THESE TERMS AND CONDITIONS ARE TO BE READ TOGETHER WITH THE APPLICABLE QUOTE OR INVOICE (the “Invoice”) AND THE TERMS OF ANY SERVICE SELECTED BY CUSTOMER. The following terms and conditions govern the provision of services by Luxiomer Stone Gallery (“Supplier”) to Customer. By authorizing performance of the Service, Customer agrees to be bound by and accepts these terms and conditions.
1. Amendments
Customer may not alter, supplement or amend these terms and conditions under any circumstances. Any attempt by Customer to so alter, supplement or amend these terms and conditions, or to order Service that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Supplier.
2. Governing
Law This document shall be governed by and construed in accordance with the laws of Alberta and the federal laws of USA applicable hereto, and the parties hereby agree to the non exclusive jurisdiction of the courts of USA.
3. Payment Terms; Interest
Credit terms are within Supplier’s sole discretion, and unless otherwise specified in Supplier’s invoice, payment must be received by Supplier immediately upon provision of the Service. Payment for the Service will be made by credit card. Supplier may invoice parts of an order separately. Customer agrees to pay interest on all amounts past due at a rate of 2% per month (26.82% per year) calculated monthly (“Interest”), from the date of the Invoice until the date of payment or repayment, and any judgment obtained against Customer relating to the Invoice shall provide for Interest thereon, which Interest shall run and be included and payable on any such judgment, until such judgment shall be fully satisfied. Customer shall pay to Supplier all expenses incurred by Supplier, including but not limited to legal fees and disbursements on a solicitor and his own client basis, in connection with any steps or legal action taken by Supplier in consequence of unpaid Invoice.
4. Warranties and Disclaimers
(a) THE LIMITED WARRANTIES, APPLICABLE TO ANY PRODUCT/PARTS SUPPLIED BY SUPPLIER, ARE INCLUDED IN THE APPLICABLE WARRANTY STATEMENT IN THE DOCUMENTATION ACCOMPANYING THE PRODUCT/PART. SUPPLIER MAKES NO EXPRESS WARRANTIES OR CONDITIONS EXCEPT THOSE IN THE APPLICABLE WARRANTY STATEMENT. ANY SUCH WARRANTY WILL BE EFFECTIVE, AND SUPPLIER WILL BE OBLIGATED TO HONOUR ANY SUCH WARRANTY ONLY UPON SUPPLIER‘S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
(b) SUPPLIER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(c) SUPPLIER’S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS AND SERVICE CONTEMPLATED BY THESE TERMS AND CONDITIONS IS LIMITED TO REPAIR AND REPLACEMENT.
(d) SUPPLIER RESERVES THE RIGHT TO CHANGE ITS WARRANTIES AT ANY TIME, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, WITH RESPECT TO FUTURE SALES AND DELIVERIES.
5. Limitation of Liability
VENDOR DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN OR IN THE APPLICABLE WARRANTY STATEMENT. VENDOR SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM.
Customer expressly releases Supplier and waives all claims against Supplier and those for whom Supplier is, in law, responsible, including claims for death, injury, bodily harm, damage to or loss of property or income, nuisance, inconvenience, discomfort, arising from:
a) any activities and work upon, or removal of items from Customer’s premises by Supplier or its designates, as reasonably necessary to provide the Service;
b) any interruption or cessation in the supply of utilities, services or systems serving Customer’s premises; or
c) any other occurrence, cause or peril whatsoever, except and to the extent arising by wilful misconduct of Supplier or those for whom it is in law responsible.
6. Entire Agreement
The terms and conditions contained herein and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and Supplier pertaining to the subject matter hereof, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings and negotiations, whether written or oral, between the parties. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions shall govern.
7. Severability
The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.
8. Force Majeure
Supplier shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
