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Terms of Sale

  1. The rights and obligations of the parties with respect to all matters arising from or in any way connected with the sale or use of products (the "Products") manufactured or sold by F&F Trading Stone Co. Inc. (the "seller") shall be governed exclusively by the laws of the Province of Ontario.
  2. The courts of the province shall have exclusive jurisdiction over any dispute between the seller and the purchaser.
  3. These terms of sale shall supersede all prior representations or arrangements and contain the entire agreement between the parties in connection with the Products described on the face hereof. Seller's acceptance of the purchaser's order and sale of the Products to the purchaser are expressly conditioned on purchaser's assent hereto and all other terms and conditions, express or implied, are excluded. Any conduct by the purchaser which recognizes the existence of a contract between the seller and the purchaser, including, without limitation, acceptance of delivery of or payment for the Products, shall be conclusive evidence of purchaser's assent to the terms hereof. Without the express written authorization of its management, none of the seller's employees or agents has authority to modify or supplement these terms of sale or to accept any order except on the seller's standard sales forms. No subsequent documents, purchase order or conduct, including acts or oral statements of any purchaser, shall purport to modify these terms of sale.
  4. The seller makes no warranty as to the quality or merchantability of any Products manufactured or sold by it or as to the fitness of such goods for any purpose. The purchaser expressly waives any and all warranties which might otherwise be implied by law or statute, including, without limitation, the warranties which might otherwise be implied by the operation of the Sale of Goods Act of the Province of Ontario.
  5. If the Products are purchased for resale by the purchaser, the Purchaser shall not make any representations or warranties with respect to the Products inconsistent with these terms of sale and shall include in the terms of sale of such resale disclaimers of warranties and limitations of liabilities at least as restrictive as contained herein.
  6. In the event that (a) any Products supplied by the seller are defective or unsuitable; and (b) a court of competent jurisdiction finds the seller to be liable therefore, the remedy of the purchaser shall be limited to the reasonable cost of a replacement product. In no event shall any other remedy be awarded or available to the purchaser. In no event shall the seller be liable for labour cost of repair or replacement of the Product, or any other damages, whether direct, incidental, consequential, or otherwise.
  7. Title to the Products delivered by the seller to the purchaser shall remain in the seller until the price has been paid in full.
  8. If a court of competent jurisdiction determines that any provision hereof is invalid or unenforceable at law, such provision shall be severed from the terms hereof, and shall not affect the validity or enforceability of any other provision.
  9. Returns are acceptable within 7 days of the receipt of the order, or 10 days from the date the goods were sent, whichever date is the earlier one.
  10. There is a 15% restocking charge for goods which are returned that are returned as a result of actions taken by the purchaser.
  11. All returns must be sent via prepaid freight.
  12. All prices are in Canadian Dollars.