TERMS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

TERMS AND CONDITIONS OF SALE

Terms and Acknowledgement: This order and any agreement between Customer and Agate Tile & Stone Inc., (“AGATE”) is limited to these terms and conditions.  Any additional or different terms in Customer’s forms or other documents are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.  No modification of AGATE’s terms and conditions will be binding on AGATE unless agreed to in writing by AGATE.  These terms and conditions supersede any and all prior terms and conditions to the contrary.

Availability and Descriptions

As each supplier/manufacturer has its own sizes and description for products, we do not guarantee accuracy on sizes and descriptions. Some products might differ in size, all displays are for information-base only.

The purchase of Products on AGATE is subject to availability. In the event that the Product you request is not available at the time of your order, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order.

Although we strive to update and keep accurate Product and pricing information on AGATE, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, the Service Provider shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation.

PRODUCTS DISPLAYED ON AGATE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON AGATE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

Customer and Account: You represent that you are at least the age of majority in your jurisdiction of residence, you are not under any legal or other disability which limits your ability to comply with this Agreement, the information you provide in connection with your purchase is truthful and accurate, and you are not purchasing the products offered for sale at AGATE (“Products”) for resale to others. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. Data generated in connection with your use of your account at this AGATE is the property of the Service Provider. The Service Provider, in the exercise of its reasonable business judgment, reserves the right at its sole discretion to refuse to sell Products, terminate accounts, cancel orders and restrict access to AGATE.

Product Warranties: The Service Provider is a reseller of products manufactured by other companies. You may be entitled to the benefit of a warranty, if any, provided by the original manufacturers of the products that you purchase from The Service Provider. Customer is also responsible for verifying the appropriateness of products for customer’s intended use as well as verifying the proper storage, transportation, test and safety data, application and handling of products, AGATE shall have no liability for any such information provided by the manufacturer, manufacturer’s distributors or representatives. In no event shall AGATE be liable to customer or any other person for any direct, indirect, incidental, consequential or special damages relating to the products covered hereby, whether based on contract, negligence, strict liability or otherwise. For warranty claims, please contact the manufacturer of your product.

Product Prices: The price for Products is stated in Canadian dollars. The price for an order placed by you may include additional costs, such as taxes, surcharges, and handling and other fees. You are responsible for the payment of any such additional costs. The total price of the order will be displayed to you before you legally accept the order.

Payment

We accept Visa, MasterCard, American Express, Discover and MC DinersClub, Interac, JCB and UnionPay  (See note about the use of debit cards). When paying with credit card, you authorize the Service Provider to charge the applicable card the amount of the order at the time your order is shipped. If your order requires more than one shipment, we will charge your card separately for each shipment. You will only pay one shipping charge regardless of how many shipments are required to complete your order.

DEBIT CARD CHARGES – When you place your order online, your bank may allocate the total order amount from your account and hold it in reserve for up to a week, or until your order ships. During this time you may not have access to those funds. If you need access to the money in the account that your debit card draws from, use a credit card instead. You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and the Service Provider will have no obligation to fulfill your order. All billing and registration information provided by you to the Service Provider must be truthful and accurate.

Risk of Loss: In Canada, the risk of loss and title for Products pass to you upon our delivery to the carrier, such as FedEx, or Canada Post, or other third party shippers.

Returns: Products may only be returned to AGATE in accordance with its posted return policy.  Qualifying returns must be made within thirty (30) days of purchase and must be approved by AGATE.  The invoice/sales receipt for the original purchase must accompany the return.  Absolutely no exchanges, refunds or credits are permitted for partial returns of natural stone, for slabs, or for used, damaged or altered goods, goods unsuitable for resale, discounted products, and “end of lot” or discontinued or closeout products, sale items, custom items or special orders.  All approved returns must be made in unopened units (if applicable), within the original cartons or packaging, which must be in good and undamaged condition.  Special orders cannot be changed once ordered and are not cancellable, not returnable, and not refundable.  All sales are final on slabs, on discounted products, “end of lot” or discontinued or closeout products, sale items, on custom items or special orders.

Special Orders (Custom Orders): “Special orders” are orders for products that are not in stock. “Custom orders” are special orders. A negotiated deposit is required before AGATE will place the order.  The remaining balance (if any) is due upon arrival of the special order to AGATE or drop ship location. A purchase order will not substitute for a monetary payment.  It is highly recommended that Customer order “range samples” and/or photos of any special order prior to order quotation.  Any request for site and material inspections by AGATE at the factory or distribution point need to be requested in writing prior to quotation.  Additional charges may apply if AGATE is requested to inspect, send samples, or expedite sample processing and/or shipment after material quotation has been prepared or order received.  Range samples and photos are only a representation of material to ship.  Actual material to ship is subject to natural and typical variation for any particular product.  Any additional criteria requested by Customer relating to a special order needs to be addressed in writing prior to quotation.  No changes or cancelation of a special order are allowed under any circumstances after order has been placed.  Any quoted lead-time to process or ship is an estimate only and is not guaranteed.  AGATE is not liable for any delays in special order material processing, shipment, arrival, or otherwise.

Claims: Customer is responsible for acceptance of product condition, specification and count at time of pick up or delivery or prior to storage at AGATE (whichever occurs earlier) and/or prior to installation. Customer or the slab fabricator must inspect slabs for color, condition, and thickness prior to loading.  AGATE will assist in loading but it is the driver’s responsibility to properly secure all material.  Customer will indemnify and hold harmless AGATE from any and against all liabilities, losses, damages, penalties, claims, actions, suits, costs, expenses, and disbursements, including court costs, arising from the loading, transportation or delivery of the materials. Installation constitutes acceptance of any and all materials and no adjustments will be made after installation of the product(s). If the product is drop shipped, Customer is responsible for inspection and acceptance of the shipment (special order) at the factory or at the distribution point prior to shipping.  Ceramic tile, porcelain tile, glass tile, handmade products, including tile, grouts, caulks, colorants and natural stone are subject to variations in color, appearance, shading, texture and calibre.  Handmade products are subject to additional variations in appearance, size, finish and layout.  Natural stone materials are products of nature and no two pieces are exactly alike. Customer and installer are responsible for researching the proper installation method and materials for any products supplied by AGATE. AGATE will not be responsible for improperly installed material. All claims for damages, shortages, or price differences must be noted on the delivery receipt and reported to AGATE’s office via telephone notification within twenty-four (24) hours of receipt of the products.  Payment must be received in full for the invoice/sales receipt in which any claim pertains before the claim will be accepted for review.  An AGATE representative must first complete an investigation to determine the source of the damage/claim and whether a credit will be issued.  AGATE is not liable for loss or damage by a second party shipper.  Damage or delays resulting from second party handling must be filed directly with the company responsible for delivery.

Storage: The granting of storage to Customers of products, which are fully paid and purchased from AGATE at AGATE store locations, is at the sole discretion of AGATE and on terms determined by AGATE.  AGATE will not be liable for damages to products stored for Customer or for products that are unclaimed by Customer.  Customer must provide current contact information and provide updates to AGATE of changes to contact information.

Return Check Fees: Accounts with a returned check will be charged $100.00.  Should additional checks not clear, the account will be placed on a cash only or cashier’s check payment basis.

Force Majeure: AGATE shall not be liable for any delay in performance or non-performance on the part AGATE, directly or indirectly caused by fire, explosion, accidents, floods, labour trouble or shortage, war, act or regulation of any government, inability to obtain suitable material, equipment, fuel, power or transportation, act of God, or any contingencies, happenings or causes beyond the control of AGATE.

Arbitration: Any controversy or claim arising out of or relating to this order or the breach thereof shall be settled by arbitration in Edmonton, Alberta, in accordance with the Arbitration Rules, Procedures and Protocols of Dispute Prevention & Resolution, Inc.  Any award rendered by the arbitrator shall be conclusive and binding upon the parties and may be entered in any court having jurisdiction thereof.  The expenses of the arbitrator shall be shared equally and the arbitrator shall award to the prevailing party its costs and reasonable attorneys’ fees incurred in connection with the arbitration.

Partial Invalidity: If any condition or provision of these terms shall be held invalid or unenforceable, such condition or provision shall be fully severable and the remainder of these terms shall not be affected by such invalid or unenforceable provision and shall remain in full force and effect.

No Waiver: No failure or delay in exercising any right or remedy hereunder shall constitute a waiver of such right or remedy. The right to require performance hereunder shall not be affected by any previous waiver, forbearance or course of dealing.  This means that even if AGATE does not immediately require Customer’s strict compliance with these terms, AGATE has the right to require Customer to comply with these terms at a later time.

Changes: AGATE reserves the right to change prices, terms, and conditions at any time without notice.

Your Responsibility: YOU ARE RESPONSIBLE FOR YOUR USE OF THE PRODUCT, INCLUDING ITS PROPER AND SAFE DEPLOYMENT. INFORMATION ABOUT THE PRODUCTS, SUCH AS REPAIR INFORMATION, DATA, TIPS, INSTRUCTIONS, AND OTHER TROUBLESHOOTING MATERIALS PROVIDED THROUGH THE WEBSITE, VIDEOS, BLOG, SOCIAL MEDIA, EMAIL COMMUNICATIONS, LIVE CHAT OR OTHERWISE, ARE PROVIDED TO YOU FREE OF CHARGE (“REPAIR MATERIALS”) AND WITH NO PROMISES, REPRESENTATIONS, OR WARRANTIES.

Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Alberta, Canada. Agate Tile & Stone Inc.