1. AGREEMENT: All sales by Home to the Customer shall be governed by the terms and conditions contained in this Schedule. Special terms contained on Customer’s order forms which are at variance with or in addition to the terms and conditions contained herein are not binding on Home unless specifically accepted by Home in writing. The signature of Customer or Customer’s authorized representative on the invoice or credit application constitutes Customer’s acknowledgement and acceptance of the terms and conditions of the Schedule.

2. MONTH END CREDIT CARD ACCOUNT: Customer account with Home shall accumulate invoices for a one month period, then on the first business day of the following month a payment of the total account balance will be applied to the customers’ supplied credit card account. It is customer’s responsibility to supply Home with any update to credit card information and it is also the customers responsibility to inform Home when the project or job is complete so credit card information may be removed. Customer is also responsible to update authorization list if any changes occur. If a purchaser is not listed on customer authorization list they will not be able to charge on account.

3. WARRANTIES AND DISCLAIMER OF WARRANTIES: Home disclaims any and all express and implied warranties in any way relating to the goods and services (“Goods”) purchased by the Customer whether based on breach of contract, negligence, strict liability or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose except that the Goods shall meet Home’s quality standards. Customer assumes all risk and liability resulting from the use of such Goods whether used singly or in combination with other products or Goods.

4. DELAY IN PERFORMANCE: Home shall not be liable for delay in Home’s performance caused by circumstances beyond Home’s control including without limitation, storm, flood, act of God, fire, war, riot, government action, labour strike or lockout or other labour trouble or shortage or inability to obtain materials, equipment or transportation.

5. HOME LIABILITY: No claim of any kind, whether as to Goods delivered or for non delivery of Goods shall exceed the purchase price of the Goods for which such damages are claimed. In no event shall Home be liable for any of Customer’s lost profits or other special or consequential damages. Home neither assumes nor authorizes any person to assume for Home any other liability in connection with the sale or use of the Goods.

6. PAYMENT TERMS: Upon receipt of invoice, Customer shall pay to Home the full amount stated on the front of the invoice in the box marked “Total”. In addition, Customer is responsible for the ultimate payment of all taxes including without limitation sales and use taxes, stamp charges, licenses, duties and government exactions by whatever name which may be assessed or levied on account of the Goods purchased by Customer. The Customer agrees that any amount unpaid after 30 days from the date of the statement shall accrue interest at a rate of 2.00% per month (26.82% per annum) shall be paid by the Customer until the entire amount including any service charges has been paid in full. The interest rate may be changed from time to time upon written notice of such change. The supply of Goods on credit may be discontinued if the authorized credit limit is reached or the account is past due. Any disputed invoices must be brought to the attention of Home in writing within fifteen (15) days of the receipt of the invoice by the Customer. If Home is not notified then the invoices are deemed correct and undisputed. Customer agrees to pay Home’s costs on a solicitor and client basis should the Customer not pay any amounts due and owing.

7. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and ensure to the benefit of the respective successors and assigns of each of the parties hereto provided however that Customer may not assign this Agreement or any rights hereunder without the prior written consent of Home and any prohibited assignment shall be absolutely void. No consent to any assignment by Home shall release Customer of any of its obligations to Home hereunder.

8. CONSENT: Customer understands the significance and the necessity of giving a consent respecting the collection, use, release, disclosure, communication and holding of personal information, and hereby gives consent, which consent is given voluntarily without any coercion and which will be valid for so long as it is needed. Customer consents to the collection and use by Home, its agents or affiliates of Customer’s personal information to communicate with Customer, to understand the Customer’s needs, to offer relevant products and services to meet those needs and for any purpose not prohibited by law. Should the Customer prefer not to receive these marketing offers or have other questions related to privacy, the Customer may contact Home at 13544 Loyalist Parkway, Picton, Ontario K0K 2T0.

9. AEROPLAN: The Customer acknowledges that House Account charges or month end credit card accounts are NOT eligible for Aeroplan points.

10. GIFT CARDS: The Customer acknowledges that House Account payments CANNOT be made with Home Hardware Gift Cards as stated on the Gift Card.

11. LANGUAGE: The Customer acknowledges that this statement was drafted in the English language in accordance with Customer’s request. Je declare avoir exige que cette convention soient rediges et completes en langue anglaise.