STANDARD TERMS AND CONDITIONS OF SALE
1. Product definition :
1.1 Regular products: Warehouse products.
1.2 Custom order products :
- Products that Silex does not regularly keep in inventory at the time of purchase.
- The products that Silex has in inventory, but of which the ordered quantity significantly exceeds the usual quantities.
- Products that need to be obtained through a special purchase or a special production/manufacturing process, whether from external or internal suppliers..
1.3 Complementary and accessory products: any additional product offered for sale by Silex.
2. ORDER APPROVAL:
The sale of products becomes effective upon receipt of a purchase order accepted 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. SALES PRICES AND DEPOSITS :
All prices are valid for a period of thirty (30) days from the submission date. Thereafter, all prices are subject to adjustment to Silex's prevailing price at the time 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 (non-standard, size, or color). Deposits are non-refundable and will be held in full until the final shipment of the product. The remaining purchase price is payable by the customer upon delivery..
4. DELIVERY AND ORDER STORAGE :
The customer must accept delivery of all materials within thirty (30) days from the delivery date requested by the customer, regardless of whether this delivery date may be earlier or later than the date requested by the customer. If the customer wishes to delay receiving the materials beyond this date, Silex may require full payment. Furthermore, in such cases, 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. TRANSPORTATION 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 delivery delays, whether caused by Silex or a third party, and acknowledges that Silex does not guarantee material delivery on the requested delivery date. Furthermore, the customer acknowledges and agrees 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 own risk and expense, whether or not the transportation was arranged by Silex on behalf of the customer. Silex does not guarantee delivery or transportation by a third party, including but not limited to service quality or material delivery.
6. RECEIPT OF THE ORDER:
Silex Element commits to providing the customer with photos of each packed 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 agrees that they are responsible for verifying that the received merchandise is in good condition and matches the photos sent by the company. In case of uncertainty, precaution, or if the customer notices any discrepancies between the received merchandise and the provided photo, they must make necessary notations on the delivery receipt (e.g., potential damages/assumed hidden damages/damages to inspect, etc.) in the presence of the delivery person. Silex Element strongly advises taking photos of the merchandise upon delivery and sending them if necessary. If the customer signs the receipt without specifying that the order is not in conformity, Silex Element cannot be held responsible for any subsequent errors, damages, or defects discovered. Therefore, it is crucial for the customer to carefully inspect the pallet before signing the receipt. Silex Element commits to handling all claims related to pallet conformity promptly and professionally.
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:
Any 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-made or special color products. Additionally, no returns will be accepted for special order products and goods 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 issued 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 RIGHT:
All products, present and future, sold by Silex to the customer remain the exclusive property of Silex until full payment of all amounts 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. Silex may also avail itself of all other remedies provided by law or this Agreement.
10. APPLICABLE LAW AND CHOICE OF DOMICILE:
Hereby, this agreement will be interpreted and enforced according to the laws of the province of Quebec and the applicable laws of Canada. Furthermore, the parties agree and irrevocably consent hereby to the exclusive jurisdiction of the Court 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 brought before this court.
Ce document a été rédigé en français à la demande des parties. / This document has been written in French at the parties’ request.
12. PERFORMANCE, DELIVERY, AND COMPLETE AGREEMENT ELECTRONICALLY:
This document may be signed in multiple counterparts, each of which constitutes an original. The delivery of a signed copy of this document by facsimile, fax, sending a scanned copy via email, or by any other means of electronic execution and delivery, shall be deemed to be the 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.