Updated: November 16th, 2021

The following terms and conditions of sale applies to any sale of goods by Impex Stone ("Impex"). The Retailer and the Consumer will be deemed to be fully aware of the terms and conditions expressed below. These terms and conditions will bind the parties in case of delivery and acceptance by the Retailer of the products referred to below.

DEFINITIONS

Impex Stone ("Impex"): is the supplier of products at the retailer.

Retailer:  The retailer buys the products from Impex to resell them to the consumer. The retailer must notify consumers of Impex's Terms and Conditions at the time of a sale. For example,  the consumer must be informed of the Terms and Conditions of Sale, Installation Techniques, Warranty, etc. Impex does not trade directly with the Consumer. The Retailer must also check the goods and confirm their quality BEFORE handing them over to the Consumer.

Consumer:  is the end user of the product and must be informed by the Retailer of all information concerning the Terms and Conditions, installation techniques, warranty, etc.

Installer:  is responsible for installing Impex products according to the Installation Guide and the norms and regulations in force. He must also make sure with the Consumer that the product he installs is the one purchased and that it is of good quality.

National Building Code:  A document describing regulations for the construction of residential, industrial, and commercial buildings in Canada. The document lists the minimum requirements necessary for a building to be constructed safely. 


IMPORTANT NOTICE
Several models of Impex natural stones can be installed both indoors and outdoors while respecting the standards of the National Building Code or any other regulations and standards in force. Note that indoor installation is different from outdoor installation. Before proceeding with the installation of the product, the Installer and the Consumer must ensure that the wall complies with the conditions specified in this document. The Installer and the Consumer are responsible for inspecting the products before they are installed. If the installer doubts the selection of products, the quality of manufacture or final look and cannot place them in a less visible place, nor eliminate the imperfection, he must not install them. Once the product is installed, it is considered to have been accepted by the Installer and the Consumer, even if the latter is absent at the time of installation.

Slate oxidation is a natural phenomenon and some Impex stones could be affected if they are in contact with moisture. In order to reduce the effects, a sealer could delay or mitigate this phenomenon. Impex can at no time be held responsible for this natural process. The Consumer is responsible for ensuring that the product is designed for the desired use. Again, in case of doubt or questioning, inquire with our Customer Service. Since Impex cannot exercise any control over the proper preparation of surfaces, the method of application or the skill of the installer, no guarantee of result, express or implied, is offered.

ORDER PICKING
A period of 48 hours must be allowed to prepare orders. For emergencies, please contact Impex Customer Service. 

PRICING POLICY
Impex reserves the right to change the prices of their products sold through its website at any time and without notice. Note: In the event of a discrepancy between the prices of any paper list and those of the website, the latter have priority.
Unless otherwise stated, prices are given in Canadian dollars and the prices offered are valid for a period of thirty (30) days from the date of the order. The proposed price only applies to the specified quantities, specifications and the determined delivery schedule. Prices are based on the exchange rate that applies at the time of submission or order. Impex reserves the right to revise prices if the exchange rate has fluctuated by more than 10% compared to the rate when submitting or ordering.

PAYMENT CONDITION
Unless otherwise established in writing by Impex, the terms are 30 days net of the invoice date.

IMPEX PRICING AGREEMENT
Unless otherwise specified, all price agreements expire on December 31 of each year.

COD RETAILER  
Orders from COD customers must be paid by credit card at the time of ordering.

PRODUCT AND SAMPLE ORDER
Sample orders will be sent automatically with a product order. If the Retailer wishes to receive the samples without ordering products, he must notify Impex.  
Product orders will be automatically cancelled after 60 days. An email will be sent to the Retailer. The Retailer will have to re-place the order via the Impex website.

PRODUCT OUT OF STOCK
If products are out of stock, they will be mentioned on the order confirmation. If you wish to wait until you have all the products in the order before it is shipped,please let customer service know by email at info@impexstones.com.

CANCELLATION OR MODIFICATION OF ORDER

Please send an email with the order number to info@impexstones.com with the details of the
change.

SHIPPING AND TRANSPORT

The delivery of the Product by Impex will be made within a reasonable time after receipt of the Order from the Retailer, subject to availability. Impex will not be responsible for any delays incurred as a result of loss or damage in transit and failure to deliver punctually will not be considered a serious breach.
Unless otherwise specified in the sales confirmation, Impex's delivery terms are ExWorks (Incoterms® 2010), to its warehouse in Terrebonne, Quebec, and subject to regular packaging and shipping methods.

Unless otherwise specified prior to confirmation of sale, all carrier fees and charges related to the storage or handling of orders will be re-invoiced to retailers.
In the event of loss or damage during transport, the Retailer's sole remedy shall be against the carrier. Impex will, however, reasonably assist the Retailer in its claim with the Carrier, provided that notice of such claim is immediately given by the Retailer to Impex.  

RECEPTION OF GOODS BY THE RETAILER AND THE CONSUMER

The Retailer and the Consumer are responsible for inspecting the goods as soon as they receive them and before signing the delivery note from your carrier. If the goods appear to be damaged, do not sign the delivery note and state on the voucher that the goods are damaged. Any complaints in the quantities delivered in relation to the order or in the quality of the products must be submitted to Impex within 24 hours of receipt of the Product. If Impex does not receive such notice within the stipulated period, the shipment of the goods will be considered conclusive proof that the Product has been delivered as a whole and in good condition.  Impex cannot be held responsible for breakage after the delivery note has been signed and after the goods are delivered to the Consumer. The Retailer must  also confirm the quality of the goods before handing them over to a consumer. Impex cannot be held responsible for damaged goods delivered to the Consumer after having transited or not to the Retailer.

MERCHANDISE RETURN POLICY

Impex does not accept the return of personalized products (manufactured according to the Consumer's specifications) or products that have been the subject of a special order. To request a return of merchandise, you must fill out the web form that can be found in the lower right corner of the Impex website. Note that only customer service is authorized to process return requests. Without authorization, the return will be refused at the door. Return requests must be made within 30 days of the invoice date. The return of the goods must be made within 15 days of receipt of the authorization. No returns of 2 boxes and less. No returns on adhesion products and mortars. Returns are checked as soon as they arrive. Any return with broken stones, torn boxes or in poor condition will be refused and no credit will be issued. All returns must be directed to the Impex’s warehouse. No returns should be shipped to Rosedale’s warehouse.  The 25% restocking fee will be automatically charged.

INSTALLATION GUIDES
Installation Guides are available on the Impex website. We strongly suggest that the Retailer provide an Installation Guide to the Consumer at the time of sale.

TOLERANCE
Unless otherwise established in writing by Impex, a manufacturing tolerance of +/- 2mm is accepted by the industry. The Consumer will be deemed to have accepted the tolerance threshold by accepting Impex products.

APPLICABLE LAWS
These Terms and Conditions are governed by the laws of the Province of Quebec, Canada, without regard to its conflict of laws rules, and the federal laws of Canada applicable therein. The parties undertake to submit any dispute arising from a contract to the competent court of the district of Terrebonne, province of Quebec.  


WARRANTY

Impex products are covered by a 10-year limited warranty from the date of purchase (proof required) when installed in accordance with the standards of the National Building Code,  CSA Standards or any other regulations or standards in force as well as the installation guidelines contained in the manufacturer's product specifications. The original invoice from the authorized distributor must be provided. The warranty does not cover damage resulting from:

- Non-compliant installation.

- Movement of walls caused by soil compaction or otherwise.

- Contact with chemicals, paint, or other products.

- Discoloration caused by the sun, air pollutants, water, or friction.

- Natural stains and oxidation or discoloration caused by an external agent, the sun or friction.

- Misuse.

The warranty only covers defective Impex materials (labor and transportation not included) and is limited to the original purchaser.

Note: In the event of any discrepancy between any Impex document and this document, the latter shall have priority.

CONFIDENTIAL INFORMATION
The Retailer treats confidential or proprietary information of Impex in connection with a contract between the parties and does not disclose it to third parties. The Retailer discloses them only to employees who need to have knowledge of it in the performance of the duties arising from such a contract and such employees use this information only to perform these tasks.


SEVERABILITY OF PROVISIONS
The invalidity, illegality, or unenforceability of a provision of a contract between the parties shall not affect the validity, legality, or enforceability of the other provisions of the contract.

NO WAIVER
Impex's waiver of any provision of a contract is effective only if it is expressly stated in writing and signed by Impex. Failure to exercise any right, remedy, power or privilege under a contract, or any delay in exercising them, shall not constitute a waiver thereof and shall not be derived as a waiver. The exercise in whole or in part of any right, remedy, power, or privilege shall not preclude their subsequent exercise or the exercise of any other right, remedy, power or privilege.