Terms & Conditions

StoneLite Designs Ltd., an Edmonton corporation with its home office 24519 TWP 510, Leduc County, AB T4X 0T4 Canada (“Seller”). Seller can also be defined as StoneLite Design Ltd. and “Buyer” whose name and address appear on the attached quote agree as of the day the deposit is received, as follows:

1. The Seller and Buyer mutually agree that the Seller will sell, and the Buyer will
purchase the product, as specified on www.stoneliteproducts.ca, in exchange for the agreed purchase price.
2. Simultaneously, the Buyer agrees to and completes the full payment to the Seller before the shipment of the order.
3. Both the Buyer and Seller acknowledge that this contract and its associated rights cannot be assigned, either wholly or partially, to any other party.
4. Any changes or modifications to this contract must be made in writing and signed by both parties. No verbal or external statements shall be deemed to alter the terms of this agreement.
5. This contract shall be interpreted in accordance with the laws of the Province of
Alberta.
6. This contract may be executed in multiple copies, and a facsimile copy shall be
considered as valid as an original document with a physical signature.

Warranty

Seller warrants to the original Purchaser only that the products described on the
accompanying quote or purchase order (“Products”) are free of defects in Workmanship during the Warranty Period set forth below and subject to the exclusions provided herein.

THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

The Buyer hereby waives all statutory warranties and all warranties implied by law in connection with the sale of the products described in the attached quote or purchase order herein. The Buyer agrees that the only warranties made by and binding upon StoneLite Design Ltd. (“Seller”) are that the Seller warrants its goods for a duration of one month (30 days) from the date of purchase against any defects in workmanship. (The date of purchase refers to the date when the products of the Seller were purchased by the Buyer.) Any damages arising from any defect are limited to the repair or replacement of the defective or nonconforming goods and shall not exceed the original purchase price of the
defective or nonconforming product.

Exclusions

Seller in no manner warrants the fitness of goods sold under this contract for any particular purpose for which the buyer intends to use them. Seller makes no warranty that goods sold under this contract shall be merchantable. There are no warranties of fitness for a particular purpose that extend beyond the description of decorative panel or if another product described on the face of the quotation. Except as expressly set forth above, all goods sold under this contract are sold “as is” and “with all faults”. Buyer assumes all risks associated with the goods and the use thereof. This warranty does not cover damage resulting from normal wear and tear on the product or improper maintenance, installation or specification, accident or abuse or failure of a third-party’s product. Also, due to the
nature of custom jobs, this limited warranty does not apply to any product that has been designed and manufactured based on custom specifications supplied by a customer or its agents. Variations in dye lots, gauges and textures, which may vary slightly between the samples provided and the Product actually delivered, are not warranted and no warranty is provided for such variations. Scratches and other flaws that may occur during third party fabrication/installation as well as naturally occurring discoloration or variation are not covered by any warranty. The warranty does not cover damages caused by spills, negligence, covered by any misuse, water, sand or other extreme environmental conditions. This warranty does not cover damages arising from the modification of the Products by Purchaser. Custom fabrication provided by Seller is not covered under this
warranty for the following: irregularities in gauges, texture, edge finish seaming or surface variation caused by molding or heat draping.

Claims

Upon delivery, it is imperative for the buyer to promptly inspect the goods by opening the package, crate, or pallet before signing the bill of lading. This step must be taken regardless of any apparent external damage to the crating material. It is possible for "hidden" damage to occur as a result of improper stacking and mishandling during the shipping process. Such damage, known as "Freight Damage," falls outside the responsibility of the seller. In the event that damage is discovered, the buyer must acknowledge it by signing for the freight as damaged, and the driver must also acknowledge this. Alternatively, the buyer may refuse acceptance of the freight if it is damaged. It is the buyer's responsibility to initiate any necessary freight claims resulting from this process. Once the goods have been shipped from the seller's production facility, the seller bears no liability.

If any Product fails to meet the requirements of this limited warranty within 15 days from the date of purchase by the original Purchaser, the Seller will, upon receiving prompt written notice, take the necessary action at its own expense. This may include repairing or replacing the affected part or parts, or providing a credit. To initiate a claim for a Product that does not conform to this limited warranty during the Warranty Period, the Purchaser should contact StoneLite Design Ltd. It is important to note that the Seller will not accept any claims for adjustment or requests for return or credit on any Product after the Warranty
Period has expired. Additionally, no credit, claim, or adjustment will be permitted for a Product that has been cut or processed unless prior written authorization has been obtained from the Seller. The Seller will only accept returned Products and approve credit or claims after conducting an inspection and assigning a returned goods order number. The Seller reserves the right to specify the transportation method and courier for returned Products. Please be aware that all returned products are subject to a 15% restocking and repackaging fee.

Back Orders

All outstanding orders will be promptly fulfilled unless otherwise directed. Backorders older than 90 days will be automatically canceled unless alternative arrangements have been specified.

Seller’s Liability

The Seller shall not be held liable for potential profits or any special, indirect, or
consequential damages. Furthermore, the recovery against the Seller shall not exceed the purchase price of the specific Product that was sold and allegedly caused the damage. The Buyer acknowledges and assumes all risks and liabilities associated with the use or possession of any Product sold, including its combination with other substances, and accepts responsibility for any loss, damage, or injury to themselves or others. In the event that a product is eligible for repair or replacement under the Seller's Warranty and is accepted by the Seller, the Seller's liability shall be limited to the repair or replacement of
the product itself, at the Seller's sole discretion. The costs for labor, materials, removal, installation, modification, alteration, site preparation, or repair related to the product installation are not covered by any warranty provided by the Seller. Unless a separate, signed document executed by both the Seller and the Buyer modifies the warranty limitations herein, these terms of sale shall be exclusively applicable to the Buyer's purchase of Seller's products.

End Use

Final determination of the suitability of the Product for the use contemplated by Buyer, is the sole responsibility of Buyer, and Seller shall in no way be responsible for the suitability of the Product for any particular end use.

Prices

Unless otherwise stated herein, all prices specified on the StoneLite Design Ltd. website www.stoneliteproducts.com are deemed valid for orders placed for specified quantities by the indicated date and for shipment within six weeks of purchase.

Deliveries

The Buyer is required to provide the Seller with complete information regarding product descriptions, shipping, and delivery dates and locations. All product shipments under this order must be completed within six weeks from the date of acknowledgment, unless otherwise agreed upon in writing.

Force Majeure

Seller shall not be liable in damage for, nor deemed to be in default by reason of any failure to deliver or delay in delivery due to any cause beyond its reasonable control. This is to be interpreted to be inclusive of, but not limited to delays incurred by fire, the elements, war, lobar difficulties, interruptions or shortage of transportation facilities, inability to obtain supplies or for any cause interfering with its production facilities or those of its sources of supply.

Controls

Each order is subject to all current and future government laws, orders, regulations, or restrictions that may affect or limit the supply, production, or delivery of the Products. In the event of any such circumstances, the Seller will make every effort to allocate deliveries fairly among customers. However, the Seller reserves the right to ultimately determine the deliveries to be made at its discretion, without assuming any liability.

Taxes

Any future increases or newly imposed taxes, excises, or government charges on the production, sale, or transportation of the Product will be the responsibility of the Seller and will be included in the price paid by the Buyer. Please note that once sales tax is paid, it cannot be refunded under any circumstances.

Freight

The buyer is accountable for all freight expenses. The party that covers the freight costs is also responsible for filing any claims in the event of damaged goods upon delivery. It is crucial to promptly inspect all orders for any signs of damage upon receipt. If any damage is detected, it must be documented on the bill of lading.

Modifications

These terms and conditions serve as the complete agreement for the Product. Seller will only be bound by any modifications, limitations, waivers, cancellations, or discharges of this contract or its terms if they are in writing and signed by an authorized employee at Seller's headquarters. Any changes to this contract will not impact Buyer's existing liabilities to Seller.

Miscellaneous

All rights and remedies of Buyer and Seller under this contract are in addition to Seller’s other rights and remedies and are cumulative, not alternative.

Prices

Please note that prices listed on our website, www.stoneliteproduct.ca, are subject to change without prior notice. The prices will be as determined by us or, in the absence of a specified or quoted price, our prevailing price at the time of delivery. Price adjustments may apply based on specifications, quantities, shipping arrangements, or other terms and conditions not included in our initial quotation.