In these Terms and Conditions, Customer means the person who accepts a quotation from the Seller for the sale of the Goods, or whose order for the Goods is accepted by the Seller. Goods mean the goods (including any installation of the goods or any parts of them), which the Seller is to supply according to these Conditions. Seller means Kootenay Interiors Ltd. Conditions means the standard terms and conditions of sale set out in this document and includes any special terms and conditions agreed in writing between the Customer and the Seller. Contract means the contract for the purchase and sale of the Goods. Writing includes facsimile transmission electronic mail and comparable means of communication.
Quotations are valid for 4 weeks. The price quoted is based on the entire project being accepted by the Customer as quoted. In the event of any change to the scope or planned implementation the Seller will need to provide a revised quotation to the Customer.
Acceptance of quotations and any change in Terms and Conditions are to be confirmed in Writing.
Approximately 4 weeks from receipt of all required materials. Products will be made to the specification detailed in the Contract.
Flame Retardant Products: Certification will be provided by the Seller at the request of the Customer.
Fitting: Where agreed fitting will be conducted by Kootenay Interiors or an Agent of Kootenay Interiors. If the site is not ready on the pre-arranged fitting date, extra charges for a revisit may be incurred.
Delivery & Fitting: Any dates quoted for delivery or fitting of Goods are approximate only and the Seller shall not be liable for any delay in delivery or fitting of the Goods howsoever caused. Time for delivery shall not be the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Customer.
Damages: If Goods received by the Customer are damaged the Customer is to call the Seller immediately at 250-353-2993 and the problem will be attended to as soon as possible (normally within 48 hours). The Customer should take a photograph of the damage and report this within 24 hours after delivery.
Payment: Payment terms will be included in the quotation. In the absence of any specific reference to payment terms in the quotation, 50% down payment for materials is required on acceptance of the quotation and payment in full is due on delivery of the goods. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 5 percentage points above Bank of Canada base rate until payment in full is made (such interest to be due on a daily basis).
Cancellation: No order placed by the Customer that has been accepted by the Seller may be cancelled by the Customer except with the agreement in writing of the Seller and on terms that the Customer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
Kootenay Interiors holds the right to cancel the supply of goods if they are unable to offer the full service required. This includes inaccurate client measurements, stock non-availability and ability to arrange date of fitting. A full refund will be given less any check measuring costs, which are non-refundable; Measurements will be supplied to client in this instance.
Cancellation will also be made if the clients’ measurements are significantly different to those provided by the Customer before check measure and the client is not in agreement to proceed.
Title of Goods: Whilst the risk in the Goods passes to the Customer on delivery to the Customer’s premises the title of Goods remains the property of the Seller until full payment has been received and cleared on all Outstanding invoices. The Seller reserves the right, at any time, to repossess any Goods for which full payment has not been received. Until title passes, the Customer will hold the Goods upon trust for the Seller, keeping the Goods separate from all other products and label them so they can at all times be identified as the property of the Seller .
Unforeseen Circumstances: The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time, as the Seller considers unreasonable, it may without liability on its part, terminate the contract or any part of it.
Goods come with a 1 Year Manufacturing Warranty along with the Fabric Suppliers Own Warranty.
The Seller shall be under no liability:
In respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer;
In respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Supplier’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller’s approval.
If the Goods have been delivered but the Seller has not received payment in full, the full price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
The Seller shall not be liable to the Customer for any defect in parts, materials or equipment not manufactured by the Seller. In such cases the Customer shall be entitled to the benefit of any such warranty or guarantee, provided by the manufacturer.
Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Customer by the reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agent or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Customer, except as expressly provided in these Conditions.
Applicable law: The laws of Canada shall govern The Contract.