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TERMS AND CONDITIONS

Definitions:

"Hermes" shall mean Hermes Supplies Inc, "Purchaser" shall mean the company or any subsidiary or affiliate purchasing or receiving products under the contract, "Product" shall mean products specified in the contract, "Contract" shall mean commercial or Proforma invoice issued by Hermes to the Purchaser based on confirmed purchase order.

Product Quality Information:

All Hermes products are developed for commercial use only with premium grade materials and are continually tested at the factories and testing laboratories. Product information can be found on the website at www.hermessupplies.com and in the Hermes Supplies binder. All dimensions are considered approximate; Hermes reserves the right to make adjustments in dimensions without prior notice. Hermes reserves the right to make minor changes to specifications, materials and design and to discontinue items without prior notice. Purchaser shall agree that due to the variations in the color of wood in its raw state, Product of wood finishes may have small variations in color. Customer stain matching is available at extra cost of $ 100.00 dollars per stain match. Custom finish matches are valid for 12 months from sample date. After this time custom finish should be rematch and reapproved.

Warranty:

Hermes offers Limited Warranty to the original Purchaser covering defects in material and workmanship, starting from the date of the invoice.

  • Contract Italian Modern Furniture for the period of 3 years.
  • Italian Classic Wooden Chairs for the period of 3 years.
  • Lounge Furniture for the period of 3 years.
  • Design chairs plastic, wood and metal for the period of 3 years.
  • Commercial Wooden Chairs for the period of 2 years.
  • Commercial Wooden Barstools for the period of 2 years.

Purchaser must promptly notify Hermes in writing of any defect in the product. Photos and inspection may be required before making final determination of the claim.
Hermes liability is limited to the repair or replacement of the determined defective product. Hermes determines which method will be used to make the correction. Freight or other shipping charges on returned product or part must be prepaid by the purchaser.
Any reimbursement for repairs locally made must be approved by Hermes in written in advance. Claims for damages or delays occurred during transit or unloading of product must be made directly to the freight companies and are not covered under this Limited Warranty.
This Warranty doesn’t cover repairs and replacement caused by the following:

  1. Unreasonable or abusive use
  2. Chemical stains and damages
  3. Exposure to extreme climate conditions
  4. Modifications by Purchaser
  5. Changes in wood color due to natural aging of the wood
  6. Neglect of reasonable and necessary care and maintenance
  7. Normal wear and tear subjected to weather and use
  8. Force Majeure
  9. Hermes Supplies reserves the right to make changes or amendments to these terms without prior notice

Hermes is not liable for lost of profits, rental replacement costs, and other repair or replacement costs, special, indirect or incidental damages, except set forth herein. Hermes liability is limited to the repair and replacement of the defective product in accordance with the terms of this Warranty. Any dispute between Hermes and the Purchaser arising under or related to the Sales Contract or this Limited Warranty including without limitation the arbitration of such dispute will be interpreted in accordance with the laws of the Province of Quebec, and the Courts of Quebec will have jurisdiction over legal proceedings.

Ordering Information:

All orders should be places via fax or email to:

Hermes Supplies Inc.
600 Hodge Street, Saint Laurent, Quebec, H4N 2A4
P 866.530.3581 F 514.908.1509
order_entry@hermessupplies.com

The following information should be provided:

  • Contact name, including phone, fax numbers and email
  • Hermes item #
  • Choice of wood or metal frame finish
  • Upholstery specifications
  • Quantity
  • Any other specifications including packaging
  • Shipping information: shipping to and bill to information including delivery date on site, contact name and phone number at the delivery location
  • Shipping instructions must be specified.
  • All orders are subject to delay due to labour, transport, supply difficulties, Act of God or other beyond Hermes control. All delivery dates quoted are approximate. Contact Hermes customer service to verify inventory and production schedules.
Method of Payment:

Orders are acknowledged upon receiving of 50% deposit. The balance is due before shipping of the Product. All payments are payable by check, money order and wire transfer only.
Proforma invoice or commercial invoice is issued including detailed description of items, prices, shipping information and date.
Product Prices:
Product prices are subject to change without notice to Purchaser. All purchase orders are subject to final confirmation by Hermes.
Minimum Order:
Some Products may be subjects to minimum order.
Storage Charges:
Postponed shipment beyond Hermes shipping schedule will result in a storage charge at a rate of five percent (5%) per month on total of commercial invoice.
Collection Charges:

Purchaser shall be liable for all collection costs. Overdue accounts will be charged late payment charge of two and one-half percent (2.5%) per month.

CANCELLATIONS:

All orders accepted by Hermes are considered firm and binding and are not subject to cancellation.

Delivery and Rick of Loss:

All prices are FOB Montreal, Quebec. Hermes is not responsible for any loss or damage in transit between Hermes storage facility and Purchaser’s location.

Damaged Merchandise and Freight Claims:
Upon receiving of Product, Purchaser shall promptly exam the Product for any damages, defects or shortages before signing the freight bill and shall wave a claim within ten (10) days after the receipt of the shipment of Product with the transport company. All Damages and / or shortage should be recorded on the bill of lading and freight bill. If the delivery carrier receives clear receipt for the shipment, the carrier is relieved of further responsibility.
COM (Products made with Purchaser’s own material):

COM orders will be scheduled for production only after the material is received and inspected by Hermes. All COM must be shipped prepaid and with marked purchase order number and Purchaser’s name. Hermes reserves the right to refuse any COM.
Hermes Limited Warranty does not cover the quality and durability of COM. Hermes is not responsible for wear, tear or fading of any upholstery or other material, supplied by Hermes or the Purchaser. Hermes is not responsible for the flame retards of any COM.

Product Returns:

A written authorization issued by Hermes customer service department is required for any returns. All returned product must be properly packaged to prevent further damages and must have attached returned authorisation issued by Hermes otherwise shipment shall be refused. RA is issued for the following reasons:

  • Manufacturing defect ( must be inspected by Hermes production representative, with is subject to replacement only)
  • Hermes order processing error
  • Shipping error
  • Duplicate shipments
Hermes Rights:

Hermes retains the right to resell any Product in its possession upon breach of the Contract by the Purchaser. The Purchaser shall remain liable for any deficiency on resale of the Product in effect based on breach of the same Contract. Hermes shall be reimbursed for reasonable attorney’s fees and costs.

Purchaser’s Rights:

Purchaser’s rights are exclusive for shortage of Product, or defective Product and are limited to repair OR replacement. Purchaser shall not have the right to withhold payment or to make reduction of price. Purchaser’s rights are available only if claim is filed within ten (10) days of receiving of the Product and approved.

Limitation of Liability:

Hermes will not be liable to Purchaser for any incidental, consequential, correctional, indirect damages or attorney’s fees, foreseeable or unforeseeable, based on claims of the Purchaser, its clients and purchasers, including but not limited to, claims for loss of profits, goodwill, use of money, use of products or of other assets, arising out of breach of implied warranty, breach of contract, negligence, misrepresentation. Purchaser is responsible for all personal injury and property damage resulting from the use, handling, possession and resale of any Product.

Force Majeure:

Hermes shall not be liable for non-performance or delay due to war, act of the public enemy, act of God, fire flood, explosion, accident, or strike, sabotage, labour trouble, connected with any law, act, regulations, request or recommendation of any governmental authority; shortage or significant increase of costs of fuel, raw materials, energy sources or labour, breakdown of equipment beyond the reasonable control of Hermes interfering with the production and transportation of the Product covered by the Contract.

Dispute Resolution:

Any dispute between Hermes and Purchaser arising under or related to the Contract shall be resolved by or interpreted in accordance with the laws of the Province of Quebec and that the Courts of Quebec will have jurisdiction over legal proceedings in respect of the Contract.