All purchase orders received from the Customer are subject to acceptance by the Company and the COMPANY RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, NOT TO ACCEPT ANY PURCHASE ORDER. Acceptance of any purchase order by the Company is subject to the availability of products and the ability of the company to deliver such products. The Company’s acceptance of a purchase order shall be evidenced by delivery of an invoice confirmation to the Customer, including a 50% down payment.
It is the Customer’s responsibility to carefully review the purchase order confirmation received from the Company and the attached drawings (if applicable) for errors, omissions and/or discrepancies, and to advise the company in writing of any such errors in the purchase order confirmation within five (5) days of the Customer’s receipt thereof, and failure to timely notify the Company of any errors, omissions and/or discrepancies within this five (5) day period of time shall constitute the Customer’s irrevocable approval of the purchase order confirmation. The Customer’s approval of the purchase order confirmation constitutes the customer’s acceptance thereof, as well as the Customer’s assumption of full responsibility for any errors, omissions, discrepancies and legal compliance in this document and the purchase order confirmation. The Company accepts no liability for any errors, omissions or discrepancies overlooked once the purchase order confirmation has been approved. Any changes to a purchase order requested by the Customer after the Customer’s approval of the purchase order confirmation are accepted at the discretion of the Company and subject to additional charges, including but not limited to, any additional costs incurred by the Company.
Unless the Company expressly agrees in writing, these terms shall govern all purchase orders and quotes for products, and the Company’s acceptance of any purchase order submitted by the Customer is conditional on the Customer’s acceptance of these terms.
All prices listed on the Company’s website or quoted by the Company are subject to change without notice. Unless otherwise announced in writing by the Company, or upon notice from the Company to the Customer, prices for products specified by the Company in a formal quote shall remain in effect for a period of fourteen (14) days from the date such prices are quoted by the Company in writing. After the aforementioned fourteen (14) day period has expired, all prices for products are subject to change without notice.
3. SALES AND SIMILAR TAXES
Prices do not include federal or provincial sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the products hereunder shall be paid by the customer.
4. PAYMENT TERMS
The Company requires a deposit of 50% of the total purchase price for all purchase orders upon the Customer’s placement of the order. After three (3) working days of the Company’s receipt of the deposit, the deposit will be NON-REFUDABLE. Deposit date is counted as day 1 in the 3 day period. Purchase orders received without a deposit are generally held from production pending the receipt of the payment. Unless different payment terms have been extended to the Customer in writing, payment of the balance is due upon completion of the order, prior to shipping. The Company will send a notification to the Customer that the order is complete, together with an invoice noting balance of the purchase price due upon receipt, and, the Customer shall promptly remit payment of the purchase price balance to the Company. For all orders completed and not paid-in-full within 14 days of estimated completion date, the product will be repossessed by the Company. The Customer acknowledges that they lose any claim over the order given repossession.
5. DELIVERY AND RISK OF LOSS
Unless otherwise agreed to in writing by the Company, products shall be shipped FOB, such that risk of loss and title of products shall pass to the Customer upon delivery to the designated carrier. Other than as expressly set forth herein, freight shall be prepaid and allowed on all shipments of products. Actual freight costs are subject to change.
The Company will use reasonable efforts to meet shipment or delivery dates specified by the Company or the Customer, but the Customer acknowledges and agrees that such dates are not an absolute commitment as they are based on current production schedules at the time of the purchase order. The Customer acknowledges that where the Company feels extra time is required so as not to compromise the quality of the product, a delay may incur which would immediately be notified to the Customer.
The Company shall not be liable for any costs related to late deliveries. The Company shall not be liable for any delay in shipping or performance or non-delivery for reasons, including but not limited to, any delay or non-delivery caused directly or indirectly by a Force Majeure Event (as defined in Section 11). The Customer agrees that any delay in delivery or failure to deliver or perform any part of these terms shall not be grounds for the Customer to terminate or refuse to comply with any provisions hereof and no claim or penalty shall be effective against the Company for such delay.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DELAY CAUSED BY THE CUSTOMER’S FAILURE TO TIMELY PROVIDE PERTINENT INFORMATION REQUIRED FOR THE COMPANY TO COMPLETE ITS OBLIGATIONS UNDER AN ORDER (which includes providing accurate measurements within 7 days of invoice date and thereafter, any subsequent changes that may occur in the Customer’s measurements). In addition, all performance dates, timetables and project milestones may, at the Company’s discretion, automatically be extended, day for day, for each day of delay in the completion of any milestone, inspection or approval resulting from any act, omission or delay (including, without limitation, any delay in submitting any required information) of the Customer. This during peak times may be further extended at the discretion of the Company.
The Customer must provide the Company with a written request for any cancellation within three (3) working days, counting day 1 as the date of invoice. The Company will attempt to accommodate requests for cancellations at the earliest. ALL DEPOSITS ARE NON–REFUNDABLE AFTER 3 WORKING DAYS OF DEPOSIT. IF WORK HAS BEEN PERFORMED WITHIN THOSE 3 DAYS, ANY COSTS INCURRED BY THE COMPANY WILL BE CHARGED TO THE CUSTOMER. FAST TRACK ORDERS ARE NON-REFUNDABLE FROM THE DATE OF INVOICING.
8. CLAIMS AND RETURNS
All claims for workmanship defects, shortages and errors must be made in writing, accompanied by photographs of such defects, within five (5) days after the Customer’s receipt of the products. Failure to make a claim within this period of time constitutes acceptance of the products and a waiver of claims. All products are inspected before shipping. The Customer and third party shippers have sole responsibility for any damage, loss or shortages incurred during transit. The Customer must inspect the products upon arrival and make claims for any damage, loss or shortages during shipment or in transit directly to the carrier. The Company is not responsible for any freight related claims, but may assist the Customer in this process at the Company’s sole discretion.
The Company does not accept any product returns. No products can be returned to the Company without its written consent.
9. CHANGES IN PRODUCT DESIGN OR MANUFACTURE
The Company shall have the right to change, discontinue or modify the design, production, and other materials of any of its products and to substitute material equal to or superior to that originally specified. The Company’s products are handcrafted and, as such, can have minor variations from products seen on the Company’s website or in studio. Materials and finishes can vary from samples and exact matching is not guaranteed.
All pricing, drawings, plans, disclosures, specifications, patterns or technical or business information furnished at any time to the Customer by the Company shall remain the sole property of the Company. The Customer shall hold all such information in strict confidence, shall not use or divulge to any third person or entity any such confidential information, and any and all copies of such confidential information shall be returned to the Company promptly upon the Company’s request.
11. FORCE MAJEURE
The Company shall not be responsible for any delay or failure in performance of any part of a quote, these terms, delivery of the products to the extent such delay or failure is caused by an event beyond the reasonable control of the Company including, without limitation, failure by the Customer to fulfil its commitments in due time, governmental action, fire, explosion, acts of God, flood, war, terror attack, riots, accident, blockades, insurrections, epidemics, pandemics, earthquakes, hurricanes, tornadoes, floods, abnormal weather, snow or hail storms, monsoon, smog, labour trouble, shortages of labour or materials, nuclear fallout, power-outages, increases in material costs, transportation difficulty, acts of the public enemy, the existence of any circumstance making performance commercially impractical (each such event, a “Force Majeure Event”).
The Company reserves the right to vary these Terms and Conditions of Sale from time to time at its discretion.