English
12
TERMS, CONDITIONS AND WARRANTIES
Price
Orders are accepted subject to prices in effect at the time of shipment of this price list and prices are subject to change without notice. The published
pricing schedule shows suggested list prices and is subject to a trade discount as determined by MAAX Canada Inc. (hereafter “MAAX”). Orders will be
invoiced at the price in effect at the time the orders are placed. Selling prices may be readjusted without notice during the year, for instance if
transportation costs increase due to fuel surcharges.
Conditions of acceptance
The acceptance, shipment or delivery of any order is conditional upon approval of MAAX’s credit department and upon these sales terms and conditions
applying to the order and not any others, unless specifically agreed to in writing by MAAX. MAAX reserves the right to require satisfactory security for
performance of the purchaser obligations prior to making shipment on any order. Any sold merchandise remains the property of MAAX until full payment
is received, in accordance with applicable laws, such as the Uniform Commercial Code — Sales in the United States.
Terms of payment
General payment terms are net 30 days. A rate of 2% monthly (26.82% per annum, compounded monthly) will apply on overdue accounts. No goods
will be delivered to customers not complying with our sales and payment conditions.
Taxes
All prices published are exclusive of applicable taxes.
Lost merchandise
If, upon receipt, the recipient notices that certain products are missing, he must immediately notify our customer service department. The recipient must
then indicate which products are missing on the delivery slip and countersign it. The enclosed bill of lading allows you to verify shipped and received
merchandise.
Shipping damage
Damage occurring in transit is the responsibility of the carrier. MAAX will not be held responsible for shipping damage. The product should be carefully
examined by the user or installer at time of receipt to ensure it is damage free. If any damage is discovered, it should be noted on the freight bill, and a
claim should be filed against the carrier as soon as possible. Inspection of the unit prior to installation is the responsibility of the installer or building
contractor who acts on behalf of the user, or the user himself. They are responsible for ensuring that the unit is free of defect or damage. In the event
of a problem, the unit must not be installed. MAAX is not responsible for failures, costs, damages or claims that could have been discovered, repaired
or avoided by proper inspection and testing prior to installation.
Return policy
MAAX provides a selective and conditional merchandise return program. Product may be returned to MAAX under the following conditions:
• Product is in original, new condition – not previously installed or used as display;
• Product has been in the customer’s possession for less than 6 months;
• Product is still available in the most current price list (not discontinued) or has not been announced for discontinuation;
• Product is in a standard color or finish, as indicated in the most current price list;
• Any stock product may be returned. To know if a product is a stock unit, please contact the customer care department; and
• Product was received in error does not represent what the customer ordered or has a manufacturing defect.
Products are not eligible for return to MAAX under the following conditions:
• Product has been previously installed, drilled, permanently marked, spray painted, or in any other way altered from its original condition;
• Product is “weathered”; degraded due to storage outside or exposure to the elements resulting in discoloration;
• Product is defective due to negligent storage; or
• Product is equipped with any accessories or options.
Prior to returning merchandise a MAAX customer must complete and submit the RGA. Request Form supplying general and specific information about
the unit(s) for return. MAAX must then authorize and approve the return in writing by issuing an RGA number.
All products are subject to inspection prior to credit reimbursement and MAAX reserves the right to reduce such reimbursement as follows:
• MAAX will apply a 25% restocking fee against the reimbursement credit for all returns for any reason other than manufacturing defect or MAAX error.
• A repair cost will be applied against the credit reimbursement for any repair required to bring a product back to 100% resalable condition. In these
circumstances the customer will be notified.
• Any unit returned via common carrier must have the freight prepaid by the customer and any unit returned on a MAAX truck will be subject to a $25
per unit transportation fee unless the unit is being returned due to a manufacturing defect or a MAAX error.
• For any product returned that does not qualify for return as specified above or does not match the RGA form, MAAX will charge a $25 per unit handling
fee. MAAX will notify customers in such instances and the customer will be requested to either take the unit back with freight prepaid and charged or
notify MAAX in writing of their desire that it be scrapped.
Cancellation
Orders must be cancelled with in 24 hours of receipt of MAAX’s confirmation. All cancellation requests must be made by fax and be confirmed by MAAX.
Design and dimensions
MAAX reserves the right to discontinue products at any time or change specifications and/or design without notice and without incurring obligation. All
dimensions are approximate and subject to change without notice.
CLIENT SHALL INFORM OWNER/END-USER ABOUT THE FOLLOWING CONDITIONS AND WARANTIES
Color variations
MAAX shall not be responsible for variations in granite color, wood grain, or color shades in the natural wood used; or for slight differences in color or
texture of the material delivered in relation to the sample shown or provided to the purchaser. The purchaser may not use such differences to obtain a
price discount or to cancel the order.
Maintenance
Regular disinfection provides an effective defense against various types of bacteria that can develop in the deposits building up over time in all bathtubs
and showers. For daily maintenance cleaning, use a moist cloth and gentle liquid detergent. For acrylic surfaces, occasional use of a special acrylic
surface cleaner such as Lumashine or Lumacream will add lustre and protect the finish.
Do not use abrasive cleaners, scrapers, metal brushes, or any items or products that could scratch or dull the surface. Mirror should be cleaned with
non-ammonia based cleaner only.
