Terms of Sale
PLEASE READ THIS DOCUMENT THOUROUGHLY AND CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU AS THE BUYER.
1.ENTIRE AGREEMENT: When confirming an order withTribut Editions (the "Seller"), the Buyer ("Buyer") agrees to be legally bound to the fullest extent permitted by law to all of the Terms and Conditions found here within. These Terms and Conditions apply to all transactions between Seller and Buyer unless otherwise specifically agreed to in writing by both parties. All prior oral or written agreements, including but not limited to terms in Buyer's purchase order, which are different from or in addition to these Terms and Conditions of Sale are not binding on Seller unless accepted in writing by Seller's duly authorized representative.
2. DELIVERY (INDIVIDUAL): If Buyer is an individual and purchasing individual products via any web platform (e.g. ecommerce) the Seller will select the delivery courier of its choice (e.g. FedEx, DHL, UPS etc.) and will satisfy and fulfill the shipping obligation by placing the order in possession of the selected courier. All orders will be reviewed prior to courier pick-up and analyzed by the Seller's quality control department, to ensure safe delivery. Buyer is not obligated to use Seller's shipping methods or courier of choice. Buyer has the option of arranging for their own transportation or goods can be picked up n person at one of Seller's distribution and storage locations. If Buyer elects to pick-up products, they will assume all responsibility for the goods from the time of pickup. Insurance of the freight in this case will also be buyer's sole responsibility.
3.DELIVERY (GENERAL CONTRACTOR, BUILDER, REAL ESTATE DEVELOPER):If Buyer is a General Contractor, Builder, or Real Estate Developer and purchasing multiple products for multi-family residential commercial, and/or hospitality projects all orders are shipped F.O.B. final destination (e.g. construction site, warehouse or location specified by Buyer). Risk of loss will transfer to Buyer upon delivery and arrival of goods to Buyer's confirmed final destination and prior to off-loading of goods.
3.1 DELIVERY LEAD TIMES (MULTI-FAMILY RESIDENTIAL, COMMERCIAL AND HOSPITALITY PROJECTS):
Upon order confirmation (e.g. full payment) the following standard delivery lead times for products will be acknowledged and accepted as follows;
In Stock products delivered within Canada and the United Stated (a) Pierre Jeanneret Chandigarh Collection – two (2) to four (4) weeks.
Out of Stock Products delivered within Canada and the United Stated (a) Pierre Jeanneret Chandigarh Collection – six (6) to eight (8) weeks.
Upholstered Products delivered within Canada and the United Stated (a) Pierre Jeanneret Chandigarh Collection – eight (8) to ten (10) weeks.
Deliveries to Europe and other international locations will be determined at time of order confirmation.
3.2 DELIVERY ADDRESS: Seller shall deliver products to the shipping address provided and confirmed by Buyer at the time of purchase. Delivery address will be indicated on the final purchase invoice. If Buyer changes the final delivery address after order confirmation, the Buyer shall absorb and pay any additional shipping fees associated with the address change. If Buyer causes a delay, requests to reschedule a confirmed shipment, or causes Seller to erroneously deliver a shipment as a direct result of inaccurate, incomplete, or misleading information supplied by Buyer, Buyer's agents or employees, all storage fees, demurrage, and other additional costs and risk will be borne by Buyer.
4. CANCELLATION:Buyer may not cancel, change or modify a confirmed order without the written consent of Seller. Seller will make every effort to accommodate cancellation requests; however, Seller is no way obligated to approve any cancellation requests.
5. PRICE:Contingent on purchase location, country and region, sales may be paid for and completed in U.S. Dollar (USD/$), EURO (EU / €) or Canadian Dollar (CAD/$). All prices are subject to change unless otherwise noted by Seller. Prices may change at any time prior to the acceptance and execution of payment from the Buyer.
5.1 LOCAL DUTIES AND CUSTOM CLEARANCE: U.S. and International shipments will be subject to additional duties, local taxes and brokerage fees. Tribut Editions pricing does not include additional international duties, local taxes and brokerage fees, and will be the responsibility of the Buyer at the time of receipt. Duties, Taxes, and Brokerage Fees will need to be settled between Buyer, their local governments, and the carrier. If the Buyer refuses to cover the duties and taxes, then their products will be returned back to Tribut Editions. A refund will then be issued to the Buyer, less all shipping charges (original delivery and return), storage fees, handling, restocking fees and any additional fees billed to Tribut Editions by the carrier.
6. PAYMENT CURRENCY:Purchases completed and delivered in the United States shall be paid and executed in U.S. Dollars (USD/$). Purchases completed and delivered in Canada shall be paid and executed in Canadian Dollars (CAD/$). Purchases completed and delivered in the European Union and Africa shall be paid and executed in Euro (€).
7.SALES AND USE TAX: All local,state and/or provincial sales and use taxes, are additional to quoted prices. The amount of any sales and use tax, excise or other taxes, if any, applicable to the goods shall be added to the purchase price. For purchases made in the United States sales and use tax shall be paid by Buyer directly to their local State Board of Equalization (U.) or Revenue Agency (Canada). If Seller collects local state and/or provincial sales tax and Buyer is invoiced accordingly, Buyer shall not be responsible to remit and pay local state sales and use tax.
8. PAYMENT TERMS(INDIVIDUAL): If Buyer is an individual purchasing individual products via any web platform (e.g. ecommerce), payment for goods and products shall be received in full prior to order fulfillment.
9. IMMEDIATE INSPECTION, DAMAGEAND ACCEPTANCE (FREIGHT DAMAGE):Immediately upon receiving products the Buyer shall inspect the products for potential freight damage. Any claims for freight damage visible or hidden, must be made immediately within 72 hours in order for the carrier to assume full responsibility and absorb any associated costs. Buyer will be deemed to have accepted the goods in good condition from the carrier and will have no right to reject the goods or to revoke acceptance after this 72-hour window. Buyer will take photos of packaging and product to immediately memorialize any potential freight damage; photos must be included with any claims, within 72 hours of delivery. All claims can be submitted via email to support@tributeditions.com, with the “DAMAGED GOODS” in the subject line. If Buyer does not include photo representation of freight damage buyer will be deemed to have accepted the goods in good condition from the carrier and will have no right to reject the goods or to revoke acceptance. Buyer and Seller acknowledge that damaged packaging does not always represent damaged products.
10.PRODUCT DEFECT:If product defect is discovered at time of installation DO NOT USE THE Buyer will take photos of the product and immediately memorialize any potential product defect within 72 hours; photos must be included with any claims. Any claimed damage or defect to the finish or functionality of the product after the product has been installed or used will be excluded from any manufacturer warranty. All claims will be submitted via email to support@tributeditions.com with the words “PRODUCT DEFECT” in the subject line.
11.WARRANTY:Tribut Editions warranties the frames of its solid wood furniture and upholstered furniture for 2 years from the date of manufacture. Seller (at its sole discretion) will replace any product or part of the product that proves defective because of improper workmanship and/or material, when the product has been used in normal use conditions with proper installation, service, and maintenance. If Seller is unable to provide a replacement product, Seller may elect to refund the purchase price in exchange for the return of the product
11.1 WARRANTY EXCLUSIONS: Seller disclaims all other express or implied warranties and does not accept liability beyond the remedies set forth herein. Seller makes no representation, warranty, or promise that the products or services will conform to any applicable laws, ordinances, regulations, codes or standards.
12. INDEMNIFICATION: Each party (“Indemnitor”) shall indemnify and hold harmless the other party and its employees, officers, directors, and agents (each an “Indemnitee”) from any suit, cause of action, judgment or claim (“Claim”) for damages to property or bodily injury, loss of life, infringement, liability of any nature, costs, or expenses, including reasonable attorney fees (“Damages”) to the extent caused directly by the negligent act or omission or intentional misconduct of the Indemnitor. Indemnification shall not apply to Damages proximately caused by the negligence of the Indemnitee.
13. LIMITATION OF LIABILITY: EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 12 ABOVE (i) IN NO EVENT WILL THE SELLER OR BUYER BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES INCLUDING LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) WITHOUT LIMITING THE PREVIOUS SENTENCE, IN NO EVENT WILL THE SELLER OR BUYER’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY BUYER TO SELLER PURSUANT TO THEIR PURCHASE.
14. INSURANCE: Seller shall maintain all insurance as required by law and shall not allow such coverage to lapse.
15. SEVERABILITY: These Terms and Conditions of Sale will be construed as if prepared jointly by the parties hereto and any uncertainty or ambiguity will not be interpreted against any one party. If any provision contained in these Terms and Conditions of Sale is held to be unenforceable then such provision will be given effect in such reduced form as may be decided by a court of competent jurisdiction, provided that, if any provision should be declared unenforceable or invalid for any reason, such unenforceable or invalid provision will be severed from the remainder of these Terms and Conditions of Sale without affecting the enforceability or validity of the remaining provisions.
16.NON-WAIVER: The failure of either Seller or Buyer to insist upon the strict performance of any of these Terms and Conditions of Sale will not be deemed to be a waiver of any of the right or remedies of Seller or Buyer, nor of its right to insist upon strict performance of such term or of any other term in the future. No waiver of any of these Terms and Conditions of Sale will be valid unless in writing signed by a duly authorized representative of the waiving party.
17.DISPUTE RESOLUTION: The parties shall attempt in good faith to resolve promptly any dispute arising out of or relating to these Terms and Conditions of Sale by negotiation between executives who have authority to settle the dispute. The executives must be at a higher level of management than the persons with direct responsibility for administration of these Terms and Conditions of Sale. If a dispute cannot be resolved by negotiation, then either party may bring a legal action in accordance with Section 21 of these Terms and Conditions of Sale.
18. GOVERNING LAW: All disputes related to or arising out of Buyer's order are governed bythelaws of Quebec. All legal proceedings in relation to or arising out of Buyer's order shall be taken before the Judicial District of Montreal, Province of Quebec, and any right to object to such venue or to assert the inconvenience of such forum is waived. The United Nations Convention on Contracts for the International Sale of Goods, and any successor thereto, shall not apply.
Your use of the site (www.tibuteditions.com) and/or executing an order for products and services with Tribute Editions and/or its subsidiaries constitute acceptance of the terms of this agreement.
