Studio Cabo Inc. Terms and Conditions
1. Orders and Regulation
Orders are not binding upon Studio Cabo until accepted by Studio Cabo in writing by hand delivery, facsimile or e-mail. Studio Cabo’s acceptance of your Order is conditional upon your acceptance of the Terms and Conditions.
It is the Customer’s responsibility to ensure that the Product they order meets local codes, permitting, zoning, rules and any other regulation that may apply to their property and Studio Cabo will assume no responsibility in this regard.
2. Prices and Quotations
The following terms and conditions (the “Terms and Conditions”) and any other terms and conditions specifically agreed to in writing (the “Specific Terms”) by the customer (the “Customer”) and Studio Cabo Inc. (“Studio Cabo” and collectively with the Customer, the “Parties”) shall constitute the agreement (the “Agreement”) between the Parties. No other terms or conditions shall apply to the purchase by a Customer of a product sold by Studio Cabo (the “Products”). In the event of a conflict, the Specific Terms shall govern over the Terms and Conditions. The Customer’s order of a Product (the “Order”) shall constitute acceptance of the Terms and Conditions (subject only to any Specific Terms applicable thereto) and Studio Cabo rejects any
and all additional or different terms proposed by the Customer however presented. The Agreement replaces and supersedes
any previous proposals, correspondence understandings or other communications whether written or oral which do not constitute Specific Terms. The headings and titles in the Terms and Conditions are included for ease of reference but
do not form part of the Terms and Conditions.
Unless otherwise agreed in the Specific Terms, all Product prices shall be pursuant to Studio Cabo’s price list at the time of your Order, despite any other advertisement. In addition to the purchase price of the Product, the Customer agrees to pay any sales or other tax due under any applicable law.
3. Payment and Cancellations
Payment. The payments will be made by the Customer to Studio Cabo according to the following schedule: (i) 50% deposit due on the date of the Order and (ii) 50% due on the date that the Product is ready for shipment. Interest will accrue on past due sums at an annual rate of 18%. You agree that if you fail to pay to Studio Cabo any sums due and Studio Cabo sues to collect such sums, you will be liable for reasonable attorney’s fees incurred by Studio Cabo.
Cancellations. Cancellations may be made within 48 hours of the time of Order. Any cancellation made after 48 hours of the Order time will be subject to cancellation fee equal to the greater of (i) $1,500 or (ii) the cost assumed by Studio Cabo to build the Product until the notice of cancellation was given.
4. Delivery and Installation
After the Customer proceeds with the Order, Studio Cabo will provide to the Customer an estimate as to when the Product will be ready for shipment. Such estimate shall not represent a firm commitment and Studio Cabo shall not assume liability for reasonable delays caused by the unavailability of the materials, the workforce and the manufacturing facilities, as well as the difficulty associated with the customization of the Product. Moreover, in the event of force majeure, which is defined as an unforeseeable and irresistible external event which entails the cessation or interruption of commercial, Studio Cabo shall be released from its obligations hereunder, but only for the time period during which the force majeure is operative.
The Customer will have the choice to take delivery and install the Product at his or her own cost or use a Qualified Third Party recommended by Studio Cabo (which is also the manufacturer of the Products), to provide such services.
Should the Customer choose to use the Qualified Third Party, the Customer shall sign a separate contract with said party for the delivery and installation services and Studio Cabo shall not be held responsible for such services. The delivery and installation fee will be in addition to the price of the Product.
Delivery details and installation options will be discussed and customized for the Customer with the Qualified Third Party.
The Customer is deemed to receive the Product upon delivery of the Product to the Customer or the qualified third party that will be responsible for the delivery and/or installation. The Customer shall bear all risk of loss and casualty to the Product upon such date.
6. Permits for the Installation
It is the sole responsibility of the Customer to obtain any permit or authorization required under a by-law, act or regulation regarding the installation of the Products and Studio Cabo will assume no responsibility in this regard.
In the event your municipality requires a stamped set of engineered plans, Studio Cabo will be able to provide such plans for the following fee: (i) $500 up to 140 square feet and (ii) $600 over 140 square feet.
Unless the Product is defective and is covered by the Limited Warranty (as defined below), there is no return policy for the Products. The sale of the Products is final under applicable laws.
If the Product is defective and covered by the Limited Warranty, the Customer shall arrange for the evaluation, repair and/or return of the Product with Studio Cabo, prior to returning the Product. Any unauthorized returned Product will be subject to a restocking fee of a minimum of 25% of the purchase price. The Customer shall be responsible for any loss during shipping or storage and shall be responsible for insuring the Product.
8. Limited Warranty
Studio Cabo warrants to the Customer that, should there be any defects in the material or workmanship during the initial 12 months (one year) from your receipt of the Product, Studio Cabo will repair or replace the defective component(s) at its option (the “Limited Warranty”). You must notify Studio Cabo immediately of any claim of defects in the material or workmanship that appears within 12 months (one year) of your receipt of the Product. Said notice must be in writing, set forth specifically the basis for the claim, and include a photograph of the defect(s). The failure to satisfy the requirements above will constitute irrevocable acceptance of the Product. All warranty claim notices should be sent to Studio Cabo. Any abuse or misuse of the Product, including unauthorized alterations will void this Limited Warranty. Studio Cabo is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain or by the use of improper replacement parts. Sutdio Cabo assumes no responsibility and expressly disclaims all liabilities for damages due to misuse, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. No marketing materials, whether oral or written, obtained by you at any time from Studio Cabo or any vendor or retailer of Studio Cabo Products shall create any express warranty not expressly stated in this section. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WILL TERMINATE THREE HUNDRED SIXTY FIVE (365) DAYS FROM YOUR RECEIPT OF THE PRODUCT.
THE PRODUCT IS NOT DESIGNED OR INTENDED TO BE USED AS A RESIDENCE OR DWELLING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PRODUCT IS NOT DESIGNED OR INTENDED TO BE USED AS A RESIDENCE OR DWELLING. YOU EXPRESSLY AGREE TO INDEMNIFY STUDIO CABO FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, AND LOSSES ARISING FROM YOUR USE OF THE PRODUCT AS A RESIDENCE OR DWELLING.
The Customer agrees to defend, with counsel approved by Studio Cabo, all actions against Studio Cabo, its officers, directors, managers, shareholders, members, employees, agents, beneficiaries, successors, and other representatives (the “Indemnified Parties”) with respect to, and to pay, protect, and indemnify and save harmless all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature arising from or relating to the injury to or death of any person, or damage to or loss of property, caused by or incurred in connection with your use or misuse of the Product.
LIMITATION OF LIABILITY. IN NO EVENT SHALL STUDIO CABO BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF PRODUCT (WHETHER IN CONTRACT, WARRANTY, RESPONSIBILITY (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STUDIO CABO (WHETHER IN CONTRACT, RESPONSIBILITY (WARRANTY, INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EXCEED THE PRICE PAID BY THE CUSTOMER TO STUDIO CABO.
You acknowledge and agree that all brand names, trade names, and trademarks incorporated onto or associated with the Product purchased hereunder are the exclusive property of Studio Cabo and that you shall not acquire any rights by purchasing the Product.
12. Proprietary Information and Nondisclosure
You acknowledge and agree that any knowledge or information, including drawings, designs, specifications, plans, and data, that Studio Cabo may have disclosed in the placing and filling of an Order shall, at all times, remain the exclusive property of Studio Cabo, and shall not be copied. You acknowledge and agree that such proprietary information constitutes valuable, special, and unique business assets of Studio Cabo and that you shall not use any such information in any manner or disclose any such information to any person or entity.
13. Governing Law and Jurisdiction
ALL MATTERS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF THE PRODUCT SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF QUEBEC AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN.
14. Entire Agreement
These Terms and Conditions together with the Specific Terms constitute the Parties’ entire Agreement relating to the subject matter hereof and supersede all prior oral or written communications, proposals, and representations with respect to such subject matter. No modification to these terms and conditions will be binding unless in writing and signed by each party.
15. No Waiver
No waiver of any provision of these Terms and Conditions or delay by either Party in enforcement of any right hereunder shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
In the event any provision herein should be held unenforceable by a court of competent jurisdiction, all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
17. No Assignment
You agree that you may not to assign or transfer any of your rights related to these terms and conditions or your purchase of the Product unless you obtain the written approval of the other Party.