TERMS AND CONDITIONS OF SERVICE
The following terms and conditions apply to the purchase of any products or services from DreamCast Design and Production Ltd. (the “Company”), and acceptance by the purchaser (the “Customer”) of an order quotation and/or confirmation, as the case may be, as indicated by the signature of the Customer thereon, or the placing of an order on the Company’s website, shall be construed as acceptance of these terms and conditions, which, combined with the order confirmation, constitute the entire agreement between the Customer and the Company:

1. Subject to paragraph 2 hereof, the Company will not begin production of an order until it receives from the Customer full payment of the cost of the order and the signature of the Customer on the order quotation.

2. In the event that product installation comprises the order, the Company will not begin production of the order until it receives from the Customer a non-refundable deposit in an amount equivalent to fifty (50.00%) percent of the total cost of the order and the signature of the Customer on the order quotation. The balance of the total cost of the order shall be due and payable upon installation of the order.

3. All orders are shipped by the Company “free on board”. Delivery by the Company to the carrier shall constitute delivery to the Customer, regardless of whether freight is prepaid, collected, or allowed. Claims for lost or damaged products or delays in transit must be made by the Customer against the carrier. All claims for damage must be reported by the Customer to the carrier and the Company within twenty-four hours of receipt by the Customer of the order.

4. The Company will endeavour to deliver the order to the Customer on or before the anticipated completion date set out in the quotation for the said order; however, if the Company is delayed in delivering the order or in doing anything the Company is required to do pursuant to the order confirmation, and the delay is caused by any condition or cause beyond the reasonable control of the Company including, without limitation, acts or omissions by third parties not related to the Company, strike, labour dispute, climatic condition, act of God, inability to obtain labour or materials, laws, ordinances, rules, regulations, or orders of governmental authorities, enemy or hostile action, civil commotion, fire, or other casualty, the time for completing delivery of an order or for the Company doing anything the Company is required to do pursuant to the order confirmation may be extended by the Company by a time equivalent to the period of such delay.

5. No additional products or services shall be provided by the Company to the Customer or any changes made under an order unless agreed to in writing by the Company. The additional cost, if any, of any such change or additional work shall also be agreed to in writing by the parties hereto. The Customer covenants and agrees to pay and assume responsibility for the payment of the cost of the order and any additional products or services. Costs for products and/or services set out in an order quotation or confirmation are based on a complete order at the time of placement and may be subject to change from time to time at the discretion of the Company without notice to the Customer. 

6. The Company shall retain and own all right, title, and interest in and to all products and services until the cost of the same are paid in full.

7. Discontinued, clearance, sale-priced, and custom-manufactured products are non-refundable, and all sales of discontinued, clearance, sale-priced, and custom-manufactured products are final.

8. Except as expressly set out in the DreamCast Design and Production Warranty, the Company makes no warranty, express or implied, respecting the products or the services, including installation, contained in an order, including, but not limited to, their merchantability or fitness for a particular purpose, and in no event shall the Company be liable to the Customer for any losses or damages of any kind experienced by the Customer resulting from the provision of the products and/or services of the Company. The Customer hereby acknowledges and agrees that sizing is nominal and shading, variation, texture, porosity, and non-structural striations are inherent in concrete and natural stone and shall not be considered defects.

9. The order and any products and/or services supplied in connection with the order shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, and the parties irrevocably attorn to the jurisdiction of the courts of the Province of British Columbia in respect of any dispute relating hereto.

10. All money to be paid or calculated pursuant to an order to be delivered within Canada shall be calculated and paid in Canadian currency. All money to be paid or calculated pursuant to an order to be delivered within the USA shall be calculated and paid in US dollar currency.

11. The Company is a material supplier within the meaning of the Builders Lien Act.

12. The Company shall not be bound by any term or condition, oral, written, or otherwise expressed, except as expressly set out herein. and supersedes any prior agreements, negotiations, or discussions, whether oral or written, of the Company and the Customer, and that there are no representations, warranties, conditions, or collateral contracts, expressed or implied, statutory or otherwise, or applicable hereto, made by the Company, its agents or employees, or any other person on behalf of the Company, other than those contained herein and in the order confirmation, including, without limitation, arising out of any sales brochures, models, websites, showroom displays, photographs, illustrations, or renderings, or other marketing
materials provided to the Customer or made available for his or her viewing.

13. The Customer covenants and agrees to inspect all products prior to installation. The Company will not accept any requests for return or refund following installation of a product, and the Company will not make any allowances for labour costs or other charges incurred in the installation of replacement products. In the event that the Company is willing to accept a return of a product, the Company shall charge the Customer a restocking fee equivalent to no less than twenty-five (25.00%) percent of the cost of the returned product, which restocking fee shall be deducted from the amount refunded by the Company to the Customer. The shipment of products accepted for return by the Company must be prepaid by the Customer, and the returned products must be delivered to the Company in original packing, in saleable condition, and accompanied by original invoice number.