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Terms and Conditions

Thank you for choosing to do business with SMS Wholesale Appliances Inc. (acting as general partner of SMS Limited Partnership) (“we“, “us“, “our“). These terms and conditions (the “Terms“) are important and affect your legal rights, so please read this document carefully and seek legal advice if you do not fully understand any of these Terms.

Applicability:

Unless otherwise indicated in a formal written amending agreement between you and us, these Terms govern the purchase of goods and services by you from us (“Goods” and “Services“). Our current price list and catalogue on our website or other marketing materials constitute offers to sell and your acceptance of a sale order quotation or other contract documentation (including an invoice) for the sale of Goods or provision of Services (the “Purchase Order“) indicates your acceptance of these Terms. The Purchase Order and these Terms together form the entire agreement between you and us (the “Agreement“) and supersede all prior or contemporaneous written and oral understandings, agreements, negotiations, representations and warranties, and communications.

Delivery of Goods:

Unless otherwise agreed in writing between you and us, and subject to availability, the Goods will be delivered by the “on or before” date specified in the Purchase Order, or if no “on or before” date is specified, the Goods will be delivered within 30 days of the date of the Purchase Order (subject to confirmation by us where the Goods constitute a special or advance order, are out of stock, or are subject to a supplier back order, which in each case may result in delayed delivery). We cannot confirm or guarantee a specified delivery time on the intended delivery date other than the Goods will be delivered during normal business hours. We require no less than 48 hours prior written notice if there is a cancellation in the booked delivery date or change in delivery address, delivery date, or any foreseen circumstance that may affect the scheduled delivery. If there are cancellations or changes within 48 hours of the delivery date, you will be charged for that delivery. In addition, we reserve the right to apply additional charges in the event of any change in delivery address, delivery date or any foreseen circumstance that may affect the scheduled delivery where we incur additional costs to accommodate such changes. Where applicable law may limit such additional costs to the lesser of 10% of the Price and $100, you hereby expressly consent to any such additional costs which may exceed such limits.

Refurbished, Open-Box and “As-Is” Products:

SMS Appliances may make available for purchase on the Website certain discounted products, including: (a) refurbished products (i.e. products that have been returned, repaired and tested to ensure they will perform as new); (b) open-box products (i.e. products that are brand new and unused, although original packaging may be altered, removed or replaced); and (c) “as-is” products (i.e. products that may contain scratches, dents or other cosmetic imperfections but will perform as new). In each case, SMS Appliances will identify these discounted products on the Website and the reason for the discounted price. The manufacturer’s warranty may still apply to some of these discounted products. In some cases, SMS Appliances may offer a time limited warranty for a discounted product for an additional fee. Except to the extent covered by a warranty (if any), all discounted products are sold as-is, as-available and with all faults, and all sales are final. Each discounted product must be picked up in-store or able to be delivered within seven (7) days of receipt of your invoice from SMS Appliances in respect of the discounted product.

Free Local Delivery Promotions:

Standard Appliances only Anything oversized will be subject to additional charges Built-in Refrigeration doesn’t qualify for free delivery Professional Style Ranges don’t qualify for free delivery Normal access – not too many stairs, no tight corners, no low ceilings Additional costs may be incurred due to difficult access Additional costs may be incurred if doors need to be removed – both appliance and within the home The Miele brand is excluded from the promotion as sales are processed directly on their online portal Missed deliveries will be subject to a missed delivery fee Here is the full list of Free Delivery exclusions: Built-in Fridges, Sub Zero, Bluestar, Thermador, KitchenAid, JennAir, Fisher & Paykel, Dacor, Blomberg, Fulgor Milano, Liebherr, Gaggenau, Professional Ranges – 30,36,48 and 60” sizes, Wolf, Bluestar, Thermador, KitchenAid, JennAir, Fisher & Paykel, Dacor, Fulgor Milano, Café (36” only), Bosch (36” only), Double Wall ovens – all brands, BBQ’s – 36, 48, 54” models (all brands)

Shipping Terms:

We will deliver the Goods from our warehouse to the location specified by you on the Purchase Order (the “Delivery Point“) using our standard packaging and shipping methods and routes. We do not send any shipments outside of Canada. We will not be liable for any delays, loss or damage in transit. Any and all claims for Goods damaged in transit are to be made by you directly against the carrier. If any Goods are damaged during shipping, you agree to notify the carrier and us immediately in writing and you must not open, use, or install the Goods. We will not insure shipments unless you request that we do so and in such case any such insurance will be at your sole cost. You may request partial shipments of Goods to you in which case each shipment will constitute a separate sale and you will pay for all Goods shipped. Any Goods omitted from shipment due to stock shortages will be back ordered and shipped as soon as possible, unless you are advised that the Goods cannot be ordered. Our liability for failing to deliver any Goods will be limited to delivering the Goods within a reasonable time or adjusting the invoice to reflect the actual quantity of Goods delivered. You may cancel the Purchase Order if we have misrepresented the availability of Goods or in the case of partial shipments (other than partial shipments made at your request).

Access to Delivery Point and Placement of Goods:

Delivery access must be clear and unobstructed, dedicated parking and unloading area must be provided on site by you. Doorways, passageways and stairways must be measured to ensure that the Goods will fit and can easily enter the suite or premises. You must notify us in advance of delivery if the delivery site has several staircases or constricted or returning staircases as more delivery people may be required to complete the delivery. In the event that the site conditions at the Delivery Point differ materially from what was described or what would be considered reasonable, we reserve the right to charge for any additional or above-normal delivery costs incurred. Where applicable law may limit such additional costs to the lesser of 10% of the Price and $100, you hereby expressly consent to any such additional costs which may exceed such limits. It is your responsibility to measure the required cutout size (H x W x D) and confirm fit to dimensions of the Goods. Anti-tip brackets are provided by the manufacturer of the Goods to prevent ranges and some fridges from dangerously tipping forward. We do not install these brackets and it is your responsibility to ensure that they are used and installed properly. You must be present at the Delivery Point, or have a duly authorized representative who is 18 years of age or older present when delivery takes place to accept delivery and sign that the Goods have arrived in satisfactory condition. You are responsible for electrical, plumbing and unplugging of any existing appliances that require removal. You must provide us with written notice of any damage to the premises resulting from delivery of the Goods within 24 hours of delivery. We are not responsible for any damages or defects for which you have not provided immediate notice within the time periods set forth herein and any Goods (except those for which such notice has been given) will be deemed to have been delivered in an acceptable and satisfactory condition.

Title and Risk of Loss:

We retain title to the Goods and warranties until we have received full payment for the Goods. Notwithstanding the foregoing, risk of loss and damage to Goods passes from us to you at the time the Goods are loaded onto the carrier at our warehouse.

Inspection/Non-Conforming Goods:

It is your responsibility to inspect the Goods immediately upon receipt. You agree to provide us with written notice (together with pictures if we request same) within three business daysof delivery of any Goods which were delivered in a damaged condition in which case we will use reasonable commercial efforts to repair any damage or if necessary obtain a replacement item. Any delivery of Goods which are different from the Goods identified in the Purchase Order (“Non-Conforming Goods“) must be noted on the driver’s copy of the delivery slip (“Delivery Slip“). In the absence of Non-Conforming Goods being noted on the Delivery Slip, you will be deemed to have accepted the Goods as delivered and no Claims shall thereafter be made on the basis that the delivered Goods are different from the Goods identified in the Purchase Order. Subject to the following sentence, if you notify us of any Non-Conforming Goods on the Delivery Slip, we will, at our option: (A) replace the Non-Conforming Goods with conforming Goods in which case the conforming Goods will be shipped to the Delivery Point at our expense; or (B) credit or refund the price of the Non-Conforming Goods. If however you notify us of any Non-Conforming Goods on the Delivery Slip and provide us with written notice that you elect to reject the Non-Conforming Goods or the entire order, then we will accept the return of such Non-Confirming Goods, or, if applicable, the entire order, provided that the Goods have not been used or damaged by you.

Refund/Return/Cancellation Policy:

If you are not satisfied with the Goods that you have purchased, you may return or exchange such Goods within seven days of delivery, subject to the following conditions: (A) new, unopened Goods may be returned without restocking fees; (B) new, opened Goods may be returned if authorized by us and will be subject to a 30% restocking fee; (C) delivery charges are non-refundable; (D) additional delivery charges may apply to returns and exchanges; (E) the following Goods cannot be returned or exchanged: used Goods, special order models, floor models, “Open Box” or other “As Is” purchases, and previously installed Goods; and (F) requests for returns or exchanges that relate to service or repair issues are excluded and will be governed by the manufacturer’s warranty terms and conditions (see Section 12).

Applicable Taxes/Environmental Handling Fees:

The Price excludes all harmonized sales tax, goods and services tax, provincial sales tax, retail sales tax, social services tax, value added tax, use and excise taxes, environmental handling fees, and any other similar taxes, duties, fees and charges of any kind imposed by any governmental authority on any amounts payable in respect of the Goods and Services and you will be responsible for all such charges, costs, fees and taxes.

Payment Terms:

Payment of the Price in full is due prior to delivery. Invoices are payable to SMS Wholesale Appliances Inc. Cash, cheques, certified cheques, bank drafts, electronic funds transfer, debit card and credit card are acceptable methods of payment. Should you wish to dispute any invoice, you must give written notice to us within 30 days from the date of invoice, failing which all invoices shall be deemed correct. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification. Special orders and orders for custom Goods require a deposit equal to 100% of the Price (defined below). Deposits on special orders and orders for custom Goods are not refundable and are nontransferable.

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