1. PRODUCT DEFINITION
    a. Regular/In Stock Products: Products that Bath and Tile Outlet holds regularly in inventory, in
    store or in warehouse.
    b. Special/Custom Order Products:
    i. Products Bath and Tile Outlet does not carry regularly in inventory at the time of the purchase.
    ii. Products that Bath and Tile Outlet does carry in inventory but that the quantity ordered far
    exceeds normal inventory quantities and for which Bath and Tile Outlet must place a distinct order
    with a supplier to fulfill the quantity requested.
    iii. Products that must be obtained through special purchase or production/fabrication either with
    suppliers or internally.

 

2. DELIVERY AND INSPECTION
Customers must ensure that driveways and entrance areas are free of obstruction (i.e., snow, earth,
construction debris and vehicles). Failure to ensure the delivery area is free of obstruction could
result in a re-attempt at the expense of the customer. For apartment and condo building deliveries,
delivery will be made to the dock level only. Customers must ensure that a responsible individual
over the age of 18 is available to sign for the delivery. Customers must count, open and inspect the
contents of the order before accepting delivery. Any damages or missing items must be reported
back to Bath and Tile Outlet at the time of delivery or pick-up. Failure to report damages and/or
missing items within this period could result in costs being incurred by the customer.

 


3. WARRANTY
Bath and Tile Outlet is not responsible for any warranty or service issues. All product warranties
are subject to the terms and conditions of the manufacturer. Bath and Tile Outlet will act in good
faith to support the customer with warranty issues, but ultimately responsibility and resolution will
be dependent on the manufacturer of the product. Bath and Tile Outlet's warranty varies in
accordance with its various products for both plumbing and tile. The customer acknowledges that
all plumbing, vanity, tiles, slabs and other products sold are subject to variation of shade and size.
Such variations are inherent characteristics of the products sold by Bath and Tile Outlet. Bath and
Tile Outlet's warranty and liability shall in all cases be limited to repair or replacement of products,
not transportation or installation costs. At all times, Customer and/or Installer must inspect the
product in question upon delivery and/or pick-up and report any damages or missing parts/items
at that time. Bath and Tile Outlet will not be held liable for any claim of whatever nature once the
product is installed or past the allowable timeframe for reporting damaged or missing items. It is

the responsibility of the customer to have the products installed by a qualified installer and
according to the manufacturer's instructions.

 


4. RETURNS AND EXCHANGE POLICY
All merchandise returned must be in its original box and should not have been installed. Only
unopened and/or full boxes will be accepted. No returns or exchanges will be accepted for
customer orders pertaining to custom plumbing/vanities, tiles, slabs, mosaics, and natural stone
products that have been pre-selected and categorized for color or layout uniformity. Additionally,
no returns will be accepted on any goods purchased as clearance/showroom floor model. Floor
Models and Clearance Items: All floor models and blowout sale items are sold "as-is" and are final
sale. Our Sales team will be available to show the intended floor model product in case the
customer wants to inspect it. Merchandise must be returned at the receiving/shipping dock.
Original copy of invoice is necessary. Returns or exchanges will ONLY be accepted by a Bath and
Tile Outlet customer service agent or manager within a period of thirty (30) days of purchase.
Refund will be issued according to the original payment method or store credit. Depending on the
nature and brand of the product, a restocking fee of minimum 25% will be applied

 

5. RESERVE OF RIGHT OF OWNERSHIP
All Products, whether present and future, sold by Bath and Tile Outlet to the Customer shall remain
the sole property of Bath and Tile Outlet until all sums due to Bath and Tile Outlet, whether
invoiced or not, have been fully paid, including interest and costs. In case of non-payment, in
addition to all other rights and recourses available to Bath and Tile Outlet by law, Bath and Tile
Outlet may demand that the Customer remit all the products to Bath and Tile Outlet or to any other
person designated by Bath and Tile Outlet at the time and locations specified by Bath and Tile
Outlet, at the Customer's expense, and Bath and Tile Outlet may avail itself of all other recourses
provided for by law or by this Agreement.

 

6. GOVERNING LAW AND ELECTION OF DOMICILE
This Agreement 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
parties hereto irrevocably submit to the exclusive jurisdiction of the Courts of the District of
Toronto, Province of Ontario, with respect to any claim or any dispute arising from any rights or
obligations provided for in this Agreement. Applicant hereby waives any right to transfer or change
the venue of litigation filed in such courts.

 

7. ELECTRONIC EXECUTION, DELIVERY AND ENTIRE AGREEMENT
This document may be executed in several counterparts, each of which shall constitute an original.
Delivery of an executed counterpart of this document by telecopy, fax, by sending a scanned copy by
electronic mail, or by any other means of electronic execution and delivery, shall be effective as
delivery of a manually executed original counterpart of this document. This document constitutes
the entire agreement among the parties relating to the subject matter hereof and supersedes any
and all previous negotiations, agreements and understandings, whether oral or written.
BATH AND TILE OUTLET