Terms & Conditions

(Abel Industries (Canada) Ltd., DBA Contract Furniture Solutions and CFS Hospitality)

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1. INTRODUCTION

1.1. These Terms & Conditions of Sale (“Terms”) govern all quotations, Sales Orders, and transactions between Abel Industries (Canada) Ltd., DBA Contract Furniture Solutions and CFS Hospitality (collectively, the “Supplier”) and the purchaser (“Customer”). These Terms form an integral part of every contract between the Supplier and the Customer.

1.2. These Terms become binding upon the earlier of:
(a) the Customer signing the Sales Order,
(b) payment of any deposit or invoice, or
(c) approval of drawings.
Any such action constitutes full acceptance of these Terms.

2. ORDER PROCESSING

2.1. Stock Product: Inventory is not held or allocated until full payment is received.

2.2. Custom & Made-to-Order Products:
A non-refundable deposit is required for all custom or manufactured goods. Shop drawings, engineering development, procurement, and production scheduling will not begin until the deposit has been received and the Sales Order has been executed.

2.3. All drawings must be approved in writing by the Customer. Production will not begin until all drawings, finishes, and COM/COL materials (where applicable) have been received and approved.

2.4. Non-Cancellation:
Once a Sales Order is signed and/or a deposit is paid, all custom orders, made-to-order goods, and manufactured products are non-cancellable, non-returnable, and non-refundable. The Customer is responsible for paying the full contract amount regardless of project delays, changes in circumstance, or inability to receive delivery.

3. SCOPE OF WORK

3.1. The Supplier’s obligations are strictly limited to what is listed on the executed Sales Order.

3.2. Images, renderings, samples, and reference photos are representational only. Final production goods may vary within normal commercial tolerances.

3.3. Model suites, prototypes, or sample units are for review purposes only. Final production goods may differ in colour tone, grain variation, texture, or craftsmanship due to batch production and natural material characteristics.

4. SITE SERVICES

4.1. Installation, assembly, unboxing, leveling, and removal of packaging are not included unless specifically stated on the Sales Order.

4.2. If the Supplier provides onsite training or installation guidance, it is advisory only and does not constitute responsibility for the Customer’s staff, contractors, or installers.

5. LEAD TIMES

5.1. Lead times are estimates only and are not guaranteed. Lead times begin only after:

  • signed Sales Order received
  • deposit paid
  • approved drawings (if applicable)
  • all finishes confirmed
  • all COM/COL materials received

5.2. The Supplier is not liable for missed deadlines, delays, scheduling conflicts, or any costs incurred by the Customer due to delivery timing.

5.3. The Supplier is not responsible for delays caused by events beyond its control (force majeure), including but not limited to: factory shutdowns, material shortages, customs inspections, port congestion, weather, carrier delays, or acts of government.

5.4. Pricing for freight, fuel surcharges, and accessorial fees is based on rates available at the time of quoting. Actual freight charges at the time of shipping may differ and will be charged to the Customer.

5.5. Pricing is valid for 30 days from date of quotation unless otherwise stated.

6. PAYMENT TERMS

6.1. Payments are considered received only when funds have cleared the Supplier’s account.

6.2. Visa and MasterCard payments incur a 2% processing fee.

6.3. Invoice discrepancies must be reported within 5 days, after which the invoice is deemed accepted.

6.4. For custom or made-to-order goods, the full outstanding balance becomes due immediately upon arrival of the goods at the Supplier’s warehouse, whether or not the Customer is ready to accept delivery.

6.5. Any overdue amount bears interest at 1.5% per month starting 30 days after the due date.

6.6. The Supplier may withhold shipping on any order if the Customer has unpaid or past-due invoices on unrelated projects.

7. SHIPPING, DELIVERY & STORAGE

7.1. Unless stated otherwise, all goods are shipped F.O.B. to the delivery address stated on the Sales Order.

7.2. The Supplier may ship in multiple deliveries and from different facilities.

7.3. Payment in full is required before release of goods for delivery or pick-up unless a different arrangement is agreed in writing.

7.4. Additional charges may apply for:

  • changes to delivery instructions
  • incomplete or inaccurate delivery details
  • multiple delivery phases requested by Customer
  • re-delivery attempts
  • accessorial charges imposed by carriers

7.5. Delivery Readiness:
The Customer is responsible for ensuring the delivery site is accessible and prepared, including:

  • labour for unloading
  • elevator or dock access
  • permits, clearances, or union labour requirements
  • safe staging area

Failure to provide access will result in additional carrier charges billed to the Customer.

7.6. Mandatory Acceptance Window:
Orders must be accepted within five (5) business days of arriving at the Supplier’s Canadian warehouse. After this period, weekly, non-prorated storage fees apply. Storage is not guaranteed and may be declined at any time.

7.7. Title to all goods remains with the Supplier until full payment has been received.

8. LOSS OR DAMAGE IN TRANSIT

8.1. Visible Damage or Missing Items (Mandatory at Delivery)
All visible damage, shortages, or suspected issues must be recorded on the carrier’s Bill of Lading at the time of delivery.
The Customer must take clear photos and retain all packaging.
Failure to document visible damage at delivery may void the ability to file a freight claim.

8.2. Concealed Damage (48-Hour Reporting Period)
Concealed damage not apparent at delivery must be reported to the Supplier in writing within 48 hours of delivery.
Claims must include photos of the product, packaging, and any supporting documentation.
Claims reported after 48 hours may not be eligible for restitution.

8.3. Maximum Reporting Deadline (5 Days)
Under no circumstances will claims for loss, damage, or shortages be accepted more than five (5) days after delivery.
After this period, goods are deemed fully accepted.

8.4. Claim Approval & Supplier’s Responsibility
If a claim is accepted, the Supplier’s liability is limited to repair, replacement, or credit—at the Supplier’s sole discretion.
The Supplier is not responsible for job-site handling or any indirect or consequential damages.

8.5. Packaging Retention Requirement
All packaging materials must be retained until claims are resolved. Failure to retain packaging may void the claim.

8.6. Partial Deliveries
For partial shipments, replacement or repair items will be delivered in subsequent shipments or with the final delivery, at the Supplier’s discretion.

9. WARRANTIES

9.1. Products manufactured by the Supplier are warranted to be free from defects in materials and workmanship for:

  • 2 years for standard furniture
  • 5 years for casegoods

The Supplier may repair, replace, or issue credit at its discretion.

9.2. Warranty claims require:
(a) written notice within 30 days of discovery
(b) access for onsite inspection
(c) photos and documentation
(d) Customer-paid removal, disassembly, and return shipping (if required)
(e) Customer-paid reinstallation
(f) adherence to maintenance requirements

9.3. Required Maintenance (Warranty Condition)
Customer must:

  • periodically tighten hardware
  • maintain levelers and protective glides
  • follow cleaning instructions
  • maintain proper humidity and temperature
  • avoid harsh chemicals, steam cleaners, or solvents
  • prevent misuse, dragging, or overloading

Failure to maintain furniture voids warranty.

9.4. Warranty excludes:

  • normal wear and tear
  • fading, pilling, wrinkling, or stretching of fabric
  • damage from commercial cleaners
  • outdoor or semi-outdoor use of indoor furniture
  • labour costs for removal or reinstallation
  • transportation costs
  • damage from job-site conditions (dust, moisture, heat, abuse)

9.5. Natural variations in wood grain, texture, and colour are not defects.

9.6. Items from third-party vendors (e.g., RATANA, FLAT) are warrantied strictly under the original manufacturer’s warranty.

9.7. COM/COL & Non-CFS Fabrics (Enhanced Clause)
Furniture upholstered with Customer’s Own Material (COM/COL) or any material not supplied by CFS is not warrantied, including but not limited to:

  • seam failure
  • wrinkling
  • dye transfer
  • tearing
  • fabric incompatibility
  • manufacturing complications
    If failure occurs and is associated with COM/COL fabric, no warranty claim of any kind will be accepted on the furniture or upholstery.

10. CHANGE ORDERS

10.1. Any changes to quantity, finish, fabric, dimensions, or specifications require a written change order and may affect pricing, lead times, and delivery.

10.2. Only written orders signed by both parties are binding.

11. RETURNS

11.1. Custom, made-to-order, and manufactured products are strictly non-returnable and non-refundable.

11.2. Stock items may be returnable only if:

  • unopened
  • unused
  • in original packaging
  • approved in writing

11.3. All return shipping costs are the responsibility of the Customer.

12. LIMITATION OF LIABILITY & INDEMNIFICATION

12.1. The Supplier’s maximum liability is limited to the value of the goods purchased.

12.2. The Supplier is not liable for indirect, incidental, punitive, or consequential damages, including but not limited to lost profits, downtime, delays, or third-party claims.

12.3. Indemnification:
The Customer agrees to indemnify and hold the Supplier harmless from all claims, damages, and liabilities arising from:

  • improper installation
  • misuse
  • site conditions
  • alterations
  • acts of contractors, employees, designers, or agents

13. SEVERABILITY

If any provision is found invalid, the remaining provisions remain enforceable. A substitute term with similar commercial effect will apply.

14. ACCEPTANCE OF TERMS

By signing the Sales Order, issuing a purchase order, approving drawings, or making payment, the Customer agrees to these Terms.
Electronic signatures and digital approvals are fully binding.

Thank You

Thank you for choosing Contract Furniture Solutions and CFS Hospitality. We look forward to supporting your project needs and future developments.