its delivery of your groceries due to weather or other force majeure events outside of its control. ClearWater and its staff will make all reasonable efforts to make deliveries as close to the agreed times as possible. Should unavoidable delays due to weather and other force majeure events lead to spoilage of perishable products, you agree not to hold ClearWater responsible for such spoilage.