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Terms & Conditions

TERMS AND CONDITIONS 

OF

 

The Stor-Age Shop

 

  1. DEFINITIONS

 

In this document the following words shall have the following meanings:

 

  1. "Buyer" means the organization or person who buys Goods from the Seller;

  2. "Goods" means the articles to be supplied to the Buyer the Seller;

  3. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

  4. "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;

  5. "Seller" means The Stor-Age Shop.

 

2  GENERAL

 

  1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion ofall other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in thedealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by theSeller in writing.

  2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shallbe inapplicable unless agreed in writing by the Seller.

 

3 PRICE AND PAYMENT

 

  1. The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price isexclusive of HST or any other applicable costs. Carriage shall be paid for by the Buyer.

  2. Payment of the price and HST and any other applicable costs shall be due within 10 days of the date of receipt of theinvoice supplied by the Seller; subject to 20 percent deposit of the price prior to the commencement of works if installation of the purchased accessories is required.

  3. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2 (two) percent per annum above the base rate of the Toronto Dominion Central Bank.

  4. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

  5. require payment in advance of delivery in relation to any Goods not previously delivered;

  6. refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;

  7. terminate the contract.

 

4 DESCRIPTION

 

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on anydescription when entering into the contract.

 

5 SAMPLE

 

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample. Samples are available as to in-personal consultation and/or upon request.

 

6 DELIVERY

 

  1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

  2. The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of thecontract.

  3. f the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place theGoods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated withsuch storage.

 

 

7 RISK

 

Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

 

8 TITLE

 

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

 

9 STANDARD WARRANTY

 

  1. Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 30 (thirty) days from the date of delivery, subject to the followingconditions:

  • the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;

  • the defect being due to the faulty design, materials or workmanship of the Seller.

  • Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.

  • Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Sellerin respect of the Goods shall be passed on to the Buyer.

  • The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such pricehas already been paid.

  • The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, butwithout limitation, Clauses 10 and 11 below.

  • CUSTOMIZED WARRANTY FOR THE STOR-AGE SHOP

  • Floor Products are subject to a particular warranty of 5 (five) years (just material); if installation of the product is involved to the sale parts and labor on floor are subject to 2 (two) years warranty.

  • Wall products are subject to life time warranty on product. if installation of the product is involved to the sale parts and labor on walls are subject to 2 (two) years warranty.

9.1 Return and Refund Policy
  • 25% restocking fee applies if return happens;

  • 20% deposit is required prior to installation works (subject to Buyer’s decision);

  • Custom paneling is non-returnable;

  • Materials have to be paid upfront if installation is chosen as an additional option

  • After completion of the installation of the walls, floors, accessories and the like, there is no refund and no return available.

 

 

10 LIABILITY

 

  1. No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:

  2. the correspondence of the Goods with any description;

  3. the quality of the Goods; or

  4. the fitness of the Goods for any purpose whatsoever.

  5. No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract wheresuch term relates in any way to:

  6. the correspondence of the Goods with any description;

  7. the quality of the Goods; or

  8. the fitness of the Goods for any purpose whatsoever.

  9. All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactoryquality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) arehereby excluded from the contract.

 

11 LIMITATION OF LIABILITY

 

  1. Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.

 

 

12 INTELLECTUAL PROPERTY RIGHTS

 

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

 

13 FORCE MAJEURE

 

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and theSeller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

 

14 RELATIONSHIP OF PARTIES

 

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

 

15 ASSIGNMENT AND SUB-CONTRACTING

 

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance ofany obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

 

16 WAIVER

 

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

 

17 SEVERABILITY

 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full forceand effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

18 GOVERNING LAW AND JURISDICTION

 

This Agreement shall be governed by and construed in accordance with the law of Canada, province of Ontario and theparties hereby submit to the exclusive jurisdiction of the provincial courts.