STANDARD TERMS AND CONDITIONS

Unless otherwise specifically agreed to in writing by the Seller, these Terms and Conditions of Sale (these “Terms”) shall apply to any and all orders placed by Buyer for any of Seller’s products or services (the “Product(s)”), whether or not such order is subject to a signed purchase order or other agreement between Buyer and Seller. “Buyer” means the individual or entity identified on Buyer’s purchase order, or if different, on Seller’s quote. “Seller” means Claste Collection or the subsidiary, division or affiliated entity of Claste Collection identified on Seller’s quote or order confirmation.

All Products are sold subject only to the warranty stipulated in section 6 hereto in accordance with the terms thereof incorporated herein. If the Buyer is not a consumer, then the Seller: (1) expressly disclaims any additional warranty, whether express or implied including, without limitation, any warranty of merchantability, fitness for a particular purpose and non-infringement; and (ii) is not liable for any incidental, special indirect, consequential or punitive damages of any character whatsoever; its aggregate and total liability for any and all claims relating to this purchase order and the Products will
be limited, in the aggregate, to direct damages and will not exceed the lesser of: (a) the amounts payable by the Purchaser hereunder; and (ii) the amount actually paid by the Purchaser to the Vendor hereunder at the time of the claim arises.

1. ACCEPTANCE

Any purchase order, which includes email order requests, submitted by Buyer to Seller shall be deemed to be an irrevocable offer by Buyer to purchase the Products described in such purchase order. Receipt of purchase order by the Seller constitutes a sale upon acceptance by the Seller. If the Buyer, for any reason, cancels or withdraws the order in whole or in part once production of the Product(s) has begun, or if it refuses to take delivery of, or refuses to allow completion of the provision of, the Products, as applicable, the Seller shall be entitled to the full purchase price for such Products, the whole subject to the provisions of the Consumer Protection Act CQLR c P-40.1 (the « Act »).

2. PRICES

The price for Products specified by Seller in a formal quote shall remain in effect for a period of thirty (30) days from the date such prices are quoted by Seller in writing. All prices and other terms are subject to correction for typographical and clerical errors. The Purchaser acknowledges that any change requested by the Purchaser regarding the Products will cause a change in the purchase price and/or delivery date Prices do not include (unless noted in writing) applicable crating, freight, insurance or installation charges. Late payments shall accrue interest at a rate of one and a half (1.5%) per month (equal to 18% per year), compounded monthly. Prices do not include federal, state or municipal sales, use, excise or similar taxes.

3. PAYMENT TERMS

Seller requires a deposit of 50% of the total purchase price for all purchase orders upon Buyer’s placement of the order. After 48 hours of Seller’s receipt of the deposit, the deposit will be
NON-REFUDABLE. If the Buyer fails to pay any deposit owing hereunder on the applicable due date, the Seller may suspend work in progress until such payment(s) is/are made, without prejudice to any other rights or recourse that the Seller may have under the Act or any other applicable legislation. Transfer of ownership shall take place upon, and delivery shall be subject to, the payment in full of all amounts owing to the Seller.

4. DELIVERY AND RISK OF LOSS

Unless otherwise agreed to in writing by Seller, Products shall be shipped FOB. The seller shall not be liable for any damages of whatsoever kind and nature in connection with the delivery of the Products, save and accept for any damages that may arise due to the Seller’s willful misconduct or gross negligence. Please examine condition of cartons before signing delivery receipts: Our products are thoroughly inspected and carefully packed before leaving our facility. Should you receive products in a damaged condition apparent or concealed claims for damage must be made against
the carrier immediately. Keep all packaging materials.

Apparent Damage: Should visual inspection upon the receipt of shipment show damage, it must be noted on the delivery receipt and signed by both you and the driver. Failure to do so will result in the carrier refusing to honor your claim. Retain all packing materials and notify carrier within immediately that you wish an inspection report made, so you can proceed to make a claim against carrier.

Concealed Damage: When damage is not apparent until the product is unpacked, then a claim for concealed damages must be made immediately. Retain all packing materials and notify carrier that you wish an inspection report made so you can proceed to make claim against carrier. Any request by Buyer for deferment on shipping must be approved by Seller in writing and any such orders may be subject to revised pricing.

5. CANCELLATIONS

Buyer must provide Seller with a written request for any cancellation. Seller will attempt to accommodate requests for cancellations but cannot guarantee stoppage of shipment for stocked product.
IF WORK HAS BEEN PERFORMED, ANY COSTS INCURRED BY SELLER WILL BE CHARGED TO THE BUYER, WHICH MAY INCLUDE A CANCELLATION CHARGE UP TO THE PRICE OF THE PRODUCT. In the event the Seller constitutes an itinerant merchant pursuant to the Act, this Agreement may be cancelled by the Purchaser upon written notice within ten (10) days following the date of the Purchaser’s receipt of a duplicate of this Agreement.

6. LIMITED WARRANTY

Products are sold with a limited warranty against manufacturer defects in materials and workmanship for a period of one year from the delivery date. Seller reserves the right to repair or replace defective Products at its sole discretion. This limited warranty does not extend to other materials supplied by the Buyer or damage caused by the Buyer’s negligence, abuse, accident, misuse or cleaning of the Product, or normal wear-and-tear. For any and all pieces that make use of bonded joints it is considered understood by buyer that seller cannot be responsible for failure of bond due to unintended use or conditions outside of seller’s control, including but not limited to excessive loading, whether accidently or intentionally placed upon the object. All pieces that use glass have been constructed with tempered glass for safety reasons but if glass is placed corner first on a hard surface or if the glass is hit whether accidently or intentionally with a hard object the glass will be compromised and the warranty voided. Claste Collection cannot be held responsible for material faults inherent in any all all materials that are the fault of the original manufacturer that lead to unforeseen failure or breakage including but not limited to unseen tension in tempered glass which in rare cases can cause unexpected failure. This warranty applies to the original Buyer only and is not transferrable. All other warranties express or implied are excluded.

7. LIMITED LIABILITY

In no event shall seller be liable for any indirect, special, incidental, consequential, exemplary, multiple or punitive damages, even if informed of the possibility of such damages, whether as the result of breach of contract, warranty, tort (including negligence), strict liability or any other theory, including without limitation labor or equipment required to remove and/or reinstall original or replacement parts, loss of time, profits or revenues, lack or loss of productivity, loss of use of the products or any associated equipment interest charges or cost of capital, cost of substitute equipment, facilities, systems, services or downtime costs, damage to or loss of property or equipment, any inconvenience, cost or damage arising out of any delay in performing, failure to perform or other breach of the warranty set forth in section 6 or obligations under such warranty, or claims of third parties against buyer, arising out of or in connection with the sale, installation, use of, inability to use, or the repair or replacement of the products sold pursuant to these terms. In no event shall seller’s total liability in respect of any and all claims of any kind whether in contract, warranty, tort (including negligence), strict liability or otherwise arising out of or in connection with, or resulting from seller’s sale, delivery, resale, repair, replacement or furnishing of any products, including performance or breach of the warranty set forth in section 6 of these terms, exceed the purchase price allocable to the good(s) that give rise to the claim, and any and all such liability shall terminate upon the expiration of the applicable warranty period for such good(s). Buyer is wholly responsible for obtaining a qualified installation professional to install the products. Seller expressly disclaims any obligation and/or liability arising from, relating to or in connection with the installation of products.

8. CONFIDENTIALITY

All pricing, drawings, plans, disclosures, specifications, patterns or technical or business information furnished at any time to Buyer by Seller shall remain the sole property of Seller. Buyer shall hold all such information in strict confidence, shall not use or divulge to any third person or entity any such confidential information, and any and all copies of such confidential information shall be returned to Seller promptly upon Seller’s request.

9. INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights (whether arising under patent, trademark, copyright laws or otherwise) to all improvements embodied in designs, tools, patterns, drawings, information and Products supplied by Seller under these Terms, and exclusive rights for the use and reproduction thereof, and all intellectual property rights arising out of the performance under these Terms shall accrue and be assigned to, and be owned by, Seller.