TERMS AND CONDITIONS

 

CREDIT AND PAYMENTS

All Orders are 100% payment on placement of order.

 

ORDERS

Seller will enter the order for products and services upon receipt of a signed sales quote, customer purchase order, or assigned purchase order number. In the event a purchase order number is needed by the Buyer to process payment, the Seller will not enter the order without the purchase order information. All orders, additions, amendments, or changes of any manner whatsoever, subsequent to this contract, shall be now and at all times subject to the provisions, restrictions, limitations, conditions and remedies provided for in this contract, wherther or not such orders, additions, amendments or changes be evidenced by further writings.

 

CANCELLATIONS AND CHANGES

Seller’s order acknowledgment is final and binding and any subsequent cancellations or changes are subject to Seller’s ability to conform and are dependent upon manufacturer approval. Changes in quantity or specifications are subject to approval by Seller and manufactuere. Resulting additional charges from the manufacturer shall be paid by the Buyer. All cancellations and requests for changes in quantity or specification shall be delivered to the Seller in writing and will be subject to additional charges resulting from the cancellations or changes. No changes or cancellations can be made to special order or upholstered items already in production.

 

CUSTOM MANUFACTURED PRODUCTS

Custom manufcatured product orders require pament in full at the time of order placement. The Buyer acknowledges that custom product is ordered as an accommodation by Seller, and in the case of dispute, the manufacturer (fabricator of the goodsà shall have full and final authority to settle the matter with Buyer. Use of customer’s own material (COM) must be approved by the manufacturer prior to acceptance of order. 

 

DELAYS

Nieuw shall not be responsible for delays or defaults in completing the contract where occasioned by and causes of any kind and extent beyond its control, including, but not limited to shortages of labor, raw materials, product facilities or transportation, labor difficulties, civil disorders of any kind, action of civil or military authorities (including priorities and allocations), fired, floods and accidents, etc.

Provided the material does not arrive at the site earlier than the date required, safe and adequate storage space will be provided by the purchaser. If the space provided is inadequate and requires excessive sorting, transportation, or storage cost, such excess cost will be reimbursed by the purchaser. If the material must be moved due to progress of other trades or other reason, the extra cost of such moving will be reimbursed by the purchaser.

 

SAFETY & STORAGE

Purchaser agrees to furnish a safe and secure place for storage of the articles described in the within contract and of the supplies and equipment of Nieuw, and to supply without cost necessary light, heat, power, elevator service and a safe place for employees of Nieuw, to work. The job site shall be clean, clear and free of debris prior to installation. Adequate facilities for off-loading, staging, moving and handling of merchandise shall be provided. Purchaser shall assume full responsibility and liability for the safety and well being of the employees of Nieuw engaged in the delivery and installation or other work entered into pursuant to this contract. Nieuw employees shall be informed by the owner of all hazardous substances which they may come in contact with at the job site.

 

Purchaser shall be responsible for the safety and protection of all material and equipment delivered on premises and will reimburse Nieuw for any losses caused by any material or equipment being lost, stolen, destroyed, damaged or removed from premises. Any loss, destruction or theft of or damage to any of the articles described in the within contract after the same reaches the premises of the purchaser shall be borne by the purchaser notwithstanding, that title to all said articles shall remain in Nieuw, eventhough delivered to the premises of the purchaser, until the purchase price specified herein is paid in full, and, where goods, after delivery, are destroyed by fire, theft, accident or other causes, the purchaser shall remain liable for any unpaid balance under this order. Title to the subject merchandise will pass from the seller to the purchaser when the full purchase pirce and all other changes due under this agreement are paid in full.

 

INSTALLATION AND DELIVERY

Purchaser will be responsible for coordinating access to their premises. Installation and delivery are conducted during the normal business hours of 8:30 AM to 5:00 PM, Monday through Friday (exceping statutory holidays). If these services are requested for times and days other than normal, special handling or equipment is required, or in the event of moving of other products other than delivered, unacceptable job site conditions, I.e. site not clean and free of debris, inadequate lighting and electricity, unavailability of loading docks, lack of elevators of a reasonable size and/or availability, inadequate access in hall areas and stairwells, lack of secure storage areas for storage of items prior to being placed, or any unusual condition not made known to seller at the time of sale, additional labor charges will apply at prevailing rates. Upon completion of the installation, the Buyer will be required to sign for the product and/or services received. The Buyer’s signature will constitute final acceptance of the product and/or services received by the Buyer. Title and risk of loss shall pass to the Buyer upon delivery to carrier from the manufacturer. Seller shall not be liable for any delays or failures in delivery due to circumstances beyond its reasonable control. 

 

HOURS OF WORK

Work called for herein is to be performed during our regular working hours. Overtime rates will be charged for all work performed outside such hours.

 

WARRANTY

Seller makes no warranties, expressed or implied, as to any matter respecting the products or services, including without limitation any warranty regarding the merchantibility of the products or the suitability of the products for any particular purpose. This disclaimer in no way affetcs the terms of the manufacturer’s warranty. In no event shall Seller incur any liability for lost profits, or other special, incidental or consequential damages with respect to this agreement. Buyer acknowledges being so informed prior to the sale.

If any article herein described cannot be furnished, Nieuw may furnish other articles of like quality, if satisfactory to the purchaser. If such substitution cannot be agreed upon, the contract shall be credited with the price of articles not so furnished, and, further that all amounts due and owing for goods received, whether the contract be completed or not, be payable in full pursuant to terms of contract.

 

GENERAL PROVISIONS + CLAIMS AND DAMAGE

Please inspect your purchase immediately upon delivery. If there is a problem with your order, contact Nieuw at 647.889.1583 within 24 Hours of receipt. You may also contact us via e-mail at info@nieuw.ca. If you receive a damaged, defective, or incorrect item, we will work with you to make things right.

 

The customer must check that the delivered contents are in good condition before signing off from the Delivery company. If products are missing and/or damaged, the customer should inform the carrier 

immediately in order to initiate the procedure established by the carrier. All the products shipped to the customer are covered by carrier insurance.

 

If you wish to return an item, your refund will be reduced by a restocking charge equal to 30% of the purchase price and you will be responsible for outbound and return shipping and delivery charges. Returns must be received in original condition within 30 days. 

 

Please be aware that furniture is susceptible to damage during transit. We take great care to pack shipments so that they will arrive safely, so be sure to retain the original packing materials, original receipt and all merchandise tags for any item that you wish to return to us. You may have to provide supplementary packing materials if the outer carton has been worn during the original trip out to you.

We do not accept any return or exchanges on custom and special order furniture.

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