TERMS & CONDITIONS OF SALE
ACCEPTANCE OF A CUSTOMER’S ORDER IS CONDITIONED UPON THE ACCEPTANCE OF THESE TERMS & CONDITIONS.
Invoiced customers:
Customer’s acceptance of the invoiced goods shall be expressly conditioned on the terms in the invoice.
Payment:
Invoices must be paid in full within the terms as indicated on the invoice.
Variations of goods. Due to the nature of Seller’s goods, Customer understands that sizes may be slightly irregular, colors and texture may vary and there may be some design inconsistency.
Inspection of goods:
Buyer must inspect goods and packaging in the presence of the carrier’s representative before accepting goods. If damages are discovered during buyer’s inspection, buyer must write on the delivery of shipping record upon receipt of the damaged shipment that the goods were received damaged and return this record to the carrier’s representative. Once buyer accepts the goods, buyer is responsible for payment to Minster Interiors, despite any damages caused by carrier. Seller is not responsible for goods damaged in transit or resulting from negligent or willful actions/omissions by the carrier.
Limited implied warranty of merchantability:
MINSTER INTERIORS EXPRESSLY LIMITS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE GOODS BEING SOLD TO 30 CALENDAR DAYS FROM THE DATE OF PURCHASE.
Limited implied warranty of fitness. MINSTER INTERIORS EXPRESSLY LIMITS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE GOODS BEING SOLD TO 30 CALENDAR DAYS FROM THE DATE OF PURCHASE.
EXCEPT AS PROVIDED HEREIN, MINSTER INTERIORS’ RUGS ARE PROVIDED “AS IS.”
Intellectual property:
Minster Interiors intellectual property, specially, all trademarks and copyrights, remain the sole property of Minster Interiors. This includes, but is not limited to, copyrighted designs of rugs, whether a copyright notice is provided or not and any trade names.
Choice of forum and choice of law:
Any disputes concerning the subject matter of this Agreement shall be submitted for resolution exclusively to the court of Ontario, Canada.
Force Majeure. In the event that Minster Interiors shall be prevented from performing any of its obligations due under the terms of this Agreement by an act of God, by acts of war, riot, or civil commotion, by an act of Province, by strikes or by the occurrence of any other event beyond the control of the parties hereto, Minster Interiors shall be excused from any further performance of the obligations and undertakings set forth herein.
Attorney Fees. In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, costs and expenses incurred.
Collections. Minster Interiors may recover all reasonable costs incurred in collecting any delinquency on a Minster Interiors account, including collection agency fees, attorney’s fees and any and all other costs associated with the collection of the delinquent account.
**These Terms & Conditions may be modified from time to time by Minster Interiors without notice; or if modifications are proposed by Buyer, these Terms & Conditions may only be modified by written agreement, signed by Minster Interiors.