13
SALES TERMS AND CONDITIONS
Price
Orders are accepted subject to prices in effect at the time
of shipment 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 Inc. (here-
after “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 buyer's obli-
gations prior to making shipment on any order. Any sold mer-
chandise remains the property of the seller until full payment is
received.
Terms of payment
General payment terms are net 30 days.
A rate of 2% monthly (26.82% per annum, compounded month-
ly) will apply on overdue accounts. No goods will be delivered
to customers not complying with our sales and payment condi-
tions.
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.
Returns
Merchandise cannot be returned for any reason with-
out written authorization from our customer service depart-
ment. Any returned merchandise shall be liable to a 25% restock-
ing fee and, if necessary, labor costs. MAAX will not accept the
return of a non-custom product or a product that is not white,
either with or without a basic massage system. All transporta-
tion fees shall be paid by the originator.
Color variations
MAAX shall not be responsible for varia-
tions 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.
Cancellation
The client may not cancel an order after 24
hours from 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 sub-
ject to change without prior notice.
Maintenance
Regular disinfections provide an effective defense against vari-
ous types of bacteria susceptible of developing in the deposits
that build up over time in all bathtubs and showers.
For daily maintenance cleaning, use a moist cloth and gentle liq-
uid detergent.
For acrylic surfaces, occasional use of a special acrylic surface
cleaner such as Lumashine or Lumacream will add luster and
protect the finish.
Do not use
abrasive cleaners, scrapers, metal brushes, or any
items or products that could scratch or dull the surface.
To clean whirlpool piping, prevent residue build-up and extend
the life and performance of whirlpool tubs, we recommend
Mister MAAX
TM
cleaner, available from all MAAX dealers. When
used monthly, Mister MAAX
TM
is considered an effective disin-
fectant to clean whirlpool and jet air circulation systems.
If you have any maintenance-related problems, MAAX repre-
sentatives will answer your questions and recommend the best
solutions.
Limited warranty
MAAX offers the following express limited warranty on each of
its products. This warranty extends only to the original
owner/end-user for personal household use. For commercial
uses, additional limitations apply.
MAAX warrants
acrylic
units to be free from defects in work-
manship and materials under normal use and service for a peri-
od of twenty (20) years (Designer and Essence) or ten (10) years
(Classic) from the initial date of purchase by the owner/end-
user, contractor or builder from an authorized dealer.
MAAX warrants
fiberglass
units to be free from defects in work-
manship and materials under normal use and service for a peri-
od of three (3) years from the initial date of purchase by the
owner/end-user, contractor or builder from an authorized deal-
er.
MAAX warrants
ABS
to be free from defects in workmanship
and materials under normal use and service for a period of two
(2) years from the initial date of purchase by the owner/end-
user, contractor or builder from an authorized dealer.
MAAX warrants
polystyrene shower kits, tub wall kits, utility
tubs and accessories
to be free from defects in workmanship and
materials under normal use and service for a period of one (1)
year from the initial date of purchase by the owner/end-user,
contractor or builder from an authorized dealer.
MAAX warrants
whirlpool motor/pumps
to be free from defects
in workmanship and materials under normal use and service for
a period of five (5) years from the initial date of purchase by the
owner/end-user, contractor or builder from an authorized deal-
er.
MAAX warrants
blowers
to be free from defects in workman-
ship and materials under normal use and service for a period of
five (5) years from the initial date of purchase by the owner/end-
user, contractor or builder from an authorized dealer.
MAAX warrants
whirlpool and other bathtub systems
to be
free from defects in workmanship and materials under normal
use and service for a period of two (2) years from the initial date
of purchase by the owner/end-user, contractor or builder from
an authorized dealer.
MAAX warrants
mirrors and electrical components
to be free
from defects in workmanship and materials under normal use
and service for a period of two (2) years from the initial date of
purchase by the owner/end-user, contractor or builder from an
authorized dealer.
MAAX warrants
shower doors
(with the exception of model
137795) to be free from defects in workmanship and materials
under normal use and service for a period of ten (10) years from
the initial date of purchase by the owner/end-user, contractor or
builder from an authorized dealer.
MAAX warrants the
ceramic cartridges
for faucets against any
leak resulting from normal use by the owner/end-user, contrac-
tor or builder for a limited lifetime.
MAAX warrants the
thermostatic cartridges
to be free from
defects in workmanship and materials under normal use and
service for a period of five (5) years from the initial date of pur-
chase by the owner/end-user, contractor or builder from an
authorized dealer.
MAAX warrants
shower massage systems
to be free from
defects in workmanship and materials under normal use and
service for a period of two (2) years from the initial date of pur-