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Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from Planet3 Marketing Inc. (hereinafter referred to as “Planet3 Marketing”) and the Planet3 Marketing entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Planet3 Marketing, and/or the Planet3 Marketing Website www.decorplastics.com hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Planet3 Marketing, in which case the separate Agreement shall govern; or (ii) unless other Planet3 Marketing standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Planet3 Marketing’s sole discretion.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Planet3 Marketing’s acceptance of Customer’s order, nor does it constitute confirmation of Planet3 Marketing’s offer to sell. All orders are accepted in British Columbia, Canada. Planet3 Marketing reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Planet3 Marketing cancels Customer’s order, Planet3 Marketing shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Planet3 Marketing’s sole discretion and unless otherwise agreed to by Planet3 Marketing, payment must be received or otherwise authorized or secured in a form approved by Planet3 Marketing prior to Planet3 Marketing’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Planet3 Marketing. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Planet3 Marketing and the customer. Planet3 Marketing may invoice parts of an order separately. Orders are not binding upon Planet3 Marketing until accepted by Planet3 Marketing (see Order Acceptance Policy). Any quotations given by Planet3 Marketing will be valid for the period stated on the quotation. Planet3 Marketing reserves the right to adjust or cancel quotations as required.
3. AVAILABILITY:
Availability status will be indicated in the details of each product. We
reserve the right to withdraw our acceptance of your order if any
product is not readily available to us or discontinued. A refund in full
of the payment you have made for that particular item(s) will be given.
If the availability status of a product were backorder, it would take
between 4 - 8 weeks to restock. We do not restock every product; only
product that is popular may be restocked. For pre-sale product, there is
an estimated date of arrival in each of the product’s description.
4. SHIPPING
Unless otherwise is specified, Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Planet3 Marketing’s suppliers, Planet3 Marketing shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Planet3 Marketing within thirty (30) days from the date the shipment was delivered. (see 8. “Limitations on Damages” or email: Claims@decorplastics.com). Planet3 Marketing shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported. For goods ordered (except of goods with free shipping) by the pallet or truckload and returned under our 30-Day Money Back Guarantee, Planet3 Marketing shall arrange for and incur all shipping charges. In the unlikely case that goods are damaged, Planet3 Marketing will arrange to either re-ship product (at the company’s expense) or provide to the customer a compensation credit for the value of the goods damaged.
If international freight is involved in the product delivery, Customer is responsible to arrange and pay for international freight, as quotes are for transportation only. The quote does not include broker, customs fees, duties, taxes, etc. Planet3 Marketing cannot guarantee delivery times or dates. Delivery times and dates are the responsibility of the shipping agent.
5. TAXES
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Planet3 Marketing’s invoice.
6. TITLE; RISK OF LOSS
Title to product passes from Planet3 Marketing to Customer upon completion of shipment of product to Customer by Planet3 Marketing, unless otherwise stated in terms of purchase (e.g. Letter of Credit).
Immediately upon delivery, Buyer must inspect goods prior to signing the bill of lading or delivery receipt. This must occur regardless of any visible signs of external damage to the packaging. “Hidden” damage due to stacking of freight or mishandling the product during the shipping process may occur. This is “Freight Damage” and not the responsibility of the Seller. If damage is found, Buyer MUST sign for the freight as damaged and the driver must acknowledge that Buyer are signing for damaged freight. For trackload deliveries: the damage claims are accepted withing 24 hours of delivery. Any damage claim after this term might be rejected. For international shippments - it is the responsibility of the Buyer to file any and all freight claims resulting from this process. Seller has no liability after the goods are shipped from Seller’s address .
7. WARRANTIES
All warranties set out are Manufacturer-specific warranties only. The limited warranty applicable to each product sold by Planet3 Marketing is set out under the heading “Warranty” located on the Planet3 Marketing Site where each product is described. Such limited warranty applies to each sale by Planet3 Marketing of that respective product. Planet3 Marketing makes no express warranties except those stated in this agreement and in Planet3 Marketing’s applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Planet3 Marketing will be obligated to honour any such warranties, only upon Planet3 Marketing’s receipt of payment in full for the item to be warranted. Before returning any item, Customer must contact Planet3 Marketing’s Claims Department for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific “Warranty”). The WA number is valid only for the product described therein. The product returned must match the product authorized for return. Customer must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through Planet3 Marketing’s Logistics Department. Customer is responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product “Warranty.” Whenever possible or as outlined under “Warranty,” all items must be in “as new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package. Planet3 Marketing may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. Planet3 Marketing’s Claims Department will advise Customer of the details specific to the warranty claim.
8. DISCLAIMER
THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S). PLANET3 MARKETING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PLANET3 MARKETING ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. PLANET3 MARKETING DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. PLANET3 MARKETING DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. PLANET3 MARKETING FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS, WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY LOCKING/CONNECTING SYSTEM(S) USED BY MANUFACTURERS OF LAMINATE, ENGINEERED WOOD, OR OTHER PRODUCTS SOLD BY PLANET3 MARKETING.
9. LIMITATION ON DAMAGES
PLANET3 MARKETING DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. PLANET3 MARKETING WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF PLANET3 MARKETING WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, PLANET3 MARKETING IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
10. 30-DAY MONEY BACK GUARANTEE
Customers who purchase by the pallet or truckload can return product within 30 days of delivery and get a refund. For some products such as slate veneer 25% restocking fee will be applied. The product must be returned in its entirety and in the same condition as when it arrived at the original destination and must not have been installed, removed and then returned. Planet3 Marketing will arrange pick-up of the product at no cost to the customer. This guarantee applies to all regular Planet3 Marketing products only and does not apply to clearance items, custom made and special orders.
Container load purchase : Since all items are custom made to order products and cannot be
canceled after production begins. If order is canceled prior to
production then a 20% restocking charge is applied against the deposit
to cover the return cost of the raw material stock.
Customers who purchase by the container-load may cancel their order and receive a partial refund up until the customer provides authorized acceptance of the Inspection Report. Authorized acceptance may be indicated directly on the Inspection Report (by way of customer signature); or by referencing the order number via email or fax. Signing the Inspection Report transfers the now completed order from the place of manufacture to the shipping company. At this point, it is too late for the customer to cancel or change any order.
11. CURRENCY
All references to monetary amounts, including prices, on the Planet3 Marketing Website (the “Site”) and in this Agreement shall be in U.S. currency.
11. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws rules. Planet3 Marketing and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by Planet3 Marketing from its offices within the Province of British Columbia, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
12. ARBITRATION
All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.
13. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and Planet3 Marketing, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and Planet3 Marketing.
14. HEADINGS
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
15. WEBSITE ERRORS
The website has been reviewed to present information and prices as accurately as possible. If an error is found in description or price, we reserve the right to correct it.
16. TERMS OF USE
Your access to, and use of the Site is governed by Planet3 Marketing’s Terms of Use. By using this Site, you signify your acceptance without modification of these Terms of Use. The Terms of Use are subject to change without prior notice at any time, in Planet3 Marketing’s sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.
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