Terms of Sale
Terms of Sale in effect as of June 20, 2023.
THESE TERMS OF SALE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES AS WELL AS APPLICABLE LIMITATIONS AND EXCLUSIONS. PLEASE READ THEM CAREFULLY.
This Agreement covers the terms and conditions (the “Terms of Sale”) that apply to your purchase from JPF Commercial Flooring (“JPF”) and its suppliers’ (“Suppliers”) products as sold through the website www.jpfcommercialflooring.com (the “Website” or “Site”). By making a purchase from the Website, you accept and agree to be bound by these Terms of Sale. These Terms of Sale are subject to change at any time and without prior written notice, at JPF’s sole discretion.
Product Presentation and Pricing:
Product Pricing:
The price of a product shown on the Site represents the full retail price for the product as set by JPF and/or the manufacturer or supplier of the product in question and is based on standard industry practice or the estimated retail value for a comparable product offered elsewhere.
Notwithstanding any contrary information stated in these Terms of Sale, the price displayed does not include shipping and handling fees, customs duties, and other taxes applicable to your order.
You acknowledge that placing an item in a cart on the Website does not reserve the List Price for the subject product shown at that time for a future purchase. It is possible the List Price of the item in your cart may increase or decrease between the time you place the item in your cart and the time you actually purchase the product in question. The final and total cost of the order will be adjusted according to this variation, higher or lower.
Site Content and Product Descriptions:
JPF is not liable for any errors or omissions from the Site, including but not limited to any product presentation page for any product listed for sale on the Site. JPF has the right to change the information, prices, specifications, and descriptions for any products or services presented on the Site at any time without notice. JPF does not guarantee that any product description or content on the Site is accurate, complete, reliable, current, or free of error.
JPF is under no obligation to fulfill an order for a product that was advertised at an incorrect List Price. If there is a mistake in the List Price of a product or service you have ordered, JPF will inform you with as little delay as reasonably possible. After you have been informed of the correct List Price for the product in question, you will be given an opportunity to reorder the product at the correct List Price through a separate transaction (subject to the terms and conditions of these Terms of Sale). If you have already paid for the product in question at the incorrect List Price, JPF will refund you the full amount paid subject to these Terms of Sale.
JPF makes all reasonable efforts to correctly display the color, texture, and details of products presented on the Site. However, JPF cannot guarantee that the color, texture, or detail you see matches that of the actual product. Differences in color, texture, and details may occur as a result of, but not limited to, the computer monitor used to view the products on the Site and the display settings and capabilities of such monitor.
Processing of Orders:
Receiving an electronic or other type of order confirmation does not imply that JPF has accepted your order, nor does it guarantee JPF’s offer to sell the products in question. All orders are received and accepted in the Province of Alberta, Canada.
After receiving your order, JPF reserves the right to decline, refuse, or cancel your order at any time for reasons including but not limited to: (i) non-availability of products, (ii) unsatisfied payment terms, (iii) product pricing mistakes, (iv) restrictions or interdictions on the products’ sale or use, (v) if JPF determines, at its sole discretion, that your order was made for commercial resale purposes, and/or (vi) any other violation of these Terms of Sale.
If you have already paid for the order and JPF cancels it, JPF will immediately issue a refund of the exact amount remitted for the unaccepted or canceled order.
Customized Orders:
Some products available from JPF may be labeled on the Site as, described on JPF’s product quote or invoice as, or otherwise confirmed by JPF as a customized product (collectively referred to as “Customized Orders”).
Unless indicated otherwise in these Terms of Sale, Customized Orders cannot be altered, canceled, or refunded once an invoice has been issued.
All deliveries of Customized Orders must be accepted within thirty (30) days of JPF’s or its agent’s first attempt at delivery (the “First Delivery Attempt”), otherwise storage fees will be applied to your order (75$ / skid / month). If delivery of a Customized Order is not accepted within sixty (60) days of the First Delivery Attempt, the Customized Order will become the property of JPF or the supplier.
Delivery times cannot be guaranteed for Customized Orders. Delivery lead times for Customized Orders are estimations only and may be subject to change.
Container Orders:
Products can be purchased from JPF by the container (“Container Orders”). Container Orders must be placed by contacting JPF by phone at (403) 690-9880. Different products and delivery locations require different Container Order lead times, which may vary significantly.
Fifty percent (50%) of a Container Order must be paid to JPF as soon as the order is placed (called the “Container Order Deposit”), with the remaining fifty percent (50%) due upon delivery.
Unless otherwise stipulated in these Terms of Sale, Container Order deliveries must be arranged with a JPF representative. Container Order delivery options will vary depending on the kinds of products ordered and the delivery address. All other terms provided in these Terms of Sale relating to delivery (including but not limited to the Delivery Cost section) are also applicable to Container Orders.
Container Orders that are also Customized Orders are subject to the payment terms outlined in Section 3 above.
You must open a commercial account (“Commercial Account Opening Form”) with JPF and have it approved by the JPF credit team prior to placing your Container Order; otherwise, your Container Order will not be accepted.
Modifications and Cancellations:
Order Cancellations:
Orders other than Customized Orders and Container Orders may be canceled before delivery has been confirmed, subject to these Terms of Sale.
Order Cancellation requests must be sent to admin@jpfcommercialflooring.com and received and acknowledged by JPF before delivery or pick-up of the order, in accordance with these Terms of Sale.
If the order has already been prepared for pick-up by our supplier at the time the cancellation request is received, Order Cancellation fees may apply.
Order Modifications:
For orders other than Customized Orders and Container Orders, modifications to an order may be requested, provided you understand that:
- Your modified order may entail additional charges.
- Your modified order may result in changes to shipping, handling, and/or delivery costs.
- Your modified order may cause a delivery delay.
- You must submit your request for modification to admin@jpfcommercialflooring.com.
- Your modification request must be received and acknowledged by JPF before delivery or pick-up of the order, as per these Terms of Sale.
Terms of Payment:
Terms of payment are at JPF’s sole discretion. Unless otherwise confirmed in writing by JPF, payment must be received, authorized, or secured in a form approved by JPF prior to its acceptance of an order.
Orders must be paid using an approved credit card, wire transfer, Accord D, electronic funds transfer, or some other prearranged payment method stipulated in a written agreement and accepted by JPF.
Invoices are due and payable by the date(s) specified on the invoice through electronic (including but not limited to email) confirmation between JPF and you.
JPF may separately invoice parts of an order.
Orders are not binding until they are accepted by JPF (see the Processing of Orders section above).
Any estimates given by JPF are only valid for the period stated on the estimate. JPF reserves the right to adjust or cancel estimates as required.
Shipping and Delivery:
General:
JPF offers international delivery based on your Shipping Address. Some restrictions may apply depending on the size and contents of your order and any legal restrictions. Shipping is not available to post office boxes.
Shipping Address:
The JPF delivery agent(s) will deliver your order to the Shipping Address provided at the time of purchase, which is written on your order’s invoice (referred to as the “Shipping Address”).
Estimates:
Delivery dates or lead times provided by JPF are estimated dates/times only and are subject to change. JPF cannot guarantee the date or time your order is delivered.
The actual delivery date for your order depends on many factors, including but not limited to the size and contents of your order, the delivery method, and chosen delivery option(s) that were available when your order was processed.
Delivery Cost:
You are responsible for all costs, including but not limited to customs and duties, related to the shipping and delivery of your order to the Shipping Address.
You must provide JPF with accurate and complete information to facilitate the delivery of your order by JPF and/or its delivery agents.
The shipping rates and delivery pricing provided by JPF are for Standard In-Home Delivery only. Additional charges may apply if JPF is unable to contact you before the delivery date, or if you are unable or unavailable to accept delivery of your order, or if your order must be redirected at your request.
If the quoted shipping rate and/or delivery pricing is incorrect due to typographical error, a mistake in the product’s attributes as described by a Supplier, or a pricing error by JPF’s delivery agents, JPF has the right to refuse, adjust, or cancel the order, even if the order has been confirmed and/or the payment has been received.
Notwithstanding any contrary information stated in these Terms of Sale, the price displayed does not include shipping and handling fees, customs duties, and other taxes applicable to your order.
Delivery Options:
Standard In-Home Delivery: Your order will be delivered to the Shipping Address only, unless a different agreement is made in writing with JPF. Standard In-Home Delivery includes delivery to the Shipping Address and the unloading of the truck by JPF’s delivery agents. If delivery is to a house, the JPF delivery agent will unload your order from the delivery truck and leave it inside your house in the room immediately beyond the door of entry (for example, in a garage if delivery is made through a garage door, or in a hallway or entranceway). Standard In-Home Delivery does not include delivery into a specific room of your house. If delivery is to a condominium or apartment, your order will be left in front of the first inside door for buildings containing an entranceway with two doors. For buildings with no enclosed entranceway, the order will be deposited in front of the door to the building. Standard In-Home Delivery does not include delivery into a specific unit of a condominium or building. The maximum number of staircases included in Standard In-Home Delivery is three floors. If there is an elevator, the delivery will be made using the elevator. In certain cases, additional charges may apply if access to the Shipping Address is not reasonably safe or if additional equipment or personnel is required to complete delivery. Additional delivery options may be available, depending on the products ordered, your location, and the delivery method.
Liability:
Title and Risk of Loss:
The risk of loss for products ordered passes to you upon delivery of the products to the Shipping Address.
Return Policy:
Return Eligibility:
Returns are subject to JPF’s return policy, which may vary depending on the product(s) purchased. Customized Orders and Container Orders are generally not eligible for return. For specific return eligibility and instructions, please refer to JPF’s return policy.
Return Procedure:
To initiate a return, you must contact JPF’s customer service within the designated return period specified in JPF’s return policy. A return authorization may be required. Returned products must be in their original condition and packaging, unless otherwise authorized by JPF.
Refunds:
Refunds for returned products are subject to inspection and approval by JPF. Once your returned products have been received and inspected, JPF will process the refund in accordance with JPF’s return policy.
Limitation of Liability:
To the fullest extent permitted by applicable law, JPF and its Suppliers, as well as their respective officers, directors, employees, and agents, shall not be liable for any indirect, consequential, special, incidental, or punitive damages arising out of or in connection with the purchase or use of products sold on the Site, even if JPF or its Suppliers have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, JPF’s and its Suppliers’ maximum liability for any claim arising out of or in connection with the purchase or use of products sold on the Site shall be limited to the amount paid by you for the product in question.
Miscellaneous:
These Terms of Sale constitute the entire agreement between you and JPF with respect to the subject matter hereof and supersede all prior discussions, communications, and agreements between the parties.
These Terms of Sale shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of laws principles.
If any provision of these Terms of Sale is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
JPF’s failure to enforce any provision of these Terms of Sale shall not be deemed a waiver of such provision or of the right to enforce such provision.
These Terms of Sale are binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
These Terms of Sale may not be assigned by you without the prior written consent of JPF. JPF may assign these Terms of Sale without your consent.
The headings in these Terms of Sale are for convenience only and shall not affect the interpretation of these Terms of Sale.
Contact Information:
If you have any questions or concerns regarding these Terms of Sale, you may contact JPF’s customer service at admin@jpfcommercialflooring.com or by phone at (403) 690-9880.