SALES TERMS AND CONDITIONS
Terms and Conditions of Sale
These terms and conditions of sale (the “Terms”) govern the sale of products and services by Hilltop Surfaces (“Hilltop”). By placing an order with Hilltop, you agree to be bound by these Terms.
Orders and acceptance:
All orders are subject to acceptance by us. Orders may not be canceled or modified without our prior consent in writing. Special orders cannot be cancelled, exchanged or returned.
Pricing and Payment:
Prices are subject to change without notice, and Hilltop may require a deposit or prepayment at its sole discretion. Unless otherwise agreed in writing, our payment terms have been previously agreed upon and payment is due upon receipt of the invoice. The Purchaser agrees to pay all costs of collection, including any legal fees and disbursements incurred by Hilltop’s lawyers on a full indemnity basis, and any other costs related to any legal action undertaken as a result of non-payment by the Purchaser. A 1.5% monthly finance charge (18% annually) will be added to past due accounts.
Prices are Free On Board (“FOB”) our warehouse exclusive of applicable taxes and duties, all such taxes and duties are to be covered by the Purchaser.
Shipping, Delivery and Title:
1. Delivery terms are FOB our warehouse.
2. Delivery dates are estimated only and are not guaranteed. Hilltop is not liable for any delays in shipping or delivery caused by factors beyond its control. Risk of loss or damage to the products passes to the Purchaser upon delivery of the products to their choice of carrier. Where Hilltop offers deliveries, a delivery charge will be applied and payable by the Purchaser. Delivery/Shipping charges may vary based on the delivery/shipping location and volume of the purchase.
3. Hilltop shall remain the legal owner of all merchandise. No legal title to the merchandise shall pass to Purchaser until payment has been made in full pursuant to these Terms.
Returns, Refunds and Exchange:
At Hilltop, we pride ourselves on offering high-quality products and exceptional Purchaser service. We want you to be completely satisfied with your purchase, and we will do everything we can to make sure you are; however, if you are not completely satisfied with your purchase, we will offer the Purchaser either replacement or store credit, in our sole discretion, in accordance with the policy below.
Our sales and return policy is designed to provide you with a fair and straightforward experience. Please review the following terms and conditions carefully before making your purchase. We reserve the right not to accept any returns or exchanges.
1. We offer a wide range of Natural and Engineered surfaces in a variety of colors, patterns, and sizes. Our products are carefully selected and inspected to ensure they meet our high standards of quality.
2. To qualify for a return, all products must be returned in their unopened and undamaged original state, with proof of purchase. We reserve the right to refuse returns of products that are damaged, cut or installed.
3. Natural stone or engineered stone slabs are not eligible for return.
4. Some products, including but not limited to special orders, clearance products or the products/invoice marked as final sale are non-returnable.
5. Depending on the nature of the product, on a qualified return or exchange, a restocking fee ranging between 25%-45% will be applied. Additionally, pickup charges may apply.
6. Shipping, Freight and other charges are non-refundable.
Claims, Warranty and Limitation of Liability:
1. Slabs are eligible for pre-shipment inspection at Hilltop warehouse by Purchaser, we reserve the right not to deliver the stone slabs before pre-shipment inspection at Hilltop warehouse. In the event of Hilltop is delivering the slabs from Hilltop’s own truck, the Purchaser must inspect the products, including stone or engineered slabs, at the time of delivery, before the Purchaser signs the packing list and acknowledges that the products have been received in good condition.
2. The Purchaser is responsible for inspection of material before the start of fabricating the material. It is the Purchaser’s responsibility to determine if the product is free from defects and is suited for their particular installation. Additionally, it is Purchaser’s responsibility to inspect the products while taking delivery and to ensure the products are defect-free before they cut the products. THE PURCHASER SHOULD NOT CUT, INSTALL, ALTER IN ANY WAY, OR FORM, if the Purchaser suspects the products have any kind of defect. Once the Purchaser or the Purchaser’s contractor cuts, installs, or alters the product, Hilltop has no further responsibility for the product. For greater certainty, Hilltop will not pay any labour costs for repairing or replacing products that have been cut, installed or altered in any way. It is the Purchaser’s responsibility to ensure before cutting that the products are satisfactory in every respect to the Purchaser.
3. Hilltop extends no warranties to the Purchaser beyond manufacturer’s warranty.
4. In no event will Hilltop be liable for any indirect, incidental, special, or consequential damages, including lost profits, arising out of or in connection with the products or the use or inability to use the products.
Forms Of Payment:
1. The only forms of acceptable payment are: EFT/ACH, Interac e-transfer, Swift Wires
2. Cheques or Credit cards (Visa, Master): Only Where B2B credit terms have been established and are in good standing.
3. Returned Cheque Charges and Replacement: In the event that a cheque presented to us is returned unpaid for any reason, a Returned Cheque charge of $75.00 will be applied to your account. You will be notified of any Returned Cheque charges that are applied to your account. Additionally, you will be required to replace the value of the returned cheque and returned cheque charges with a certified cheque or bank draft or wire immediately upon notification of the returned status. Failure to do so may result in further restrictions on your account.
Deposits, Holding and Storage:
1. Hilltop may store merchandise free of charge up to 20-days for their Purchasers where B2B credit terms have been established and in good standing or with a 100% deposit on the merchandise, depending on the nature of the product, they can be exchanged, a minimum of 25% restocking charges will apply. Special orders/ clearance merchandise cannot be exchanged.
2. Purchaser is responsible for the cost of storage after 20 days from the sale created date if the product is not picked or arranged to be shipped. After 20-days from the sale created date, storage fees of $125.00 per slab per month will be incurred. B2B Purchasers with established terms must pay in accordance with credit terms.
3. If the slabs are not picked or arranged to be shipped within 50 days from the sale creation date it will be considered abandoned, and the Hilltop will have the right to dispose of it in any manner deemed appropriate. There will be no reimbursement of monies or return of merchandise for any orders that have been deemed abandoned. This remains the sole and absolute discretion of Hilltop.
4. Hilltop is not responsible for any damages to the stone slab that may occur while it is being held at the warehouse.
5. Orders for which payment is not received in accordance with payment terms will be deemed abandoned after 14 days and shall become the sole and exclusive property of Hilltop. There will be no reimbursement of monies or return of merchandise for any orders that have been deemed abandoned. This remains the sole and absolute discretion of Hilltop.
GOVERNING LAW: The Purchaser acknowledges that these Terms and any purchase contract between Hilltop and the Purchaser shall be governed by, interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Furthermore, the Purchaser irrevocably submits to the exclusive jurisdiction of the Ontario Superior Court of Justice in Brampton, Ontario with respect to any claim or any dispute arising from any rights or obligations provided for in these Terms and any purchase contract entered into between the Purchaser and Hilltop. The Purchaser hereby waives any right to transfer or change the venue of litigation filed in such courts. All transactions and contracts between the Purchaser and Hilltop shall be deemed to have been effected through our Head Office in Mississauga, Ontario.