December 1 2023
TERMS AND CONDITIONS OF SALE
You, the Customer, agree to the following terms and conditions, which form part of your sales agreement:
- Sales Order. Upon receipt of the order request from you, being the customer, Craft-Bilt will provide you with a sales order outlining the terms of your agreement (the “Sales Order”). All items ordered pursuant to the Sales Order shall be hereinafter referred to as the “Goods”.
- Payment Terms. You agree to pay in full the Purchase Price and provide such deposit(s) set out in the Sales Order, together with such additional deposits from time to time as may be required by Craft-Bilt, in its sole discretion, until the completion of the Sales Order. All payments owing by you pursuant to the Sales Order shall be due and payable upon notice from Craft-Bilt that the Goods are available for delivery or pick up.
- Terms of Credit. At the discretion of Craft-Bilt, additional terms of credit may be available to you. Any terms of credit may be extended at the discretion of Craft-Bilt based on a review of your credit application. Please refer to your Craft-Bilt credit application and credit approval letter for further details.
- Storage. Regardless of whether the total amount owing under the Sales Order has been paid in full, if you fail to pick up the Goods or fail to arrange delivery of the Goods within four (4) weeks of being notified that the Goods are available for delivery or pick up, then (i) risk of loss to the Goods shall pass to you; (ii) the Goods shall be deemed to have been delivered; and (iii) Craft-Bilt may, at its option, store the Goods until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, insurance and a storage fee of two percent (2%) of the Purchase Price per month).
- Termination of Sales Order and Failure to Pay. Craft-Bilt shall have the right to terminate the Sales Order if you
- fail to pay all amounts owing under the Sales Order,
- fail to arrange delivery of the Goods, or
- fail to pick up the Goods within twenty-six (26) weeks following notice that the Goods are available for delivery or pick up.
If the Sales Order is terminated as a result of the above, you acknowledge that Craft-Bilt shall have the right to retain all amounts paid to Craft-Bilt (including, but not limited to, any Deposits) as liquated damages and not as a penalty. For greater certainty, such remedy is in addition to any other remedies available under these terms and conditions or at law (which Craft-Bilt does not waive by the exercise of any rights hereunder).
- Freight Policy. Most orders are shipped F.O.B. from our factory in Ajax, Ontario. Certain distributed items may be shipped F.O.B. from the manufacturer city. If you specify a carrier your order will be shipped “collect”. Craft-Bilt may or may not enter a valuation on the Bill of Lading at its discretion unless specifically mentioned on your purchase order. Craft-Bilt is not responsible for missing or inaccurate valuation. If you do not specify a carrier or you are purchasing online Craft-Bilt will use a carrier of its choice. Online purchases may also allow you to select a service level. Your order will be shipped “prepaid” and a shipping price will be added to your order. If a cost to ship was not known or otherwise omitted from your order you will be invoiced separately at a later date. When the carrier picks up a shipment from Craft-Bilt and signs the Bill of Lading, this verifies that the shipment is complete and in good condition, and title to the material passes to the freight company. When receiving a prepaid shipment you are responsible to inspect it. If the piece count matches the delivery slip and the shipment is undamaged, sign for it, but if there is visible damage or you suspect damage note carefully the items below:
- If the damage is obvious while the shipment is still in the carriers’ vehicle take pictures before unloading.
- Unload the shipment and inspect the packages. If you suspect hidden damage due to the condition of the packaging, ask the driver to wait while you open the affected item(s). Take pictures of any damage.
- Note any damage or shortages on the delivery slip before signing it. Be specific, “subject to inspection” is not a valid description. If there is no carbon copy take a photo of the paperwork. Some carriers use an electronic signature, ask the driver how to document the damage.
- Contact Craft-Bilt at once. We will file a claim with the carrier. Replacement material will be shipped as soon as possible at our cost unless your failure to follow the steps above results in a denied claim, in which case you will be billed at prevailing prices and terms.
- You must keep any damaged material and packaging available for inspection or salvage until you are told it is OK to dispose of it.
- You may have hidden damage that was not detected at the time of receiving. Make sure to unwrap and inspect all packages within 15 days, otherwise it is assumed the damage occurred while in your possession. Take pictures.
In the case of damage with a collect shipment (where you are paying the carrier for the shipping), you will file a claim with the carrier for any damage and replacement parts can be ordered from Craft-Bilt at prevailing prices and terms. Proper receiving and documentation of any damage are your sole responsibility.
- Ordering. Supporting product information like load tables and installation guides are freely available to customers by contacting Craft-Bilt. You may be required to sign certain agreements before you can begin purchasing material or accessing certain documents or download sites. Although a Craft-Bilt representative may provide quotes or assist with your product selection based on the information you provide, you are ultimately responsible:
- That product selected meets local building codes.
- To follow Craft-Bilt installation guides, engineering drawings, and local building codes.
- For the accuracy and completeness of your order.
Your order may have insufficient quantity due to an error in the material calculation for which you are responsible as described above. Additional material will be provided at prevailing prices and terms. Your order may have excess quantity due to an error in the material calculation for which you are responsible as described above. Parts or full stock lengths sold by the “each” may be returned at Craft-Bilt’s sole discretion, see Returns. Some products are sold as kits or complete assemblies. Often extra parts are left over after the kit is installed. These parts are not refundable. Any ready date given for an order is approximate and subject to change. Craft-Bilt is not responsible in any way for order delays.
If you agree to receive an incomplete order please note that back-ordered items are not shipped prepaid unless previously arranged.
- Returns. All returns must be approved by Craft-Bilt. After authority is granted, the material must be returned within 30 days. Any material returned must be freight prepaid and be in a re-sellable condition. A restocking charge or partial credit may apply depending on the situation and the condition of the material at Craft-Bilt’s discretion. Custom made, cut to length and special order items are not returnable. No credit is issued for scratched or otherwise damaged material caused while in your possession or during its return transport.
- Billing Adjustments. Any claims for adjustments on billing must be made within 10 business days of the invoice date.
- General Information. Illustrations in our catalog, quotes, and other documents or on our web sites may not be to scale or exactly as shown. Any dimensions shown are for general reference only, contact Craft-Bilt if you require exact dimensions of an item. Craft-Bilt is not responsible for typographical errors or omissions. All prices, packaging, lengths, dimensions and specifications subject to change without notice.
- Limit of Liability. Craft-Bilt makes no claim for any of its products as to their use or fitness for a particular purpose. Under no circumstances, whether as a result of the contract, breach of warranty, tort, strict liability, or otherwise, will Craft-Bilt be liable for consequential, incidental, special, or exemplary damages. Craft-Bilt accepts no responsibility for the selection or application of materials. Refer to our warranty card for more information. Materials are provided SUPPLY ONLY.