Terms & Conditions | Warranty & Return Policy

Section 1.0: INTRODUCTION

1.01. The Terms of Sale in this document govern the relationship between Abel Industries (Canada) Ltd., DBA Contract Furniture Solutions (the “Supplier”) and the Customer and they form an integral part of the contract concluded between the Supplier and the Customer.

1.02. These Terms of Sale become effective for the customer upon receipt of signed Sales Order by the supplier. These are also in effect upon any payment to the Supplier and/ or receipt of payment and/ or deposit payment.

Section 2.0: ORDER PROCESSING

2.01. Orders for stock product will not have inventory allocated or reserved until payment is received.

2.02. A non-refundable deposit is required to complete order processing for all custom orders and orders that require manufacturing.

2.03. Where the Supplier issues drawings or documents for approval, the Customer must give its approval by returning a signed copy of such drawings to the Supplier.

Section 3.0: SCOPE OF WORK

3.01. The Supplier’s scope of work shall be limited to the goods and services outlined in the Supplier’s sales order.

3.02. Images or renderings and dimensions provided by the Supplier are for reference only and may differ slightly from actual goods.

Section 4.0: SITE SERVICES

4.01. Installation, assembly and unboxing of goods are not included unless expressly noted by the Supplier on the signed Sales Order. This includes assembly of table bases, or knockdown furniture specifications. Removal of packaging and garbage is not included.

4.02. If the Sales Order includes training services for installing on site, the Supplier’s role in overseeing or instructing the Customer’s personnel is limited to providing guidance and technical advice related to the installation of furniture supplied.

Section 5.0: LEAD TIME

5.01. Estimated lead times provided by the Supplier start upon receipt of the signed Sales Order and deposit payment as noted on the Sales Order. For orders with custom items that require drawing approvals, lead times start after receipt of approved drawings. Supplier shall use its best efforts to meet the lead time and estimated delivery date provided.

5.02. Customer may suspend or extend the requested delivery for a period of up to 8 weeks from the original estimated delivery date, by providing written notice to the Supplier no later than 8 weeks prior to the original estimated delivery date.

5.03. The Supplier will not be held responsible for delays or inability to perform when these are caused by war, acts of terrorism, epidemics, embargos, strikes, fires, floods, bad weather, natural disasters, unusual transport or customs delays, acts of God or government, or other factors beyond the Supplier’s control. In such cases, the Supplier is entitled to an extension of time to complete their obligations.

Section 6.0: PAYMENTS 

6.01. Payments shall not be deemed effected until immediately available funds have been received by the Supplier in its account. Payment terms shall be expressly stated in the Sales Order.

6.02. Credit card payments with Visa or MasterCard are accepted with an additional 2% processing fee, and submission of a completed authorization form.

6.03. Customer shall notify Supplier of its objections to any invoice within 5 days of receipt, absent which the invoice shall be approved. No offset by Customer is allowed.

6.04. Any unpaid invoices for custom furniture or any furniture made to order, become due by default upon complete arrival of all such goods at the Supplier’s warehousing facility in Canada.

6.05. If payment is delayed or made in part without Supplier’s prior written consent, the unpaid balance overdue shall bear interest at 1.5% per month commencing after 30 days of the invoice due date, until payment is received in full.

Section 7.0: SHIPPING & DELIVERY

7.01. Unless the Sales Order expressly states otherwise, the order shall be shipped F.O.B. to the “Ship To” location in Canada or the United States of America.

7.02. The Supplier can make multiple deliveries and may send the goods from various locations or countries.

7.03. Unless otherwise noted by the Supplier, payment in full is required to release product for shipping or pick-up. Accounts are required to be in good standing to process shipping and deliveries. Any outstanding or overdue invoices for unrelated projects billed to the Customer, may impact release of product on other orders placed by the Customer.

7.04. All Shipping and Handling charges are calculated based on the shipping details provided by the Customer and are included as noted on the Sales Order. However, if the Customer asks to change the original number of delivery phases after confirming the Sales Order, or if the shipping information provided by the Customer is inaccurate or incomplete, the Supplier reserves the right to bill the Customer for any additional Shipping and Handling Costs that arise.

7.05. Failed delivery appointments set between the shipping carrier and the Customer, or storage at the transloading yard or other carrier facility at direction or cause of the Customer, may result in additional Shipping and Handling Costs that the Customer is responsible for.

7.06. Customers must acknowledge willingness to receive their order within five (5) business days of arrival of products at the Supplier’s Canadian warehouse. Failure to do so will result in the charge of a non-prorated storage fee calculated weekly, at reasonable rates determined by the Supplier.

7.07. All products delivered remain the property of the Supplier until payment is made in full.

Section 8.0: LOSS OR DAMAGE IN TRANSIT

8.01. If there is any loss or damage during transit, or due to the packing, crating or marking of the goods, the Customer must notify the Supplier in writing within 10 days of receiving the goods at the delivery point. If loss or damage (or missing items) is not reported within said period, the goods will be deemed to be in accordance with the Sales Order and Customer shall be bound to accept delivery and make any outstanding payment accordingly, if applicable.

8.02. To file a claim, the Customer must meet the following conditions at the time of delivery: (i) unload the Goods from the carrier’s container and inspect them as soon as possible; (ii) record detailed notes about any perceived damage on the bill of lading and take photos; and (iii) include any other relevant information regarding the cause or nature of the damage. If the Supplier accepts a claim under this clause, the Supplier’s liability is limited to replacing or repairing (at the Supplier’s discretion) the portion of the Goods proven to be missing, damaged, or lost during transit.

8.03. The Supplier disclaims any responsibility for costs incurred by the Customer unless previously agreed upon in writing. These terms also apply if the Supplier chooses to make partial deliveries. If replacement, repair, or missing Goods arise from a partial delivery, they will be provided in subsequent partial deliveries or in the final delivery, at the Supplier’s discretion.

Section 9: WARRANTIES

9.01. The Supplier provides a warranty to the Customer for goods manufactured by the Supplier, and agrees to guarantee its goods are free from defects in workmanship and materials related to manufacturing for a period of 2 years from the first delivery of such goods to site. For case goods, the warranty extends to 5 years. If any goods are found to be defective or nonconforming during the warranty period, the Supplier may choose to either repair or replace them, or issue a credit, at its discretion.

9.02. For the warranty claims to be accepted, the following conditions must be met: (i) Any product failure for which a warranty is claimed, must be reported within 30 days from the occurrence of the failure; (ii) Customer will permit Contract Furniture Solutions to inspect any damaged product(s) on site and provide supporting photographs as and when required. (iii) The Customer must disassemble, remove, and return (if applicable; upon request of Supplier) the defective goods at their own cost. (iv) Any re-installation costs are borne by the Customer.

9.03. The warranty does not cover damage or loss resulting from normal wear and tear defined as “reasonable deterioration in the quality of the product attributable to its use as commercial furniture over the warranty period”. The warranty also does not cover intentional or accidental damage, negligent mishandling, misuse, unauthorized modifications, neglect, or improper installation, among other causes not attributable to the Supplier.

9.04. For wood components, the Customer acknowledges that variations in color, grain, or texture are inherent due to the materials and are not covered by the warranty.

9.05. Any goods that are distributed by the Supplier for other vendors within North America such as FLAT or RATANA fall under the warranty policy of that original vendor or manufacturer.

9.06. Any goods upholstered with specified Customer’s Own Material (“C.O.M”) fabrics or leather are not warrantied by the Supplier. Warranty for upholstered goods does not include wear quality, colorfastness, fabric shrinkage, wrinkling, or stretching of material.

Section 10.0: CHANGE ORDERS

10.01. If the Customer wants to change the quantity, dimensions, finish, or fabric of the goods previously ordered, or to substitute them, the Supplier will inform the Customer how such a change can be implemented and what modifications to the Sales Order would be required, including adjustments to price, schedule, Shipping and Handling Costs, etc. Any agreed-upon changes will be subject to the Supplier’s administration fees.

10.02. If the Customer wishes to proceed with the proposed change, Customer must sign a document provided by the Supplier reflecting the necessary revisions to the Sales Order. The Supplier is not obligated to implement any change unless it’s specified in a written change order signed by both parties. All instructions from the Customer must be in writing.

Section 11.0: LIMITATION OF LIABILITY

11.01. The total liability of the Supplier and its subcontractors for all claims, regardless of their nature—whether in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise—is limited to an amount that equals 100% of the Contract price.

11.02. In no case will the Supplier or its subcontractors be liable for any loss of revenue or profits, missed opportunities, losses from purchases or contracts made in reliance on the performance or non-performance of the goods supplied, or for any other special, punitive, indirect, incidental, or consequential damages, regardless of whether they affect the Customer or any third party. Additionally, the Supplier will not be responsible for any loss or damage arising from the sole or contributory negligence of the Customer, its employees or agents, or any third party.

Section 12.0: CONCLUSION

12.01. If any part of these Terms of Sale are found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions. The parties will work together to agree on substitute provisions that achieve a similar economic effect.

12.02 By entering into a business arrangement with the Supplier, the Customer agrees to and accepts the Terms of Sale detailed in this document. The Customer acknowledges and agrees that the Sales Order and these Terms of Sale may be executed online with electronic signatures.

 

Thank you for choosing Contract Furniture Solutions and Abel Industries (Canada) ltd.  We appreciate your business and look forward to working together again in the future!