Terms of service
Last Updated: 14 Aug 2024
These Terms of Service (“Terms”) govern the relationship between MWork Holding Ltd. (“we,” “our,” or “us”) and our customers (“you” or “your”) regarding the purchase and supply of products and services. By placing an order with us or using our services, you agree to the following terms and conditions. MWork Holding Ltd. is based in Port Coquitlam, BC, Canada.
1. Order Acceptance
Subject to Availability: Orders are accepted subject to product availability and our ability to meet delivery schedules. We strive to fulfill all orders promptly, but delays may occur due to factors beyond our control, such as supplier delays or unforeseen circumstances.
Right to Refuse: We reserve the right to refuse or cancel orders at our discretion, particularly in cases where products are unavailable or where there are inaccuracies in pricing or product descriptions.
2. Pricing
Current Prices: Prices, terms, and conditions in effect at the time of shipment will apply. Prices are subject to change without prior notice.
Taxes and Duties: Prices do not include applicable taxes, duties, or other governmental charges unless otherwise stated. You are responsible for any such charges.
3. Payment Terms
Net 30 Days: Payment terms are Net 30 days from the date of shipment for customers with established credit privileges. Payments received after the due date are subject to a finance charge of 2% per month (24% per annum).
Credit Terms: Defaulting on payment terms may result in the revocation of credit privileges without prior notice. Future transactions may require payment in advance or other payment terms at our discretion.
NSF Cheques: A $50 processing fee will be charged for any cheque returned due to non-sufficient funds (NSF).
4. Freight
F.O.B. Warehouse: All shipments are F.O.B. (Free on Board) our warehouse unless otherwise agreed upon in writing. Title and risk of loss pass to you upon delivery to the carrier.
Freight Costs: You are responsible for all freight costs unless otherwise indicated. We will make reasonable efforts to ensure timely delivery, but we are not responsible for delays caused by the carrier.
5. Returned Goods
Return Policy: Returns are only accepted with prior consent and within 30 days of delivery. Returned goods must be in full original packaging, in saleable condition, and accompanied by the original invoice. A minimum 20% restocking fee will apply to all accepted returns.
Non-Returnable Items: Special orders, non-stocked items, discontinued products, and specific items such as micro cement tools, sinks, and faucets are not eligible for return.
Freight on Returns: The cost of returning goods must be prepaid by you unless otherwise agreed upon.
6. Product Claims
Inspection Responsibility: It is your responsibility to inspect and accept the materials prior to installation. Variations in color, size, and finish are inherent characteristics of products such as micro cement, wall panels, and natural materials. Claims based on these factors will not be accepted after installation.
Damage Claims: Claims for damaged materials must be made prior to the materials leaving our warehouse. We are not responsible for damages that occur after the product leaves our premises.
Installation Suitability: You are responsible for determining the suitability of any product for a specific installation or purpose. We recommend careful consideration of installation conditions and procedures, as we will not be liable for issues such as cracking, shading, or loosening after installation.
Labor Costs: No allowances will be made for labor costs or other charges once the material has been installed.
7. Freight Claims
Carrier Responsibility: Delivery to the carrier constitutes delivery to you, regardless of the F.O.B. point or whether freight is prepaid or collect. Claims for lost, damaged, or delayed shipments must be made directly with the freight carrier.
Shortage Claims: All claims for shortages must be reported within ten (10) days of receiving the shipment.
8. Limitation of Liability
No Consequential Damages: In no event shall MWork Holding Ltd. be liable for any consequential, incidental, or special damages, including but not limited to lost profits, lost business opportunities, or other economic losses, arising out of or related to the sale, delivery, installation, use, or inability to use the products.
9. Exclusions
Entire Agreement: These Terms constitute the entire agreement between MWork Holding Ltd. and you. We shall not be bound by any other conditions, whether written, expressed, or implied, other than those contained herein. Any other terms and conditions must be agreed upon in writing by both parties.
10. Governing Law
Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. Any disputes arising under these Terms shall be resolved in the courts of British Columbia.
11. Changes to Terms
Right to Modify: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Continued use of our products or services after such changes constitutes your acceptance of the new Terms.
12. Contact Information
For any questions or concerns regarding these Terms of Service, please contact us at:
MWork Holding Ltd.
Unit 105, 1515 Broadway St.,
Port Coquitlam, BC, V3C 6M2, Canada
Phone: +1 888 900 4757 (Toll-Free)
Email: info@MWork.ca