Terms of Use 1. Definitions In these terms and conditions "The Company" shall mean Global Arch Inc. and "The Purchaser" shall mean the firm, company, corporation, person or body by whom an order is given to the Company. 2. Application of Terms These terms and conditions shall apply to all quotations and sales of goods by the Company and unless otherwise agreed in writing shall be the only terms and conditions relating to any contract arising there from. Any other conditions, representations, warranties, or descriptions whether written or oral, express, implied, statutory or otherwise are expressly excluded other than such statutory conditions or warranties as may not be capable of exclusion. 3. Quotations Quotations are given by the Company in good faith and are based on up to date information at the time. Quotations are open to acceptance within thirty days of dispatch by the Company. We shall be entitled to add to the invoice price and to recover from the Purchaser any taxes which is in force at the time of execution of the contract or any taxes which may be added thereafter and which shall apply to this contract. 4. Prices Goods will be invoices and paid for at the Company's prices current at the date of dispatch of the goods, such prices superceding and replacing all previous quotations or other prices unless otherwise specifically agreed in writing. The Company will do its best but shall not be bound to inform the Purchaser of any such increase. 5. Variations Any variation and/or modification to a contract to be effective must be forthwith confirmed by the Purchaser and approved by us in writing. 6. Availability of Goods Any order may be cancelled by the Company without notice if the company are prevented from obtaining, purchasing or manufacturing the goods or from delivering the same by reason or force majors, civil commotion, adverse weather conditions, strike, lock-out, fire, accident, breakdown of plant, machinery or vehicles or any other cause outside the control of the Company, and the Company will not accept liability for delays, damages, breakages, or any other consequences arising from or contributing to any such matters. 7. Colors and Texture Variations Natural Stone, by its nature, is a variable product even within the same batch. We cannot accept responsibility for variation. 8. Payment Payment will be made in cleared funds at the same time an order is placed unless the Company has agreed monthly credit facilities. Monthly credit facilities shall mean 30 Days from the date of invoicing or delivery – which ever is earlier. In the event of non-payment of any amount due from the Purchaser the whole balance outstanding on the Purchasers account shall become payable forthwith and the Company reserves the right to withhold further deliveries until such payment has been effective, cancel any contact with the purchaser without being liable to the purchaser for any loss occasioned or arising there-from, or at the Companies discretion to cancel the monthly credit facilities with effect that all future goods supplied to the purchaser must be paid for in advance. The company also reserves the right to disallow any discount that may be applicable to the contract entered into by the Purchaser and to charge interest on such outstanding accounts at a rate not exceeding 15% per annum. 9. Title of Goods Ownership of the goods shall not pass to the Purchaser until payment in full for the same has been made to the Company. If the goods concerned remain unsold in the custody of the Purchaser they shall belong to the Company and be returnable to us on demand. If the goods have already been used and form a building construction of part thereof than it is agreed that ownership of the building or construction will pass to the Company to the extent of the amount owed. The Purchaser will, as guaranteed for payment to the Company. If the building or construction is sold the Company's claim will attach to the proceeds of sale in the same manner as if the Company was a secured creditor in respect of the sale proceeds. 10. Delivery Quotation (unless otherwise expressed) exclude the delivery cost of goods to the site nominated by the Purchaser. Any quotation or agreement for delivery charges is based upon the assumption of unrestricted site access. 11. Suitability of Goods The Company will accept no liability as to the suitability of the goods for the purpose for which the Purchaser may require them. 12. Samples Samples submitted by the Company are an indication of texture, size, colors and general appearance only. Bulk supplies cannot be guaranteed to correspond in every respect. Technical data or other specifications are intended as a guide only, and if the Purchaser wishes to rely on any such matter as a term of contract the same must be put in writing by him and agrees to in writing by the Company prior to or at the time or entering into any such contract. 13. Quality of Goods The Company warrants that the goods shall be of sound materials and workmanship, if in the event of a defect in the goods being notified to the Company in writing within 4 days of the date of delivery. Whilst every effort will be made to avoid variation of shades and sizes in goods delivered the Company neither guarantee not warranty that such variations will nor occur or that they will conform to sample, either in quality or color. 14. Claims (a) Any claim for alleged faults or short delivery must be notified by the Purchaser in writing to the Company within 7 days of the date of delivery, time to be of the essence. (b) The Company shall have the right to require the Purchaser to return such goods to the Company at the Purchaser's cost for examination. (c) The liability of the Company shall be restricted to replacing any goods found to be faulty or at their option to refund to the Purchaser only that part of the contract price relating to such faulty goods. (d) All liability for direct or consequential loss whether from delay in dispatch, delivery, failure of goods to meet specifications or performance, defects in manufacture or otherwise hereby expressly excluded. ~ (e) The Company will not except claims in the following circumstances. (I) Loss or damage in transit in the Purchaser's own transport or on site. (II) Force major. Act of God matters beyond the Company's control. (Ill) Where goods have been improperly used, stored or protected. (IV) Where goods are not suitable for the purpose to which the Purchaser has or wishes to put the same. (V) In respect of general weathering of the goods. 15. Cancelation Contracts with and others placed with the Company may only be cancelled with the Company's prior written consent. In cases where the Company has been required to pay a deposit to a manufacturer or supplier in respect of the Purchasers order the Company may require reimbursement of such sum from the Purchaser as a condition of consenting to cancellation. In every case where the Company consents to cancellation the Company at its absolute discretion see fit, suffered by the Company as a result of such cancellation. 16. Jurisdiction Every contract to which these terms and conditions apply shall be constructed on accordance with Canadian Law and any dispute shall be submitted to the jurisdiction of the Canadian Courts. 17. General Errors and omissions excepted.