Terms & Conditions | Warranty & Return Policy
CONTRACT FURNITURE SOLUTIONS / ABEL INDUSTRIES (CANADA) LTD. TERMS AND CONDITIONS OF BUSINESS
Section 1.0: INTRODUCTION
1.01 The terms and conditions in this document govern the relationship between Abel Industries (Canada) Ltd. [Contract Furniture Solutions] (hereinafter referred to as “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 and conditions become effective for the Customer upon receipt of signed confirmation of an order by the Supplier. When these terms and conditions are in effect, the Supplier reserves the right to amend their provisions at any time.
Section 2.0: WARRANTY
2.01 The Supplier provides a limited two (2) year warranty valid from the date of purchase to the original purchaser with proof of purchase (original itemized sales receipt with date of purchase). Any products 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.
2.02 This limited warranty covers specific furniture for standard commercial use only.
2.03 Proper maintenance including but not limited to routine cleaning, maintenance and tightening of bolts if applicable, lubrication of mechanical parts and protection of products against severe climates and high winds is required to keep this warranty in effect.
2.04 All Warranty Claims are subject to thorough investigation by the Supplier. The Customer is responsible for providing the Supplier with detailed information including but not limited to, digital images of damage, site visits and in-person access to product against which claim is made in order to substantiate the Warranty Claim. Failure to make necessary provisions will result in dismissal of Warranty Claim.
2.05 Customer’s Own Material (C.O.M.) fabrics are not covered under this warranty.
2.06 This warranty does not cover:
Failure due to lack of routine maintenance. Standard maintenance and upkeep should be done at regular intervals.
Normal wear and tear defined as: “reasonable deterioration in the quality and performance of the product attributable to its use as commercial furniture over a two (2) year period.”
Scratches and chips resulting from normal wear and tear.
Fabric pillings appearing in upholstered products.
Breakage due to willful abuse or misuse, alternation or modification of the product.
Breakage due to negligence or accidental mishandling.
Improper assembly, installation, shipping or handling by customer.
Damage caused by acts of nature, vandalism, or fire.
Damage caused by ammonia cleaners, corrosives, and other harsh chemicals.
Glass breakage, chipping and cracking.
Flattening or compression of cushions and pads.
Failure of powder coating finishes due to abrasion, including abrasion caused by stacking the furniture or scraping against other surfaces.
Normal fading of colour caused by exposure to sun and weather.
Inadequate protection against sun and weather conditions.
Products that are sold in “as is” condition or clearance merchandise.
Minor variations in colour, texture or finishes and surface imperfections that result from the manufacturing, casting and/or finishing process.
2.07 The Supplier reserves the sole right to refuse service and to wholly or partially invalidate this warranty if it is determined that any product failure is due to cause other than defective workmanship or materials.
2.08. The Supplier will, at its sole discretion, determine the appropriate actions and time-frames to repair or replace any product that meets the above stipulations, or if not possible, will issue a refund.
2.09 In order to initiate a Warranty Claim process, contact our customer service department at [email protected]. Please include your order information and necessary details to ensure accurate processing of your Claim. Upon acceptance of a Warranty Claim, the Supplier may request a return of product(s) at its own cost. Customers are obliged to return all items in proper packaging as per Supplier’s instruction. Failure to do so may result in denial of claim.
2.10 The Supplier may discontinue any component parts such as fabric, finishes, materials etc. or product style at any time. If style has been discontinued and replacement is necessary, the Supplier will replace with any style and finish that most closely matches the warranty claimed product.
2.11 In no event shall the Supplier’s responsibility to repair a product exceed the original value of the product.
2.12 In no event shall the Supplier’s responsibility to replace a product exceed the original value of the product.
2.13 In no event shall the Supplier replace a product or components more than once.
2.14 Warranty service of any kind does not extend the warranty period. If the Supplier approves a repair or replacement, the warranty period remains unchanged starting from the original date of purchase.
2.15 Limitation of damages – The warranty terms set forth herein are exclusive and supersede all other correspondence: oral, written, expressed or implied. In no event will the Supplier be liable to the Customer for any damages, including incidental or consequential damages, arising from the use or inability to use product.
2.16 The right to make a warranty claim ceases upon the expiration of the warranty period.
2.17 The terms of this warranty are subject to change without notice.
Section 3.0: CLAIMS
3.01 The Customer is obliged to inspect the supplied products immediately after the acceptance of the products to verify that they are as ordered.
3.02 If there are any damages from shipping or incorrectly shipped product(s) the Customer is obliged to notify the Supplier, in writing, within 24 hours of acceptance of product(s) in order to file a Claim.
3.03 If there are any product defects, the Customer is obliged to notify the Supplier, in writing, within five (5) business days of acceptance of product(s) in order to file a Claim.
3.04 Claims related to Articles 3.02 and 3.03 become automatically void if the Customer fails
to submit a written claim within the stipulated time periods.
3.05 Claims related to Article 3.02 become automatically void if the Customer has agreed to undertake shipping and handling of purchased product(s).
3.06 All Claims are subject to investigation and the Supplier reserves the sole right to accept or deny any Claim. The Supplier will determine the appropriate actions and time-frames to correct the order, repair or replace any product that meets the above stipulations; or if not possible, will issue a refund.
3.07 In order to initiate a Claims process, contact our customer service department [email protected]. Please include your order information and necessary details to ensure accurate processing of your Claim. Upon acceptance of a Claim, the Supplier may request a return of product(s) at its own cost.
3.08 Customers are obliged to return all items in original packaging or in alternate proper packaging as per Supplier’s instruction. Failure to do so may result in denial of Claim.
3.09 The product(s) in question must be received by the Supplier within thirty (30) days of acceptance of a Claim.
Section 4.0: ORDER CANCELLATIONS
4.01 All custom manufactured and non-stock products are sold on a non-cancellable basis and require a non-refundable 50% deposit. When direction is provided in writing by a Customer to cancel their ongoing custom order, the deposit paid will be forfeited and manufacturing of the custom order may cease.
4.02 For stock products a cancellation fee of 15% of total cost may be applicable.
Section 5.0: SHIPPING AND HANDLING
5.01 All shipping and handling of products is conducted by third-party courier services on behalf of the Supplier. Unboxing, assembly, installation and hardware are not included under any circumstances.
5.02 For Deliveries to Multiple-Unit Addresses: The Supplier will make one attempt to deliver products only to the door of multiple-unit addresses, such as senior living facilities and apartment complexes when the specific unit or apartment number is included in the ship to address. If no unit or apartment number is specified, the Supplier will drop products off at the designated unloading area of the facility.
5.03 For Deliveries to Malls, Restaurants and Hotels: The Supplier will make one attempt to deliver products only to the designated unloading areas of the premises.
5.04 Upon delivery, responsibility of products is transferred onto the Customer. Consequent shipping and handling is the Customer’s sole obligation and undertaking. Damages resulting from improper shipping and handling by the customer will not be covered under Warranty or Claims.
5.05 All delivery dates and times provided by the Supplier are estimates only. Long distance deliveries and out of province deliveries may take longer than estimates provided. Customers must ensure availability and if necessary, arrange personnel & equipment to accept products.
5.06 Customers will not be charged for rescheduling a delivery provided that the Customer gives written notice 24 hours in advance of the initial scheduled delivery arrangements.
5.07 If the Customer requests a rescheduling of delivery of products currently enroute, a fee of 25% of original delivery cost is applicable.
5.08 If the Customer is a no-show for a scheduled delivery or is unable to receive their order and fails to provide written notice 24 hours in advance, the order will be rerouted to storage and the Customer will be charged a rescheduling fee and a storage fee.
5.09 In no event shall the Supplier take responsibility, financial or otherwise, for delays in delivery due to traffic, weather and acts of nature, vandalism or any other extenuating circumstances.
5.10 In no event will the Supplier take responsibility, financial or otherwise, for costs incurred by the Customer due to “loss-of-business” or any other means, as a result of delays in delivery.
5.11 The Supplier will bear the cost of inbound and outbound freight of Warranty replacement products within Canada and the continental United States for two (2) years from the original date of purchase.
5.12 The Supplier will bear the cost of inbound and outbound freight of Claims repair or replacement products within Canada and the continental United States for the durations stipulated under Section 3.0, Articles 3.03 and 3.04 respectively.
Section 6.0: STORAGE AND RESTOCKING
6.01 Customers must acknowledge willingness to receive their order within five (5) business days of arrival of products at the Supplier’s Warehouse. Failure to do so will result in the charge of a non-prorated storage fee of $65 per pallet per week.
6.02 All returns are subject to a 35% restocking charge.
Section 7.0: RETURNS AND REFUND
7.01 No returns will be accepted for custom manufactured products.
7.02 No returns will be accepted for products manufactured with C.O.M.
7.03 No returns will be accepted for specially processed or discontinued products.
7.04 Requests for returning stock product must be made in writing within 30 days of the invoice date. Requests for returns will not be accepted after this period has lapsed.
7.05 All returned products must be received undamaged, in salable condition and in the original packaging for refund to be processed.
7.06 Once the Supplier has assessed the returned product to be in the desired condition, the Supplier will issue a refund within 30 days. The refund will include the cost of the returned product. Taxes will be refunded in accordance with provincial laws. Credit card payment processing fees will not be refunded.
7.07 All returns are subject to 35% restocking charge. Outbound freight charges will not be refunded. Return freight charges are the responsibility of the Customer. Damages resulting from return freight will automatically void the return.