Terms & Conditions of Sale

These Terms and Conditions of Sale, as amended from time to time, govern all our products and sales. The terms cannot be extended, altered or changed by any salesman, agent or person whomsoever other than by the President or a VP.

I. PRICING & TERMS OF PAYMENT

Prices are subject to change without notice. The prices prevailing at the time of shipment are effective. All or any portion of an order not shipped prior to the time of a price change will be invoiced at prices prevailing at the time of shipment. Prices are F.O.B. our warehouses.

All prices are exclusive of all taxes and all such taxes shall be for the account of the purchaser. Unless otherwise agreed to in writing, payment shall be made by the purchaser within 30 calendar days of the date on the invoice. In the event that we are required to bring legal action to collect delinquent accounts, purchaser agrees to pay legal fees (including attorney fees) and all costs of such suit.
Where we offer deliveries a delivery charge will be applied and will be payable by the purchaser. Deductions from remittances are not acceptable unless based on our credit note support in the amount deducted. Unpaid portion of invoices will remain due and owing (the Limitations Act 2002

(Ontario) or any act of similar effect, will not be applicable as our collection efforts which are usually done verbally are ongoing

continuously).

II. CANCELLATION OF ORDERS

The purchaser cannot cancel orders without our prior consent and only in connection with our regularly stocked lines and only when specifically authorized by us.

III. RETURNS OF MERCHANDISE

We reserve the right not to accept returned merchandise. Goods must be returned within 30 days and should such request for return be accepted by the seller, goods must be returned in their full, unopened, and undamaged original packaging.

On accepted returns a handling charge of 20% to 40% will be applicable (depending on the type of goods). Freight and other costs will be charged.

No authorization will be considered for returns of powder products, adhesives, custom or special order goods, seconds or "clearance" goods.

IV. CLAIMS & LIMITATIONS OF LIABILITY

The purchaser is responsible for inspection of materials before the start of the installation. It is also the responsibility of the purchaser to determine whether any product is suited for any particular installation or purpose.

Our liability is limited to acceptance of the return of the material. Should we accept return of merchandise, we may, at our sole discretion, replace such merchandise, or return to the purchaser the amount paid for such merchandise. Returns or claims of any kind will not be given consideration once the goods have been installed, or prior to installation, without an inspection of the goods in question by a designated representative of our company having taken place.

Our company is not responsible and will not be held liable in contract or tort for any indirect or consequential damages, for any reason or cause whatsoever including but not limited to any cost of labour, delay, lost profits, or loss of goodwill arising out of the sale, installation or use of any merchandise supplied. In no event shall the liability of the seller be greater than the price the purchaser paid to the seller for such merchandise.

If any merchandise is sold to a purchaser by a dealer, or is sold by any party other than us, any complaints with respect to such merchandise must be directed to party who sold the merchandise.

IF YOU BELIEVE OR SUSPECT THAT ANY GOODS SOLD TO YOU BY US ARE DEFECTIVE, DO NOT INSTALL ANY OF THOSE GOODS. At such time as the product is installed, cut or altered, the company assumes no further responsibility for the product for any reason whatsoever. For greater certainty, we will not pay any labour costs for repairing or replacing any such goods. (It is therefore recommended that the customer ensure before installation that: the product is satisfactory in every respect; the proper installation conditions exist; and the appropriate installation procedures, including appropriate installation products, are followed.)

Goods sold as seconds, specials, "clearances" and non-regularly stocked goods are sold "as is" and no claims will be considered.

While we endeavour to supply orders on schedule, we do not guarantee or warrant meeting delivery deadlines.

Our products are sold F.O.B. shipping point and upon their receipt by the transporter they become the property of the purchaser. Thus, any claim for damages or loss in transit should be directed to the transporter.

V. WARRANTY RECOMMENDATIONS AND PRODUCT INFORMATION

All tiles are subject to variations in technical specifications, including coefficient of friction (COF) due to inherent variables in the raw materials and production process. Test results on a particular product vary from tile to tile and from test to test. Test results shown on our marketing materials, samples, literature, price list, website, and otherwise provided by us are not guarantees of minimum or maximum thresholds of performance, nor are the usage information, recommendations and the descriptions of our products. They are approximate classifications and are given for guidance only (e.g. see ISO10545-7). They should not be taken to provide definite and accurate product usage, or specifications for specific requirements, etc.

We make no representations or warranties with respect to any goods sold other than as set forth herein.

VI. OTHER TERMS

The purchaser hereby grants and conveys to the seller a purchase money security interest in the merchandise purchased from the seller, which grant of security interest shall expire upon payment in full of all obligations of the purchaser to the seller.

All transactions will be deemed to have been effected through our Head Office in Toronto and the laws and jurisdiction of the Province of Ontario will apply.

August 1, 2009
OLYMPIA TILE INTERNATIONAL INC