TERMS & CONDITIONS

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1.  Acceptance

1.1.     Unless otherwise agreed in writing by the parties, any sale made by Larose Guyon. (“Larose Guyon”) to a purchaser (“Purchaser”) of the products (“Products”) described in the invoice of Larose Guyon (“Quotation”) shall be governed by these Terms and Conditions to which the signature of the Purchaser, or the Purchaser’s commencement of performance or partial payment of the Products constitutes Purchaser’s acceptance. Any different or additional terms in the Purchaser’s acceptance or offer are hereby objected to and rejected, unless specifically accepted in writing by Larose Guyon.

2.  Design and Custom Manufacturing

2.1. Upon receipt of the Price by Larose Guyon in accordance with paragraph 3.2 a), Larose Guyon shall design, develop and manufacture the Products described in the Quotation in accordance with the Purchaser’s specifications.  
2.2 The Purchaser shall provide Larose Guyon with any information reasonably required by Larose Guyon regarding the Products upon acceptance of the Quotation by the Purchaser.

3. Price

3.1. The price of the Products shall be the price set out in the Quotation (“Price”).  The Price shall be payable in the currency mentioned in the Quotation.
3.2.  Unless otherwise agreed by the parties in writing, the Price shall be payable as follows with the exception of paragraph 3.3:
a)  Payment of a non-refundable deposit of fifty percent (50%) of the Price upon receipt of the Quotation (“Deposit”); and
b) Payment of the balance of the Price representing fifty per cent (50%) of the Price upon delivery of the Products. Once the order is completed, we require the last payment prior to delivery. If the final payment is not made in four weeks, we will impose a fee of 2% on the amount remain to be paid for each week exceeding. The Purchaser will have 12 weeks following the end of manufacture to pay and claim the product, otherwise the entire order will become the property of Larose Guyon.3.3.  Unless otherwise agreed by the parties in writing, the Price shall be payable as follows for all the Products purchased on the online store Larose Guyon:

 

 4.  Return, delivery and Claims

4.1 Larose Guyon does not accept any return
4.2 The delivery date shall be determined by Larose Guyon in accordance with the lead time of each products. 
4.3 Please note that all claims for any damages of the goods during transportation must be made in writing via email to info@laroseguyon.com, accompanied by photographs of such damages, within seven (7) days after Buyer’s receipt or warehouse’s receipt of the Products and all claims for workmanship defects, shortages and errors must be made within sixty (60) days. Failure to make a claim within this period of time constitutes acceptance of the Products and a waiver of claims. Buyer and third party shippers have sole responsibility for any damage, loss or shortages incurred during transit. . Seller is not responsible for any freight related claims, but may assist the Buyer in this process at Seller’s sole discretion.
 

5. Installation and Assembly

5.1.  The Purchaser shall install and assemble the Products in conformity with the instructions provided by Larose Guyon, which installation or assembly may require the hiring of competent professional such as licensed building contractor, electrician, etc.
 

6. Warranty

6.1     Larose Guyon warrants to the Purchaser that the Products (lighting fixtures) will be free from defects in material and workmanship for twelve (12) months from the date of sale of the Products. Larose Guyon does not warrant other products than their lighting fixtures. The warranty thus provided by Larose Guyon is more fully described in the documentation related to the assembly of the Products which is supplied with each Product.
6.2   Larose Guyon’s warranty does not apply to damage or defects resulting from normal wear and tear, negligence, damage in transit, faulty, incorrect or non-conforming assembly or installation of Products, lack of proper maintenance and cleaning, non-domestic use, abuse, misuse, accident, casualty, or alteration or damage due to extreme conditions, such as fire and flooding. All of Larose Guyon’s products are in solid brass or are plated by dedicated artisans conscientious and knowledgeable in its craft.  Copper and brass has a natural reaction of oxidizing when exposed to air giving it character and depth.  The products may develop a patina over time which is the natural and intentional process of their handmade products, not a manufacturing defect.  They have applied a protective layer to their products to slow the oxidizing process.  Should you remove the protective layer, they cannot be held responsible for the increase in copper oxidation. Do not try to take off the oxidation on the copper or brass.

6.3   Subject to paragraph 6.2, the Purchaser’s sole and exclusive remedy for any breach of Larose Guyon’s warranty, of which Larose Guyon is notified in writing during the warranty period, shall be, at Larose Guyon’s option, the replacement or repair of the Products or its defective parts, or the refund of the sale price of the defective component or Products, provided that the Purchaser promptly sends to Larose Guyon the original proof of purchase of the Products and a notice of defect and satisfactory proof thereof, and in the event of repair or replacement, returns the defective part to Larose Guyon if required by Larose Guyon.
6.4   In no event shall Larose Guyon be liable for loss of profit, loss of use, economic loss, damage to other equipment, or any indirect, consequential, incidental, special, punitive or exemplary damages whatsoever arising out of or relating to any breach to this warranty. The total liability, contractual or in tort, of Larose Guyon relating to any claims arising out of, or in connection with the Products, their sale, delivery, replacement, use, non-use or performance of the Products shall not exceed the price of the Products that give rise to the claim in accordance with these Terms andConditions.
6.5   Except as provided for by applicable law, Larose Guyon makes no representations or warranties, express or implied (including any warranty of merchantability or performance or fitness for particular purpose) other than those expressly mentioned under this warranty with respect to the Products.
6.6   No exchange or refund is accepted by Larose Guyon.

7.   storage

7.1 Larose Guyon can not store the orders once they are completed. If Larose Guyon do not receive the final payment two (2) weeks following the completion date of the order and can not deliverer the order, an additional fee of $125.00 USD per week will be charged on the initial invoice.

8.   Excusable Delay

8.1   If Larose Guyon’s ability to manufacture and deliver the Products shall be curtailed or limited, directly or indirectly, by an impediment beyond Larose Guyon’s control, such as fires, embargoes, labour disputes, non-issuance of work or immigration authorization of Larose Guyon’s employees, withholding of the Products or any components thereof at customs, lack of means of transport, inability to obtain supplies, acts of governmental bodies or agencies, and restrictions in the use or supply of energy, the occurrences shall constitute valid grounds for the suspension of delivery to the Purchaser upon notification and without penalty to Larose Guyon. In such a case, the date of delivery shall be extended for a period equal to the delay. Larose Guyon shall notify the Purchaser promptly of any of those events and specify the revised date of delivery as soon as practical.
8.2    Any delay caused by the Purchaser shall automatically delay the delivery of the Products for a period of time to be at least equal to such delay without any liability for Larose Guyon. If delivery is delayed by Purchaser, Purchaser agrees to pay any and all storage charges so incurred by Ateliers Guyon upon receipt of Larose Guyon’s invoice.

9.  Intellectual Property

9.1   For the purpose of these Terms and Conditions, “Intellectual Property” means all information, knowledge and experience of a technical and commercial nature, including trademarks, industrial designs, copyrights, trade secrets, and know-how relating to the drawings and Products made by Larose Guyon and to Larose Guyon’s logo and trademark and trade name.  The Purchaser acknowledges the validity and the ownership of Larose Guyon’s Intellectual Property and that such Intellectual Property is and shall remain its property. The Purchaser shall not (i) in any way do anything to infringe upon, harm or contest the validity of the Intellectual Property or (ii) register or use for any reason whatsoever the Intellectual Property. This obligation shall survive and continue to bind the parties after the termination of this agreement.
9.2   The Purchaser agrees not to remove or alter Larose Guyon’s trademarks which are affixed to the Products nor affix any additional trademarks or trade designations to any of the Products which bear Larose Guyon’s trademarks, without the prior written consent of Larose Guyon.

10.  Litigation and Governing Law

10.1     The Terms and Conditions shall be governed by the laws of the Province of Quebec. Any controversy or claim arising out of or relating to these Terms and Conditions will be brought and prosecuted exclusively in the competent courts of the jurisdiction of the party against whom that suit and/or proceeding is instituted.
10.2   Notwithstanding the foregoing, Larose Guyon reserves the right to bring and prosecute any controversy or claim arising out of the provisions of these Terms and Conditions related to Intellectual Property in the competent court of the jurisdiction of its choice.

11.  Miscellaneous

11.1   These Terms and Conditions constitute the entire agreement between Larose Guyon and the Purchaser with regard to the purchase and sale of the Products and shall supersede all prior agreement, undertaking and communications between the Purchaser and Larose Guyon with regard to such purchase and sale. If any provision of this agreement is found to be null or unenforceable, the remainder shall continue to be in full force and effect.