STANDARD TERMS AND CONDITIONS OF SALE
Oppein Cabinet Canada West Ltd. (OCCW)
1. Acceptance of Terms
By placing an order with Oppein Cabinet Canada West Ltd. ("OCCW"), you ("the Buyer") accept and agree to these Terms and Conditions. Any terms not agreed upon in writing are not valid. OCCW reserves the right to modify these terms at any time, with prior notice to Buyers via email or written communication at least 30 days before changes take effect. Buyers will be deemed to accept the revised terms by placing new orders after the effective date. Historical versions of these terms will be archived on our website with effective dates for reference.Orders are accepted upon the Buyer’s written or electronic confirmation (e.g., signed purchase order, payment of deposit, or electronic order submission), which constitutes agreement to these terms.If the Buyer is a consumer, additional rights under the British Columbia Business Practices and Consumer Protection Act may apply and are not affected by these terms.
2. Pricing and Payment Terms
Prices quoted are subject to change until confirmed in a written purchase order. Once confirmed, prices are locked unless otherwise agreed or in cases of significant raw material cost increases (with prior written notice to the Buyer at least 14 days before adjustment). Prices exclude applicable taxes, shipping, and additional services (e.g., installation), which will be itemized in the purchase order or invoice.Payment is due as agreed upon in the purchase order via accepted methods (e.g., bank transfer, credit card) and per the payment schedule (e.g., 30% deposit upon order confirmation, balance before delivery). Late payments may incur interest charges at a rate of 1.5% per month (18% annualized), calculated daily and compounded monthly, unless otherwise prohibited by law.
3. Order Confirmation and Changes
Orders are confirmed only after OCCW issues a written confirmation (e.g., purchase order acknowledgment).Any requested changes or cancellations by the Buyer must be submitted in writing within 48 hours of order confirmation for standard products or as specified for custom orders. Changes or cancellations may result in additional fees, calculated based on incurred costs (e.g., production, materials) or a percentage of the order value (up to 20%), particularly for custom orders, defined as products manufactured to the Buyer’s specific requirements. Custom orders are non-cancellable once production begins.
4. Delivery and Shipping
OCCW will make reasonable efforts to meet the agreed-upon delivery date, as estimated in the purchase order, but delays due to factors beyond our control (e.g., supply chain disruptions, natural disasters) will not constitute a breach. OCCW will notify the Buyer of any delays and provide updated delivery estimates within 5 business days.Shipping costs are the Buyer’s responsibility unless otherwise agreed upon and will be specified in the purchase order. Delivery terms (e.g., FOB OCCW’s facility) will be indicated in the purchase order, with risk of loss transferring to the Buyer upon delivery to the carrier. Buyers may purchase shipping insurance through OCCW or independently. OCCW will assist with filing claims for damage or loss during transit, provided the Buyer notifies OCCW in writing within 7 days of delivery.
5. Product Inspection and Acceptance
Upon receiving products, the Buyer must inspect them within 30 days for defects, discrepancies, or damage. Any issues must be reported to OCCW in writing within 30 days, including a description and supporting evidence (e.g., photos).Latent defects (not reasonably discoverable upon initial inspection) must be reported within a reasonable time after discovery, not exceeding 12 months from delivery.Failure to report issues within the applicable period indicates acceptance of the products as-is.
6. Returns and Refunds
Returns may only be accepted if authorized by OCCW in writing and must be in unused condition, in the original packaging. Return requests must be submitted in writing within 30 days of delivery, with returns completed within 15 days of authorization.Custom products are non-returnable unless defective or non-conforming to the confirmed order specifications. A restocking fee of up to 10% of the order value may apply for non-custom returns unless the return is due to OCCW’s error (e.g., defective or incorrect products).Refunds, if approved, will be processed within 30 days of OCCW receiving the returned products.
7. Warranty and Limitation of Liability
OCCW provides a limited warranty covering defects in materials and workmanship for two (2) years from the purchase date for standard products and one (1) year for custom products, unless otherwise specified in the purchase order.This warranty does not cover damage due to misuse, alterations, installation not performed or recommended by OCCW, or normal wear and tear. “Improper installation” refers to installation not adhering to OCCW’s provided instructions or industry standards.OCCW’s liability for defective products is limited to replacement, repair, or refund, at our discretion. In no event will OCCW’s liability exceed the purchase price of the products, and OCCW is not liable for indirect, consequential, or incidental damages, except where prohibited by law (e.g., for consumers under the British Columbia Business Practices and Consumer Protection Act).
8. Intellectual Property
All designs, materials, and branding used by OCCW are protected under intellectual property law and cannot be reproduced without express written permission. Buyer-provided designs (e.g., custom specifications or drawings) remain the Buyer’s intellectual property, but OCCW is granted a non-exclusive license to use them for manufacturing the ordered products.Buyers may display installed OCCW products for non-commercial purposes (e.g., home photography) without requiring permission.
9. Governing Law and Dispute Resolution
These terms are governed by the laws of the Province of British Columbia, Canada. Any disputes will be resolved through good-faith negotiation or mediation. If unresolved, disputes will be submitted to the courts of British Columbia. For cross-border Buyers, the parties agree to the exclusive jurisdiction of British Columbia courts.
10. Entire Agreement
These Terms and Conditions, together with the purchase order and any written amendments, constitute the entire agreement between OCCW and the Buyer, superseding any prior agreements or understandings, oral or written. In case of conflict, the purchase order prevails over these terms. Oral representations by OCCW personnel are not binding unless confirmed in writing.
11. Force Majeure
OCCW is not liable for delays or failures to perform due to events beyond its reasonable control, including but not limited to natural disasters, government restrictions, labor disputes, or supply chain disruptions. OCCW will notify the Buyer promptly and work to mitigate impacts.
12. Data Protection
OCCW collects, uses, and stores Buyer personal information in accordance with the British Columbia Personal Information Protection Act (PIPA). Details are available in OCCW’s Privacy Policy on our website.
13. Installation Services
If OCCW provides or recommends installation services, the terms, fees, and warranty (if any) will be specified in the purchase order. OCCW is not liable for installation performed by third parties not recommended by OCCW.
14. Language
These terms are provided in English. Upon request, OCCW may provide translations (e.g., Chinese) for convenience, but the English version prevails in case of discrepancies.
15. Product Specifications and Samples
OCCW will manufacture products according to the specifications in the confirmed purchase order. Samples or displays provided to the Buyer are for illustrative purposes only and may vary slightly in color, texture, or finish due to material characteristics or manufacturing processes. Such variations do not constitute defects unless they materially deviate from the agreed specifications.
16. Compliance with Laws
The Buyer is responsible for ensuring that the ordered products comply with all applicable local laws, regulations, and building codes at the installation site, including zoning, safety, and environmental requirements. OCCW will provide product documentation upon request to assist with compliance verification.
17. Termination
OCCW may terminate any order or agreement with the Buyer if the Buyer fails to make payment when due, breaches these terms, or becomes insolvent. Upon termination, the Buyer remains liable for all amounts owed, including costs incurred by OCCW for partially completed orders. OCCW will provide written notice of termination, and the Buyer will have 7 days to remedy the breach, if applicable.