GENERAL TERMS AND CONDITIONS OF SALE
1. PRODUCT DEFINITION:
a. Regular Products: Products that Ciot holds regularly in inventory, in store or in warehouse.
b. Special Order Products:
i. Products Ciot does not carry, regularly, in inventory at the time of the purchase
ii. Products that Ciot does carry in inventory but that the quantity ordered far exceeds normal inventory quantities and that for which Ciot must place a distinct order with supplier to fulfill the quantity requested
iii. Products that that must be obtained through special purchase or production/fabrication either with suppliers or internally.
2. PURCHASE/SALE TERMS: The sale of product takes effect at the time of the receipt of an accepted customer purchase order and/or Client’s signature of the Ciot sales order. All product is sold by the full box and no order will be placed without a deposit.
3. SALES PRICES & DEPOSITS: All prices are valid for thirty (30) days from the date of the quotation. Subsequently, all prices are subject to be adjusted to Ciot’s price in effect at the date of delivery, unless otherwise agreed in writing by both parties. Prices do not include provisions for any applicable taxesand/or duty. A minimum deposit of 40% will be required to confirm an order. All deposits are non-refundable and will be held in its entirety until the last shipment of product. The balance of the purchase price is payable by the customer upon delivery
4. ORDER RECEIPT AND STORAGE: Client must accept delivery of all material within sixty (60) days of the Client requested delivery date, notwithstanding that such delivery date may be earlier or later than the Client’s requested delivery date. If Client wishes to delay receipt of material beyond the Client requested delivery date, the Client may be charged, at Ciot’s sole and absolute discretion, and shall be required to pay, the full amount owing for such goods, notwithstanding whether the Client has received or accepted delivery of the goods. Furthermore, in such an event, Ciot may, at its sole and absolute discretion, charge the Client a monthly storage fee equal to 1% of the total value of the order, plus taxes, but Ciot shall in no way be obligated or required to store any material on the Client’s behalf. For greater certainty, Ciot may, at its sole and absolute discretion, dispose of any materials not accepted for delivery by the Client.
5. TRANSPORT AND DELIVERY DATES: Ciot agrees to work to meet the Client’s requested delivery date. However, the Client acknowledges that delivery dates may vary and may be out of Ciot’s control. Therefore, the Client acknowledges and agrees that Ciot shall not be liable for any and all delays in the delivery of material, regardless of whether such delay was caused by Ciot or a third party, and acknowledges that Ciot does not warrant and/or guarantee the delivery of material by the Client’s requested delivery date. The Client further acknowledges and agrees that any and all transportation costs shall be paid by the Client to Ciot in accordance with the payment terms agreed upon by the parties, and that any and all transportation of goods by a third party is at the Client’s sole and exclusive risk and expense, regardless of whether such third party transportation was arranged by Ciot on the Client’s behalf. Ciot does not warrant and/or guarantee any third party delivery or transport, including but not limited to any quality of service or delivery of material.
6. WARRANTY: Ciot’s warranty varies in accordance with its various products. The client acknowledges that all tiles, slabs and other products sold aresubject to variation of shade and size. Such variations are inherent characteristics of the products sold by Ciot. Ciot’s warranty and liability shall in allcases be limited to repair or replacement of products. At all times, Client and Installer must inspect the product in question prior to installation and Ciot will not be held liable for any claim of whatever nature once the product is installed. It is the responsibility of the client to have the products installed by a qualified installer and according the manufacturer’s instructions.
7. RETURNS AND EXCHANGE POLICY: All merchandise returned must be in its original state and should not have been installed. Only full and unopened boxes will be accepted. No returns or exchanges will be accepted for natural stone products that have been pre-selected and categorized for color orlayout uniformity. Additionally, no returns will be accepted on Special Order Product and goods purchased on liquidation. Merchandise must be returned at the receiving/shipping counter. Original copy of invoice is necessary. Returns or exchanges are accepted within a period of thirty (30) days of purchase. Refund will be issued according to original payment method. Depending on the nature of the product, a restocking fee between 15-30% will be applied.
8. RESERVE OF RIGHT OF OWNERSHIP: All Products, whether present and future, sold by Ciot to the Client shall remain the sole property of Ciot until all sums due to Ciot whether invoiced or not have been fully paid, the whole including interests and costs. In case of non-payment, in addition to all otherrights and recourses available to Ciot by Law, Ciot may demand that the Client remit all the products to Ciot or to any other person designated by Ciot at the time and locations specified by Ciot, at the Client’s costs, and Ciot may avail itself of all other recourses provided for by Law or by this Agreement.
9. GOVERNING LAW AND ELECTION OF DOMICILE: This Agreement shall be governed by, interpreted, construed and enforced in accordance with thelaws of the Province of Ontario and the federal laws of Canada applicable therein. Furthermore, the parties hereto irrevocably submit to the executivejurisdiction of the Courts of the District of the Toronto, province of Ontario, with the respect to any claim or any dispute arising from any rights or obligations provided for in this Agreement. Applicant hereby waives any right to transfer or change the venue of litigation filed in such courts.
10. LANGUAGE: This document has been written in English at the parties’ request. / Le present document est rédigé en Anglais à la demande des partiesconcernées.
11. ELECTRONIC EXECUTION, DELIVERY AND ENTIRE AGREEMENT: This document may be executed in several counterparts, each of which shallconstitute an original. Delivery of an executed counterpart of this document by telecopy, fax, by sending a scanned copy by electronic mail, or by any other means of electronic execution and delivery, shall be effective as delivery of a manually executed original counterpart of this document. This documentconstitutes the entire agreement among the parties relating to the subject matter hereof and supersedes any and all previous negotiations, agreements and understandings, whether oral or written,