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Terms and Conditions

These Terms & Conditions are a legal agreement between MaxProtex and our affiliated companies (“MaxProtex,” “we,” “us”) and the customer named in the checkout page, application form, purchase order, quotation, or the applicable invoice issued by MaxProtex (the “Customer,” “you,” “your”). Please read all the terms before indicating acceptance. 

These Terms & Conditions apply to any online contract between you and MaxProtex for Products or Services; any direct sales of Products or Services to you from MaxProtex; all the features on our website; and any updates, upgrades, supplements, new features, and additional services we provide from time to time. By purchasing Products or Services from us, or using our website features, the Customer accepts these terms. You are bound by these Terms & Conditions even if you do not read all the terms.

 

Definition of Terms

  1. "MaxProtex" is defined above;
  2. "Customer" is defined above;
  3. "Personal Information" means information about an identifiable individual but excludes business contact information;
  4. "Products" refers to any MaxProtex-branded products available for purchase from us;
  5. "Services" means the services available through our website and any other services MaxProtex may provide from time to time;
  6. "Warranty Period" means seven (7) days from the Products' delivery date.

 

Usage of Services

  1. Use of Services. As a user of our Services, you are authorized to use our site information to research our Product and to use our other information and content, such as our articles and posts. MaxProtex content available through our Service is owned by MaxProtex and is protected by copyright and trademark laws.
  2. Account. Some features of our Service require an account. You agree to maintain the confidentiality of your account login and password.
  3. Restrictions. You are prohibited from using the Services or any MaxProtex content: 

(a) for any unlawful purpose; 

(b) to solicit others to perform or participate in any unlawful acts; 

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 

(f) to submit false or misleading information; 

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

(h) to collect or track the personal information of others; 

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; 

(j) for any obscene or immoral purpose; or 

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

We reserve the right to terminate your use of the Service or access to any of our content for violating any of the prohibited uses.

 

  1. Omissions, Errors. Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  2. Disclaimer. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  3. Modification. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  4. No Liability. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

Purchase of Products or Services

  1. Quotations. The Customer may request a Quotation from MaxProtex, setting out the price and quantity of the Products to be supplied. If the Quotation is acceptable to the Customer, the Customer may place an order within the timeframe stated on the Quotation.
  2. Availability. Certain Products and Services may be available exclusively online through our site. These Products and Services may have limited quantities. We reserve the right to limit the quantities of any Products or Services that we offer.
  3. Representation of Products. We have made every effort to display as accurately as possible the colours and images of our Products that appear on our site. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
  4. Right to Limit Sales. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Any description of Products or pricing is subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited.

 

Acknowledgement of Product Risk 

 

  1. Risk Acknowledgement. You accept the risks of using our Products. Misuse or misapplication of the Products may damage property or personal injury. You agree to read all warnings and instructions that may be supplied with the Products. The application of certain products may impact, damage, discolour, or damage the finish of some surfaces. You agree to test the Products on all surfaces prior to full application. By using our Products, you accept such risks.
  2. No Guarantee. Any technical information, recommendations, and other statements related to the performance and use of Products sold by MaxProtex are based upon tests or experience that we believe to be accurate and reliable, but the accuracy, reliability, or completeness of such information is not guaranteed. Many factors beyond MaxProtex's control, and uniquely within the user's knowledge and control, can affect the use and performance of any Product in a particular application.
  3. Responsibility of Customer. Given the diversity of factors that can affect the use and performance of any Product, you, as the user, are solely responsible for evaluating the Product and determining whether it is fit for the intended purpose and suitable for your method of application. Except where prohibited by law, MaxProtex will not be held liable for any loss, damage, or personal injury arising from any Product, whether direct, indirect, special, incidental or consequential, regardless of the legal theory asserted, including warranty, contract, negligence or strict liability.

 

Price and Payment

  1. Prices. The price shall be as indicated on invoices provided by MaxProtex to the Customer in respect of Products and/or Services supplied. Time for payment for the Products and/or Services shall be of the essence and will be stated on the invoice. If no time is stated, then payment shall be due on delivery.
  2. Changes to Prices. Prices for our Products and Services are subject to change without notice.
  3. Surcharge. MaxProtex reserves the right to implement a surcharge for alterations to specifications of Products after the order has been placed.
  4. Taxes. Customer is responsible for paying the prices payable under each invoice issued by MaxProtex plus any applicable taxes, duties, excises, or other amounts payable under any relevant tax authority.

 

Late Payment or Default in Payment

  1. Payment. Accepted methods of payment are cash, cheque, bank draft, direct deposit, credit card, debit card, or by any other method as agreed to between the Customer and MaxProtex.
  2. Late Payment. Late payment shall incur interest at the rate of 24% per annum, calculated on a daily basis. Interest shall be payable on any amounts outstanding from the date payment was due until MaxProtex receives the date payment but without prejudice to MaxProtex's other rights or remedies in respect of the Customer's default in failing to make payment on the due date.
  3. Title. Ownership and Title to the Products remain with MaxProtex until the purchase price and all other monies owed by the Customer have been paid in full. MaxProtex shall be deemed to have been granted a security interest in respect of any Product which has been delivered to the Customer and for which the full purchase price remains unpaid.

 

Delivery, Refunds & Returns

  1. Delivery. Our Delivery Policy applies to the delivery of products. Actual delivery time will be subject to availability of logistics and order fulfilment capacity at date of acceptance of the order.
  2. Risk. Risk of loss or damage to Products and any insurance in transit are your responsibility.
  3. Inspection. Products must be thoroughly inspected by you upon arrival and any claims must be submitted in writing to MaxProtex within five (5) days of receipt of order. MaxProtex is not responsible for shipments that are not claimed within such a period as missing, damaged, lost, or wrong product shipped.
  4. Returns & Refunds. Our Returns Policy applies to refunds and returns for any products.

 

Accuracy, Completeness and Timeliness of Information

  1. Accuracy, Completeness. We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
  2. Timeliness of Information. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Personal Information

Your submission of Personal Information to us when purchasing Products or using any of our Services is governed by our Privacy Policy.

 

Limited Warranty

  1. Limited Warranty. MaxProtex warrants that it will repair or make good any defects in the Product, if written notice of the claim is received by MaxProtex within the Warranty Period. No claim shall be accepted under such warranty outside the Warranty Period or if any attempt to repair the defective goods is made by any person not authorized by MaxProtex or if the defective goods have been modified or incorrectly stored, maintained, or used. If MaxProtex elects to repair or replace any defective Product, such work shall be undertaken at such place as MaxProtex may reasonably specify and the Customer shall be responsible for its cost and risk for shipment of the defective goods to the place specified.
  2. Remedy. The foregoing will be the Customer's sole remedy and MaxProtex's sole liability for any defective Product.

 

Disclaimer of Warranties

  1. Disclaimer. Except for the limited warranty in Section 9, the Products and any Services are provided “AS IS” without additional warranties, conditions or representations of any kind, and MaxProtex expressly disclaims, to the fullest extent permitted by applicable law, any warranty or condition, express or implied, statutory or otherwise, whether arising from trade or course of dealing, including, without limitation, a warranty that any Product or Service (i) shall correspond with a particular description, (ii) are fit for Customer’s particular purpose, (iii) do not and will not infringe any other intellectual property or other proprietary rights of any third party; or (iv) shall be uninterrupted, timely, secure or error-free (as applicable). Your use of, or inability to use, any Product or Service is at your sole risk.

 

Risk & Limitation of Liability

  1. Allocation of Risk. MaxProtex shall not be liable for any monetary damages whatsoever concerning Customer's use of the Products or Services, nor shall MaxProtex be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of these Terms & Conditions, even if MaxProtex is advised of the possibility of such damages. The entire risk as to the results and performance of the Products and Services is assumed by the Customer, and the Customer agrees to implement and adopt reasonable measures to examine and confirm results prior to the use of the Products.
  2. Limitation of Liability. Our total liability, whether under the express or implied terms of these Terms & Conditions, in contract, tort (including negligence or other duty of care) or at common law, for any loss or damage, including but not limited to any damage to property, or personal injury, suffered by Customer or any of Customer's personnel or third parties, whether direct, indirect or special or any other similar damage that may arise or does arise from any Products or Services or any breach of these Terms & Conditions, shall in no event exceed the purchase price paid by the Customer to Provider for the Product or Service in question, under the applicable invoice.

 

Indemnity

You agree to indemnify, defend, and hold harmless MaxProtex and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions, your use or misuse of any Products in a way that is contrary to the specified usage, any breach under the documents incorporated by reference, or your violation of any law or the rights of a third-party.

 

Termination

 

  1. Termination. Without prejudice to any other remedies we may have, MaxProtex reserves the right to suspend or terminate the supply of Products or Services to you for any breach of these Terms & Conditions (including a breach relating to payment), any breach under the documents incorporated by reference, or your violation of any law or the rights of a third party.

MaxProtex will not be liable to the Customer for any loss or damage the Customer suffers because of the exercise of MaxProtex's rights under this Section.

  1. Overdue Amounts/Bankruptcy. In the event that:
  2. any money payable to MaxProtex becomes overdue, or in MaxProtex's opinion, the Customer will be unable to meet its payments as they fall due; or
  3. the Customer becomes bankrupt, insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

iii. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer;

then, without prejudice to MaxProtex's other remedies at law, MaxProtex shall be entitled to cancel all or any part of any order of the Customer that remains unfulfilled or unperformed in addition to, and without prejudice to any other remedies and all amounts owing to MaxProtex shall, whether or not due for payment, immediately become due and payable.

 

General Terms

  1. General Conditions. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  2. Third-Party Links. Certain content, products, and services available via the Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

  1. Feedback. If any Customer submits unsolicited suggestions, product improvement requests, ideas or user feedback, this does not obligate MaxProtex to implement any changes to Products, and we make no assurances that any such ideas will be treated as confidential or proprietary. MaxProtex may elect to adopt or, use or refrain from adopting or using any feedback from users without any compensation, acknowledgement, or attribution.
  2. Severability. In the event that any provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
  3. Waiver. The failure of MaxProtex to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
  4. Entire Agreement; Precedence. These Terms & Conditions and any policies posted by us on our site constitute the entire agreement and understanding between you and us and govern your purchase of Products or Services, superseding any prior or contemporaneous agreements; communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms). If there is any discrepancy or inconsistency between this Agreement and any purchase order, email, attachment, or other document issued by the Customer, these Terms & Conditions will prevail to the extent required to resolve the discrepancy or inconsistency.

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

  1. Governing Law & Venue. These Terms & Conditions and any dispute arising under these terms shall be governed by and construed in accordance with the laws of Ontario (Canada). The parties submit to the exclusive jurisdiction of the courts in the Province of Ontario for the resolution of any disputes under these Terms & Conditions.
  2. Changes. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or use of any Services or purchase of Products following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
  3. Electronic Acceptance. These Terms & Conditions may be agreed to by electronic acceptance.
  4. Questions. Questions about the Terms & Conditions should be sent to info@maxspacestoneworks.com

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