CONTRACT TERMS AND CONDITIONS
After placing an order you will receive an automatic E-mail acknowledging that we have received your order outlining the following: items ordered, the cost (including Taxes, shipping and packaging), delivery and invoice details. The automatic acknowledgment E-mail is not your order’s acceptance confirmation. All orders are subject to acceptance by STAY ON DECK. We will confirm your order’s acceptance by sending you a follow-up E-mail to the automatic acknowledgement. Our follow-up E-mail confirms our legal acceptance of your order, binding the contract between the client and STAY ON DECK. That contract incorporates all of the Terms and Conditions as follows:
Delivery Terms and Conditions:
Prices shown on the website do not include delivery charges. Upon entering your Billing Address, the delivery charges will be calculated and appear in the next window.
1. We aim to ship out all standard orders within 10-14 days.
2. Orders will be shipped to your curbside only. If you wish special delivery or assembly services, please contact us at firstname.lastname@example.org. Please note that additional charges will apply for this service. It is your responsibility to ensure your order can be delivered to the delivery address and that there is a safe and reasonable access from the public highway.
3. Through the online shop, we currently deliver within Canada the United States of America and other countries., Please contact us at email@example.com if you cannot receive a shipping Quote within the checkout.
4. Once the item(s) are ready for shipping, we will contact you to arrange a suitable day and time for delivery.
5. Orders will be sent by Fedex or similar Carriers. As such, a client’s / recipient’s signature is required upon the reception of the delivery. If a client / recipient will not be available, during normal working hours, at the delivery address to receive the delivery, we ask that you provide an alternative address for the delivery, perhaps your workplace. If the carrier is unable to contact the customer / recipient, the customer / recipient will then be responsible for any storage fees and return freight charges to the manufacturer, in addition to the original shipment expense.
It is the customer’s / recipient's responsibility to verify all items are correct and all pieces accounted for before signing. If the product is damaged in shipping, you may choose to refuse the delivery. Please be sure to notify us immediately of your delivery refusal in writing at firstname.lastname@example.org with the freight company's name and driver number to help us track the return.
6. We will, wherever possible, advise you of any anticipated delay when you place your order. However, we cannot accept liability for any loss or inconvenience that may result from any delay.
7. Delivery will be on a specified day between 8:00am and 5:30pm, Monday - Friday. For deliveries outside these times, please contact us at email@example.com.
Pick-up Terms and Conditions:
If you prefer to collect your item in person, please choose PICK UP (only available in Kinburn at the moment )in the dropdown box appearing in the next window after you entered your billing address. We will store your item safely for a reasonable period of time (up to 7 days, without cost) at our workshop.
Our work-shop address is as follows:
STAY ON DECK
2120 Kinburn Side Road
Kinburn, ON, Canada, K0A2H0
Pick Up is by appointment only. Please contact us via email: firstname.lastname@example.org to schedule a pick-up date and time.
All Sales are final!
All STAY ON DECK items are made per order and therefore returns are not possible.
Faulty Merchandise and Returns:
If the product is damaged in shipping, you may choose to refuse the delivery. Please be sure to notify us immediately of your delivery refusal in writing at Info@stayondeck.com with the freight company's name and driver number to help us track the return.
Should the merchandise be defective in any other way, you may return it to us, provided you advise us within 36 hours of receiving the merchandise. Please send an E-mail with your order number and deficiencies images and descriptions to email@example.com. Upon our review and approval of the deficiencies, we will issue a return number. You must return the item with the return number issued to the following address:
STAY ON DECK
2120 Kinburn Side Road
Kinburn, ON, Canada, K0A2H0
Any returns sent without a return number issued by us will not be accepted.
Merchandise which prove to be defective will entitle you to an automatic refund. We will process the refund due to you as soon as possible. When returning a product, please note that the packaging is your responsibility to ensure the merchandise is received by STAY ON DECK. in the same condition it was originally sent.
Please note that returned items found to be in good working condition or shipped as ordered, that does not meet the merchandise Cancel and Returns Policy, may not be eligible for a full refund. In such cases, a representative of STAY ON DECK. will contact you to either re-schedule a delivery of the same merchandise at your expense.
SALES TERMS AND CONDITIONS
Pricing and Payments
All sales are final and require payment in full before production
1. STAY ON DECK will do its best to adhere to the following schedules. However,there are several situations, including but not limited to, the following that will affect all of the proposed target dates: strikes, material availability, natural weather occurrences, health and family issues, pre-planned vacations or holidays or any other situations that are out of STAY ON DECK's direct control. If STAY ON DECK is unable to meet any deadline, it will take all reasonable measures to complete each phase as quickly as possible.
1. STAY ON DECK employees are fully covered under WSIB and we also carry a general liability policy of $2,000,000.00. Any sub-contractor hired by STAY ON DECK will be required to have WSIB Insurance and a general liability insurance policy at a minimum of $500,000.00 (copies of insurance can be supplied at customer’s request).
2. Any and all costs incurred for damage during storage (in case: provided by the customer and not STAY ON DECK), installation, or after completion that is not a direct result of actions by an employee of STAY ON DECK or any contractor supplied by STAY ON DECK is the customer’s responsibility.
Design services for custom product orders only:
Design drawings will include the following: elevations and floor plans that will identify all critical dimensions, details, and location of appliances/electronic components. Anything not specifically addressed as being provided by STAY ON DECK on the drawings or submittals are not included.
A. At first review, there are no extra fees for any design changes are necessary. However; proposal pricing will change accordingly.
B. Any and all changes made after second set of drawings will incur a design fee of $125.00/hr and proposal pricing will change accordingly.
Drawings services for custom product orders only:
Shop drawings will include the following: elevations and floor plans that will identify all critical dimensions, details, and location of appliances/electronic components. Anything not specifically addressed as being provided by STAY ON DECK on the drawings or submittals are not included.
A. At first review, there are no extra fees for any minimal design changes necessary. However, proposal pricing will change accordingly. Any and all major design changes after the first review will incur a drawing fee of $125.00/hour and proposal pricing will change accordingly.
B. Any and all changes made after second set of drawings will incur a drawing fee of $125.00/hr and proposal pricing will change accordingly.
All materials are guaranteed to be as specified in proposal. If the materials specified are not available, a substitute material of equal or greater quality will be used. All work is to be completed in a professional manner according to STAY ON DECK’s high quality standards and practices.
STAY ON DECK warrants the original client that its outdoor cabinets, related products, and accessories are free from manufacturing defect and workmanship for a span of 5 years. This warranty is not transferable and is for residential applications only. This warranty does not apply in the case of normal wear and tear, accidental misuse, abuse, negligence, product modification, improper storage, improper assembly, or improper installation. This warranty is expressly limited to repair or replacement of the defective part at the discretion of Stay on Deck Inc. This warranty does not include expenses incurred in the removal, shipment or installation for removal or replacement. This warranty applies only to cabinets or related products purchased through Stay on Deck Inc. This warranty is in lieu of all other implied or expressed warranties. Surface discoloration is not covered under warranty but can be minimized or eliminated with care and cleaning.
All hardware provided by Stay on Deck Inc. carries the manufacturer’s warranty. The warranty covers use under normal conditions.
Surface corrosion and discoloration is not covered under warranty but can be minimized or eliminated with care and cleaning.
The cabinets have to be regularly cleaned and maintained as outlined in our Cleaning and Maintenance instructions, failure to do so may void the warranty.
*** The Warranty for commercial use is for 1 year only***
Delivery and/or Installation:
1) If site conditions do not allow for the delivery and/or installation of the project, an area that is safe, shielded from the elements,as specified in the Warranty section shall be provided on-site for storage. If conditions do not allow for the storage of product on-site, Stay on Deck Inc. shall provide storage for a limited time, not to exceed 5 business days at no extra charge.
2) If storage needs to be provided past 5 business days, a storage fee of 1% of entire proposal amount will be billed per week. All storage fees must be paid in full prior to delivery.
3) Routes to area where work is to be performed, and the area where work is to be performed are to be cleaned and cleared by customer(s) of all obstacles prior to installation.
4) Stay on Deck Inc. will take all precautions to not cause any damage to any surface. However, due to the inherent nature of installation, Stay on Deck Inc. will not be held liable for any minimal damage to paint, wall covering, floor covering and ceiling materials in installation area.
5) Whenever feasible, any machining needed for installation shall be performed outside of residence. However if weather or site conditions do not allow for outside machining, an area shall be provided indoors.
6) Stay on Deck Inc. will take all precautions to maintain a clean and safe work site during installation. Any and all debris due to Stay on Deck Inc.’s installation shall be removed from site and all areas used shall be broom swept and vacuumed. All products to be dry wiped. Final cleaning to be done by others.
7) Stay on Deck Inc., its employees and sub-contractor(s) will do their best to leave work site in the same condition as found prior to installation.
1) This contract is binding to Stay on Deck Inc. and the customer(s) and all parties who lawfully succeed to their rights or take their places.
2) This contract contains the entire agreement of Stay on Deck Inc. and customer(s) and may not be changed except in writing signed by all of the parties involved.
3) If any part of this contract is found to not be legal or binding, the remainder of contract is still binding and in full force on all parties involved.
4) If at any time during the course of fulfilling this contract, there is a situation of which all parties cannot agree, all parties will do all things reasonable to remedy the conflict of opinion without involving 3rd parties.
5) If a conclusion cannot be reached that is acceptable to all parties involved, all parties involved agree to send.
6) If the opinion reached by the arbitrator is not acceptable by all parties, then and only then, shall the situation be taken further.
7) If the conflict of opinion leads to a court hearing or the need to involve legal counsel, the losing party agrees to pay all damages plus winning parties legal fees.
A Sales Tax in the amount of 13% is to be charged for all labour and materials provided.