Purchase Terms & Conditions
Thank you for purchasing your products from us. Our business model is based on the procurement of special order and custom products by us for you and your needs. We represents over 30 brands/companies and we provide access to the entire product offering from each of the suppliers we represent. So, unlike a retail store, we do not stock merchandise and our model enables us to curate products that are perfect for each specific project.
Please read and review all the details of this Agreement as it becomes the terms and conditions of sale for goods being purchased from us by you. This Agreement is legally binding. Corey Klassen Interior Design recommends you retain a copy of these terms (and it’s inclusive invoices) for your records. This Agreement may change without notice.
- “Client” means you, if you are procuring goods and services on behalf of a company, entity, or organization, the entity, partnership or organization on whose behalf you are utilizing the Services.
- “Designer” means us, or any authorized agent offering goods or services to you for procurement on behalf of Corey Klassen Interior Design.
- “Party” means either Client or Us and “Parties” means both Client and Us.
- “Custom Product” means a non-standard, non-stocked, modified or other made-to-order goods. These include, but may not be limited to, cabinetry, countertops, custom-made upholstered furniture, custom drapery or workroom orders, or any other product that is outside our suppliers and manufacturers standard product offering.
- “Standard Product” means any standard supplier goods procured for you without customizations.
- “Special Order” means all Standard and Custom Product that is purchased from the Designer.
- “Approval” means that you have accepted the Product, Estimate and Proposal, or Contract in your Studio using your own log-in.
- "Incidental and Consequential Damages" are defined as any additional expense involved in removing, shipping, installing, and administering any such warranty items and/or products by the Designer. These items will be billed to you at an additional charge.
(2) Terms & Conditions
- Estimates & Proposals. All prices are based upon the known costs at the time the Estimate & Proposal was prepared and include duty and brokerage and are provided in Canadian currency. Estimates are valid for a period of fourteen (14) days or as stated on the estimate. Following the Estimate period, all prices are subject to change without notice.
- Purchase of Goods. We agree to supply Products that you approved in our Products List (the “Products”) and/or coordinating Design Drawings (the “Drawings). The Drawings and Products require your digital acceptance in order to proceed with an itemized invoice showing applicable tax(es).
- Payments & Schedule. Payments for Products are required prior to ordering. Payment terms are outlined below:
- For Custom Products, an initial payment of seventy-five (75.00%) payment of the total invoice is required at the time of order. A final payment of twenty-five (25%) is required when the custom products are ready to ship to you.
- All other purchases require full-payment of one-hundred (100.00%) on the date of invoice.
- All Payments made to the Designer by you are non-refundable and non-transferable.
- Payments made by cheque, bank draft, or money order may receive a two (2.00%) percent discount applied to the final invoice. Credit card payments are excluded from this discount.
- Payments made by bank wire transfers are subject to a $25.00 banking administration charge. Returned payments are subject to a $50.00 banking administration charge.
- The Designer does not accept third-party payments.
- Changes. You may not change the drawings, plans, specifications, or Standard and Custom Products specified unless agreed to by the Designer in writing. The Designer is not required to accept any such change to this Agreement. Should you request any changes or extra work, the Designer shall determine the cost thereof and such work will only be included as part of this Agreement pursuant to a written Change Order to this Agreement signed by both parties. You agree pay in advance to us the total cost of each change order, which amounts are non-refundable to you.
- Available Date & Lead time. The available date is the date that the Products ordered are ready for shipping to you. This is not the delivery date. As we deal with hundreds of suppliers and vendors, the average lead times for Products are outlined below:
- Standard Products are typically stocked merchandise and available with approximately four (4) to six (6) weeks. Custom Products are typically manufactured by our workroom or factory within six (6) to twelve (12) weeks. The Designer will advise you with an Open Order Report added to your Deliverables with the approximate delivery date within five (5) business days upon receiving the required payment
- If merchandise is on backorder, the Designer will advise of this within 3 business days upon receiving a order.
- Production for upholstered furniture is stated on the invoice and that time frame starts when the workroom receives all the fabrics. As a result, there may be delays we are unable to anticipate in coordinating the finished custom order and, more specifically, the Designer is not responsible for late delivery due to delays on receipt of fabrics to our workroom.
- Delivery. Delivery of the Products will be supplied by the Designer and is limited to the quantity of trips specified on your invoice. Additional details about your delivery are as outlined below:
- The Designer will provide you with an estimated delivery date within five (5) business days upon receiving the payment. You understand that dates, when provided, are to be deemed approximate and we are not to be liable for causes as specified in Section 4 below. In the event that a delay does occur, the Designer will provide you with timely written notice along with the new anticipated delivery date.
- Delivery of Products will not be scheduled until required payment(s) have been received in-full.
- You agree to provide us with reasonable site access for delivery of the Products. If the project site and work areas are not available for delivery, you agree to provide an available storage location for the Products that is safe and secure and submit to us additional fees for return trips to deliver the Products to the project site.
- All work areas, aisles, and pathways will be clearly lighted and clear of debris or obstacles with a minimum clearance of 36” wide and 86” high. Decorative hanging or wall-mount light fixtures will be removed or adequately protected to prevent damage. If padding or protection is required for passageways or elevators, and these will also be provided by you. We are not liable for damage fixtures, wall surfaces, flooring, or furniture that is not adequately protected.
- Parking and/or an appropriate loading zone will be provided by you and booked in advance. Please accommodate for 1 vehicle parking for the Designer, and 1 large cube-style truck clearance for the Product delivery.
- You are not charged for additional deliveries as a result of return trips that, if through no fault of your own, are a result of our manufacturers or suppliers error or omission.
- Title of Products. The title to the Products sold pursuant to this Agreement shall not pass to you until the full price as set forth in this Agreement is paid to the Designer.
- Cabinet Installation. Installation of Custom Cabinetry is not included in your purchase from the Designer. Cabinetry installation is to be performed by a pre-qualified millwork installer in accordance with standards established by the National Kitchen & Bath Association. The cabinet installer shall provide you with a fair price for the work and include return-trips for completion of work within a thirty (30) day period. All agreements for cabinet installation are to be reviewed and approved by the Designer, furnished with copies of their Worksafe BC coverage and required insurances, and include a minimum two-year installation warranty for defects in workmanship. Additional Cabinet Installation terms and conditions are as follows:
- The Designer will provide one (1) review meeting with a qualified cabinet installer prior to the commencement of any installation work. NO WORK SHALL BEGIN UNTIL THIS MEETING HAS BEEN COMPLETED TO THE DESIGNERS SATISFACTION.
- During cabinet installation, the Designer will provide up to four (4) cabinet installation visits included with your Purchase to monitor the progress of the work.
- During the Designers’ visits, they will generate a Punch List of work and/or parts and pieces that are required to complete the cabinet installation.
- Replacement products to be ordered under the Emergency Program (or “EP”) require a minimum of three (3) weeks for manufacturing and delivery. EP orders as a result of another parties error or omission are to be paid by you directly to the Designer, and be inclusive of delivery and applicable taxes, as outlined in a detailed invoice. Please allow for an additional payment processing delay for all EP orders purchased by you.
- Assembly or Installation. Standard or Custom Products requiring any assembly or installation shall be provided to you as outlined on your invoice, unless otherwise agreed to by the Designer in writing. The assembly and installation will be monitored, or at times may be performed, by the Designer.
- Inspection of Products. The inspection of all Products will be verified and inspected by the Designer on the date of delivery at the delivery location unless otherwise agreed to by the Designer in writing. During this inspection, the Designer will unwrap and inspect all Products (excluding Cabinetry and Countertops) for quality assurance. Cabinetry and Countertop Custom Products will be inspected for quality assurance during cabinet installation performed by others and any and all manufacturing deficiencies will be managed and maintained by the Designer.
- Warranty. Upon delivery of the Standard and Custom Products specified and payment in-full by you, we shall deliver and assign to you without recourse, all manufacturers, installers, and suppliers warranties, if any, covering such material. ALL ARTICLES SUPPLIED BY US BUT MANUFACTURED BY OTHERS SHALL NOT BE COVERED BY THIS WARRANTY OTHER THAN TO THE EXTENT OF THE WARRANTY GIVEN BY SUCH MANUFACTURER OR HIS DISTRIBUTOR FROM WHOM WE OBTAINED THE PRODUCT. YOU MUST FOLLOW THE WARRANTY POLICIES GIVEN BY SUCH MANUFACTURER OR DISTRIBUTOR FOR WARRANTY CLAIMS AND SERVICE. OTHER THAN AS STATED HEREIN, ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. WE DISCLAIM ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- You agree to immediately notify us of any and all Warranty Claim(s) for the Standard and Custom Products specified. Failure to do so may nullify any and all manufacturers warranty covering such goods.
- Service calls to adjust moving components, such as doors and drawers on cabinets, which may require attention from time to time, are not a valid Warranty Claim. These items can be adjusted by you. If requested, we will book a Service Call for you at an additional charge. Please ask the Designer for details.
(4) Limitation of Liability
- Unforeseen Circumstances. The Designer will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond our control.
- Additional Work by Others. No additional furnishings, plumbing, electrical, flooring, decorating, appliance purchases or delivery/installation, or other construction work is to be provided by the Designer. This work is to be provided by a licensed and qualified general contractor or trade certified in the installation of said work or materials. The Designer will not be held liable for any acts, errors, or omissions of assembly or installation work provided by another party.
- Risk of Loss. The risk of loss from any casualty to the Products, regardless of the cause, will be The Designer’s until the Products have been received at the delivery location. The Designer includes applicable Purchase Insurance for all Products purchased from us by you until delivery. The risk of loss, as to damage or destruction, installation or human error, and/or other damages claimed against the Products as a result of said damage, plus any transportation charges accompanying the Products, will be at your own additional expense.
- Indemnification. You agree to indemnify, defend and hold us harmless to the fullest extent permitted by law from and against any third-party claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of the negligence, failure and/or acts or omissions on the part of any architect, vendor, supplier, contractor or agent hired or retained by you.
- For Custom Products. You understand that the Custom Products described to you are specially designed and custom built and that we take immediate steps upon execution of this Agreement to design, order and construct those products. As such, orders for Custom Products are not subject to cancellation by you for any reason. In the event that you attempt to cancel this Agreement or otherwise defaults in the performance of your obligations hereunder, the Designer may, at their option, cancel this Agreement and retain as liquidated damages, and not as a penalty, all amounts paid by you.
- For Standard Products. The Designer does not have the ability to cancel orders for Standard Products once they have been transmitted to our supplier for fulfillment. In some cases, it may be possible to cancel ‘backordered’ product on an order since they are not scheduled for immediate shipment.
- Failure to Perform. Alternatively, the Designer shall have the right to pursue any legal and equitable remedies available to it, including specific performance. Notwithstanding anything to the contrary set forth above, in the event of your default, the Designer shall have the right to stop performance hereunder until such time as you cure the default.
(6) Other Matters
- Taxes. Purchases are subject to applicable federal sales tax (5% G.S.T.) and provincial sales tax (7% P.S.T.)
- Excuse for Delay or Failure to Perform. If we, in our sole judgment, are prevented directly or indirectly, on account of any cause beyond our control, from delivering the Products at the time specified or within thirty (30) days after the date of this Agreement, then the we will have the right to terminate this Agreement by notice in writing to you, which notice will be accompanied by full refund of all sums paid by you for Standard Products pursuant to this Agreement, provided our suppliers have not begun manufacturing of the Custom Products.
- Breach of Terms. We retain the right, upon breach of this Agreement by you, to sell those Products in our possession. In effecting any resale on breach of this Agreement by you, we shall be deemed to act in the capacity of agent for you. You shall be liable for any net deficiency on resale, plus the costs and expenses incurred in re-selling the Products.
- Governance. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Province of British Columbia, without regard to the jurisdiction in which any action or special proceeding may be instituted.
This Agreement requires your acknowledgement and acceptance in the form of payment as outlined on the invoice enclosed.