Terms & Conditions

The Buyer shall be bound to these Terms without change unless otherwise set forth in writing and accepted in writing by JRE Hardware Inc.  Any terms and conditions from any other source, including but not limited to, Buyers Purchase Orders or acknowledgments are deemed excluded.  These Terms shall control and take precedence over any conflicting terms and conditions set in any other documents.  An “Order” or Purchase Order means Buyers or any other order or any contract form accepted by JRE in writing.

Conditional Acceptance

• All contracts, quotations and orders are unenforceable until accepted and authorized by the management team of JRE Hardware Inc. (hereinafter JRE). Non-acceptance by management may include but is not limited to credit reasons.
• All quotes regarding JRE Hardware items and Glacier Lite Glass panels are valid for 90 days from issue only. Quotes from non-stock items are valid for glass 30 days from issue only.

Return Policy

• JRE will accept returns within thirty (30) Days from date of purchase with original packaging and receipt for store credit or exchange only. Goods returned after thirty (30) days will receive a store credit only.  Customized goods are not eligible for return.

Orders & Projects

• “Orders” constitute customer projects where an Open Order is created and a deposit is paid onto the account. Deposits are non-refundable as product is put on reserve once monies are received and are no longer part of our saleable inventory.
• Orders must only remain open for a maximum period of 6 months/180 days. After this period, the order may be closed off.  The deposit paid onto the closed order will not be transferrable to a new order.  Delayed orders may be subject to price increases for material, labor and/or storage.
• If Buyer cancels any Order, Buyer is responsible for payment to JRE for reasonable cancellation. Such cancellation charges may include but are not limited to, the Contract Price for all goods and all other direct costs incurred by JRE to the extent not able to be mitigated using reasonable mitigation efforts, and storage.
• JRE will not be responsible for any loss resulting from delays in supply. It is the sole responsibility of the Customer to allow for adequate time which includes contingency for unforeseen delays.
• Customers are permitted to pick up hardware after a deposit has been received. Multiple pick ups can be arranged however the amount paid must cover the cost of the Product.
• Glass Panel Drawings: For certain Orders, JRE will create drawings or conceptual layout illustrations for the Customer. These drawings are only created upon receipt of a deposit.  Once drawings are created, JRE will send a copy via email to the address provided by Buyer for review and approval.  Drawings must be confirmed in writing and a deposit must be received before JRE will order/manufacture any of the glass pertaining to the project.  Should the panels match the approved drawings yet does not fit or work with the project, JRE is not responsible for any costs associated with re-makes.
• After a glass order has been accepted by JRE, the Order cannot be put on hold, modified, cancelled or changed. Payment for glass will be required in full upon JRE Hardware’s receipt of an order acknowledgment from our Supplier as the glass product is confirmed as ‘in production’ and changes can no longer be made.
• Unless otherwise agreed in writing by JRE, all goods supplied by JRE under an Order, including those provided to meet an exact specification, will be subject to tolerances and variations consistent with usage of trade, regular JRE manufacturing practices or practical testing and inspection methods. Such tolerances and variations shall not create any separate JRE warranties.
• JRE shall not be liable for any errors or omissions in glass specifications.
• Engineering & Inspection: The Customer is solely responsible for any Engineering required. Our railing systems are designed to meet all applicable building standards.  It is up the homeowner and/or installer to ensure these standards are being met.
• Should the Customer recruit the services of one of our recommended Installers, JRE Hardware is not responsible for any issues that may arise during installation. JRE Hardware is a supplier of hardware and glass product and in no way has any role in installation.
• Project Assistance: JRE hardware is available for Customer project questions Monday – Friday from 8:00am – 4:30pm.  Although 0ur intent is to provide guidance, Customers should only enter into a project that is within their capabilities.  We offer 30-minute tutorial sessions here on site at no cost.  These sessions must be booked in advance to ensure appropriate staff is available.
• Site Visits: for local Orders within the Regional District of Nanaimo, with a value over $5,000, one (1) complimentary site visit is included. This site visit will be for no more than 60 minutes and is not to be relied on by the Customer as confirmation of project specifications, measurements, engineering, inspection, or design.  Subsequent site visits will be charged at a cost of $150/hour.

Payment Terms

• JRE accepts VISA, Mastercard, EFT, Interac, e-transfer, bank draft, cheque and cash. Please note that all credit card charges over $750 will be subject to a 3% processing fee.  This also applies to multiple payments of $750 which add up to the sum of the amount due.  Cheques can be made out to JRE Hardware Inc.  The Invoice or Order number must be clearly referenced in any payment.  E-transfers can be sent to info@jrehardware.com
• The Invoice or Order number must be clearly referenced in any payment
• The purchaser will pay the total purchase price within 30 days of date of invoice (OAC). In default of payment the purchaser agrees to pay interest on the unpaid balance at the rate of 2% per month (26.82% per annum). The customer also authorizes JRE to withdraw funds from Visa or MasterCard, as supplied to JRE on the original contract or credit agreement. (We do not store CC info – should we start in the event of non-payment?)
• Custom orders and Project orders are payable as follows: At time of order, a non- refundable 50% is required. Subsequent payments are due when the value of product exceeds the deposit amount.  The remaining balance is payable prior to shipment or delivery of remaining products.
• Buyer shall be responsible for JRE’s costs of collection, including but not limited to, legal costs of a solicitor and own client basis in the event of Buyer’s default or non-payment. JRE reserves the right to withhold future shipments if timely payment for prior shipments has not been received.
• JRE reserves the right to exercise its Builders Lien rights to ensure collectability of the account and all such other measures as agreed in the original contract and credit agreement.

Sales Tax

• The purchaser will pay the appropriate adjustment should there be a change after the date of contract in the in the rate of federal and provincial sales tax.

Delivery

• The purchaser will provide an authorized representative to accept and acknowledge delivery of the material. If this is not done, previous practice will prevail. The purchaser agrees that shipping damage or shortages not noted at the time of delivery will be the responsibility of the purchaser. All orders are FOB Shipping from Nanaimo unless otherwise noted
• JRE will provide a cost estimate for delivery based on your project requirements. All deliveries outside of Nanaimo will have a $5/km surcharge applied.
• JRE will only deliver to one location that is at ground level, is easily accessible, and is an exterior location on the site of the Buyers choosing.

General Liability

• No liability for damages will be attributed to JRE resulting from unstable or improper use, improper assembly and improper commissioning or handling by the Buyer or by Third Parties, normal wear and tear or premature erosion due to the nature of the material or the nature of its use, improper or negligent handling or storage, improper maintenance, defective construction works, unsuitable building ground, exposure to the elements, damage caused by insects or similar pests, chemical, or electrical influences unless JRE is responsible for such influences.
• The cost of cleaning the glass, metal, or related products is not included in the contract price.
• JRE will not assume responsibility of damages from condensation or frosting of glass and aluminum products.
• JRE will not assume responsibility for any repairs done, or materials supplied by 3rd parties unless previously authorized by management of JRE.
• Any non-standard products or custom fabricated material ordered by the purchaser, which is not used for any reason, will not be accepted back for credit and will be charged to the purchaser at the contract price.
• JRE assumes no responsibility for scratched glass per ASTM Standards.
• No goods may be returned without a return authorization form and number. Such number must be clearly visible on the exterior of crates.
• The customer agrees that s/he has read all applicable warranties and agrees that once this document(s) is signed the terms and conditions shall also be applicable on all future orders.
• Failure of performance compliance must be reported to JRE within 6 working days of installation.
• JRE contract and/or agreement shall have priority over any customer purchase order.
• As general and continuing security for the payment and performance of our obligation, the applicant(s) hereby grant to JRE Hardware Inc. a security interest in all our present and after acquired personal property.
• JRE assumes no responsibility for project specific engineering.
• Goods provided by JRE are designed to meet or exceed current building standards. The Buyer is responsible is for ensuring that building standards are adhered to.
• JRE does not provide installation for goods sold however, JRE can provide referrals upon request.  JRE is not responsible for any damages that result from Installer.
• JRE accepts no responsibility for loss or damage to Buyer’s property during installation.

Delivery: Title to Goods and Risk of Loss

• The delivery date, if specifically stated on the Order is an estimate only and JRE shall not be bound by such date.
• JRE shall not be liable for direct, incidental or consequential loss or damage to the Buyer, or to any third parties due to delay or not delivering in accordance with the estimated delivery date regardless of the cause. Buyer has the option of picking up the goods at the JRE warehouse.
• Title to the goods shall pass at the time the goods leave the JRE facility unless otherwise set forth in writing by JRE.
• Risk of Loss shall be transferred to the Buyer in accordance with the applicable project shipment and delivery incoterms.
• Force Majeure: In no event shall JRE be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, Covid19, delays in material supply, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that JRE shall use reasonable efforts which are consistent with accepted practices in the fenestration industry to resume performance as soon as practicable under the circumstances.

Storage Charges

• Any completed Orders that Buyer fails to accept by the delivery date stated on the JRE Order shall be subject to storage charges at ( ) per crate (or box?) per day.   These storage charges shall be payable by Buyer net thirty (30) days.
• Under no circumstances shall JRE be liable for any costs, fees, damages or loss of goods or materials stored pursuant to this Section.
• JRE specifically disclaims and liability for, or damage resulting from the storage of finished goods or materials stored hereunder in any manner contrary to Industry standards or specific storage requirements identified by JRE in any product documentation.

Shipping Policy

Inspection & Damaged Goods

• Buyer shall inspect the goods upon receipt and will notify JRE in writing (including photos of damage) of any claim that the goods are nonconforming within twelve (12) hours of delivery.
• JRE shall be allowed a reasonable opportunity to inspect the goods and cure any claim of alleged non-conformity, including reasonable access to the goods whether on Buyer’s premises or at a storage facility or on job-site.

Disputes and Applicable Law

• These Terms shall be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein. Any dispute or controversy occurring between the parties hereto relating to the interpretation or implementation of any of the of these Terms shall be resolved by arbitration.  Such arbitration shall be conducted by a single arbitrator appointed by agreement between the parties, or, in default of agreement, such arbitrator shall be appointed in accordance with the provisions of the Arbitration Act or any re-enactment or amendment thereof.   Any arbitration shall be held in the City of Nanaimo.  The procedure to be followed shall be agreed by the parties or, in default of agreement, determined by the arbitrator.  The decision arrived at by the arbitrator shall be final and binding and no appeal shall be therefrom.

Severability

• If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as these Terms had been agreed with in the invalid, illegal or unenforceable provision eliminated.

Entire Agreement

• JRE’s Quote, these Terms, JRE’s Order Confirmation, Booking Order, JRE’s Limited Warranty (if applicable, and as issued by JRE), and any supplemental documents annexed hereto by JRE contains the complete and entire agreement between the parties as the subject matter hereof, and replaced and supersedes any prior contemporaneous communications, representation, or agreements whether oral or written, with respect to such subject matter.

Authority to Sign

• The individual executing these Terms represents that they are authorized to execute and to bind the entities on whose behalf they are signing.

CHANGES

We may update this  policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our  practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at service@jrehardware.com or by mail using the details provided below:

1870 Dufferin Crescent, Nanaimo, BC, V9S 0A9, Canada