General Terms and Conditions of Sale

1. Product definition 

1.1 Regular product : Warehouse Products.

1.2 Special Order Products :

  • Products that Silex does not regularly hold in inventory at the time of purchase.
  • The products that Silex has in inventory, but the ordered quantity significantly exceeds the normal quantities.
  • Products that need to be obtained through a special purchase or special production/manufacturing process, whether from external or internal suppliers.

1.3 Complementary and Accessories Products: Any additional product offered for sale by Silex.

2. Order Approval

The sale of products becomes effective upon receipt of an accepted purchase order by Silex and/or upon the signing of Silex's purchase order by the customer. No order will be processed without full payment of the order.

3. Selling Price and Deposits

All prices are valid for a period of thirty (30) days from the date of the quotation. Subsequently, all prices are subject to adjustment to Silex's prevailing price at the date of delivery, unless there is a written agreement between both parties. Prices do not include provisions for applicable taxes and/or duties. A minimum deposit of 50% will be required to confirm a special order (excluding standard, size, or color). Deposits are non-refundable and will be retained in full until the final shipment of the product. The remaining purchase price is payable by the customer upon delivery.

4.Delivery and Warehousing of Orders

The customer must accept delivery of all materials within thirty (30) days from the customer's requested delivery date, regardless of whether this delivery date is earlier or later than the customer's requested delivery date. If the customer wishes to postpone the receipt of the materials beyond this date, Silex may request full payment. Additionally, in this case, Silex may charge the customer monthly storage fees, equivalent to 1% of the value to be shipped, excluding taxes; however, Silex is not obligated to store materials on behalf of the customer. It is understood that Silex may, at its discretion, dispose of materials not accepted by the customer.

5. Transport and Delivery Dates

Silex is committed to making every effort to meet the delivery date requested by the customer. However, the customer acknowledges that delivery dates for special order products may vary and are beyond Silex's control. As a result, the customer agrees that Silex assumes no responsibility for any delivery delays, whether caused by Silex or a third party, and acknowledges that Silex does not guarantee the delivery of materials on the requested delivery date. The customer further acknowledges and accepts that all transportation costs will be paid by the customer to Silex in accordance with the payment terms agreed upon by the parties, and that any transportation of goods by a third party is at the customer's risk and expense, whether arranged by Silex on behalf of the customer or not. Silex does not guarantee delivery or transportation by a third party, including, but not limited to, the quality of service or material delivery.

6. Receipt of the Order 

Silex Element commits to providing the customer with photos of each packaged order (parcel or pallet) ready for delivery and prior to shipment in order to demonstrate the proper condition at the outset. The customer acknowledges and accepts responsibility for verifying that the received merchandise is in good condition and corresponds to the photos sent by the company. In case of doubts, as a precaution, or if the customer notices that the merchandise does not match the sent photo, they must note necessary reservations on the delivery receipt (examples: possible damages / presumed hidden damages / damages to be inspected / etc.) in the presence of the delivery personnel. Silex Element strongly advises taking photos of the merchandise upon delivery and sending them if needed. If the customer signs the receipt without specifying that the order is not in accordance, Silex Element cannot be held responsible for any subsequent errors, damages, or defects. Therefore, it is important for the customer to carefully inspect the pallet before signing the receipt. Silex Element is committed to handling all claims related to pallet conformity in a diligent and professional manner.

7. Warranty

Silex's warranty varies depending on its different products. The customer acknowledges that all tiles, slabs, and other products sold are subject to variations in shade and size. These variations are inherent characteristics of the products sold by Silex. Silex's warranty and liability are limited in all cases to the repair or replacement of the products. At all times, the customer and installer must inspect the product in question before installation, and Silex will not be held responsible for any claims of any nature once the product is installed. It is the customer's responsibility to have the products installed by a qualified installer and according to the manufacturer's instructions.

8. Return and Exchange Policy

Returned merchandise must be in its original condition and must not have been cut or installed. No returns or exchanges will be accepted for custom or special color products. Additionally, no returns will be accepted for special order products and merchandise purchased on clearance. The original copy of the invoice is mandatory. Returns or exchanges are accepted within a thirty (30) day period from the date of purchase. Refunds will be processed using the original method of payment. Depending on the nature of the product, handling fees ranging from 15-30% will be applied.

9. Reservation of Ownership Rights

All products, present and future, sold by Silex to the customer remain the exclusive property of Silex until full payment of all sums owed to Silex, whether invoiced or not, including interest and fees. In case of non-payment, in addition to all other rights and remedies available to Silex under the law, Silex may require the Customer to return all products to Silex or any other person designated by Silex on dates and at locations specified by Silex, at the customer's expense, and Silex may avail itself of all other remedies provided by law or under this Agreement.

10. Applicable Law and Choice of Domicile

This Agreement shall be interpreted and enforced in accordance with the laws of the province of Quebec and the applicable laws of Canada. Furthermore, the parties agree and irrevocably consent hereto to submit to the exclusive jurisdiction of the Courts of the District of Montreal, Province of Quebec, in connection with any claim or dispute arising from the rights and obligations herein. The customer waives any right to change the venue of the proceedings filed in this court.

11. Langage

Ce document a été rédigé en français à la demande des parties. / This document has been written in French at the parties’ request.

12. Execution, Delivery, and Complete Agreement by Electronic Means

This document may be signed in multiple counterparts, each of which shall be an original. The delivery of a signed copy of this document by facsimile, fax, by sending a scanned copy by email, or by any other means of electronic execution and delivery, shall be deemed to be delivery of an original manually signed copy of this document. This document constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, agreements, and understandings, whether oral or written.