Terms of service

General Terms and Conditions

Shipping

Unless specifically referenced as "included" in the estimate, proposal or invoice for this transaction, shipping charges are additional and may be invoiced separately, or added to the final invoice, once all of the equipment has been delivered.

Warranty and Limitation on Liability

Equipment & goods sold by Growhaus Supply (Growhaus) carry all manufacturer's warranties unless otherwise specified and will be passed on to the customer. Growhaus makes no warranties as to items and components furnished and warranted by others or as to any item which is furnished by Growhaus and altered, damaged or misused by others or by inclement weather, flooding, or other casualty.

In the event of a claimed defect in any material or workmanship furnished by Growhaus which is covered by the warranty provided in the prior section, Customer agrees to promptly (and in no event later than 10 days after the defect is discovered) notify Growhaus in writing of the claimed defect in material or workmanship. If such defect is covered by the warranty provided by the manufacturer, Growhaus, at its option, will either repair or replace the defect. If Customer fails to provide written notice to Growhaus within 10 days after the defect is discovered, Growhaus shall not be obligated to honor the warranty claim.

Growhaus reserves the right to inspect all materials and workmanship alleged to be defective or in non-conformance, and Customer agrees to hold and protect all products for which Customer has given notice as stated above until Customer is instructed to do otherwise by Growhaus. While such products are in Customer's possession, Customer shall not alter such products and Customer shall be liable for all damages to said products. No returns will be accepted without proper documentation such as an RMA or without specific instructions from a representative of Growhaus documented in writing.

Except as expressly provided in the first point of this section, Growhaus makes no representation or warranty, express or implied, with respect to the materials and labor it is supplying pursuant to this Agreement and hereby disclaims all representations and warranties, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or habitability.

Growhaus obligations are strictly limited to the obligations expressly set forth in this Agreement. Growhaus neither assumes nor authorizes any person to assume on its behalf any other obligation not set forth in this Agreement. Customer agrees that Growhaus is only willing to enter into this Agreement on certain terms and conditions, one of which is that Growhaus shall have no liability to Customer for indirect, consequential, punitive or special damages. As such, Customer agrees that, in the event of a default by Growhaus, Customer shall only be entitled to recover from Growhaus the value of equipment sold and that, in all cases, Customer's damages shall be limited to a maximum amount equal to the amount paid by Customer to Growhaus for products sold under this Agreement. Growhaus will not be liable for any lost revenues arising from the use of equipment sold by Growhaus or delays in shipping materials which is no fault of Growhaus. Growhaus has the right to hold shipment of any goods if the Customer's account is past due.

Customer agrees to indemnify, defend, and hold Growhaus and its employees and agents harmless from and against any and all damages, claims, losses, liabilities, and / or costs and expenses which are threatened against or incurred by Growhaus as a result of damage to any other property of Customer or any other person.

Customer agrees to pay all costs of collection, including, but not limited to, court costs, attorney fees, and collection agency fees involved in the collection of any past due invoices.

Growhaus and Customer agree that Growhaus may bring an action to collect accounts past due in a court of competent jurisdiction and irrevocably agree and submit to jurisdiction in such court.

All past due amounts under this Agreement shall bear interest from the date past due at the lesser of: (a) one and one-half percent (1.5%) per month (compounded monthly) or (b) the highest rate permitted by applicable law.

Unless specified to the contrary, all prices quoted are F.O.B. factory. Delivery of products may be made by a carrier selected by Growhaus, either by a single delivery or delivery in lots. Title and risk of loss arising from any cause passes to Customer upon delivery to a carrier consigned to Customer. Customer shall be responsible and liable for expenses arising from the unloading of products consigned to Customer.

Times of delivery, when given, are estimated but are not guaranteed. Growhaus shall not be liable to compensate customers for damages resulting from delays in shipment and delivery caused by a Force Majeure Event. In the event of any delay in delivery due to a Force Majeure Event, Customer agrees either to accept delivery at such time as delivery can be effected, or, at its option, to compensate Growhaus for all costs of production (including, but not limited to costs of materials, labor, and overhead) incurred up to the time Growhaus receives written notice of Customer's desire to have production of the order stopped.

 

Freight, Delivery, and Storage Terms

Customer is responsible for unloading and securely storing all materials and equipment shipped to the job site. In order to lower your costs, Growhaus may have your equipment shipped directly from the manufacturer to you. This not only saves time, but decreases shipping costs. Customer is responsible for unloading these direct shipped items.

Once the delivery company has accepted the material, the recipient receiving the shipment is responsible if there is any damage or loss. Therefore, should materials received from vendors other than Growhaus be damaged, Customer is to refuse shipment to ensure timely replacement. Should damaged shipments be accepted, Customer is responsible for filing freight claim with freight forwarder.

Growhaus will make all reasonable efforts to assist in submitting damage claims. If a non-damaged shipment is refused for any reason, Customer agrees to reimburse Growhaus for any loss, including production, shipping and materials costs. Please be very attentive when the equipment is being unloaded and inspect carefully for any freight damage, as well as confirming receipt of all items listed on the Packing List or Bill of Lading. The driver may be in a rush but this is a crucial element of the delivery and one that must be completed. Once the driver has departed with a signature from you or your representatives confirming receipt of all items listed, it then becomes your responsibility if there are any missing or damaged items. Growhaus will order equipment to be shipped directly from the manufacturer's loading docks to you and Growhaus will rely upon the signed Packing List or Bill of Lading to confirm your acceptance of equipment.

We would strongly recommend that whoever accepts delivery take multiple pictures of the equipment at various stages of the unloading, starting at the onset of the delivery, including pictures of the equipment still on the truck. If there is any shipping damage noted after unpacking, please take multiple pictures of the damaged item(s) in the original packaging. This is important as there may be a limited time frame to claim back any damages and pictures will greatly assist in filing a damage claim. PLEASE DO NOT ACCEPT DELIVERY OF VISIBLY DAMAGED ITEMS. Have the driver note on the Bill of Lading or Shipping Documents that you are returning or refusing the damaged items and make sure it is noted on your copy as well.

Remember, you may need a forklift! If you do not have one, or cannot arrange for one, please notify Growhaus and we will do our best to accommodate and assist.

Claim Policy Guidelines for missing or damaged items:

• A sales or shipping department representative of Growhaus must be contacted to process a claim based on damaged or missing materials.

• If the claim is for replacement of damaged material. Documentation and photos shall be submitted indicating proof of damage. We request a driver signature, acknowledging damage on provided Bill of Lading (BOL).

• If a claim is requested for missing material, an evaluation will be conducted to determine reason for occurrence.

• Claims must be submitted within 3 days of receipt for damaged material. It is critical to inspect shipment immediately.

• Claims must be submitted within 30 days of receipt for missing material. It is critical to inspect shipment immediately.

• Return of any material must be approved by Growhaus management and assigned a Return Material Authorization (RMA) number. Shipments may be refused without assigned RMA number.

Change Orders

Please note that Growhaus relies on the accuracy of the dimensions and measurements provided by Customer to place all orders for any equipment or systems that are fabricated or manufactured to order. Customer must carefully review this proposal and ensure that all equipment referenced in this proposal is correct and accurate and Customer agrees to indemnify, defend, and hold Growhaus and its employees and agents harmless from and against any and all damages, claims, losses, liabilities, and / or costs and expenses which are threatened against or incurred as a result of inaccurate information being provided to Growhaus. Any and all changes to this Agreement or products ordered must be memorialized in writing and signed by a representative of Customer and Growhaus. In some circumstances changes may not be allowed or may incur fees from manufacturers.

Duration of Quotation and Confirmation

Unless specified to the contrary, all prices stated on this quotation are subject to change without notice. Growhaus, at its sole discretion, may refuse to accept this Agreement when it is fully executed and returned. In addition, prior to the time that this Agreement is accepted and returned to Growhaus, Growhaus may rescind this proposal by notifying Customer. Finally, if this proposal is timely accepted by Customer, Growhaus shall have twenty (20) business days after the date of such acceptance (the "Review Period") to have its manufacturing and engineering team review the terms and conditions of this Agreement to approve this Agreement. Unless Growhaus notifies the Customer in writing that the Agreement is not acceptable during the Review Period, this Agreement shall become a binding legal contract at the expiration of the Review Period. Growhaus shall have the right to waive the Review Period.

Cancellation

Orders for material or equipment cannot be cancelled after processing an order, either in whole or in part, nor is material returnable for credit or otherwise. The initial deposit is non-refundable.

Period of Limitation

Any claim against Growhaus for alleged breach of any aspect of this Agreement must be commenced within thirty (30) days after delivery. Any claim not brought within said this period shall be forever waived and barred.

Entire Agreement

This Agreement constitutes the entire agreement of Growhaus and Customer. This Agreement supersedes any and all prior understandings, written or oral, between Growhaus and Customer.

Applicable Law

This Agreement shall be interpreted and construed under the laws of the province of Ontario.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at jon@growhaussupply.ca.
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