PRICE, CONDITIONS OF ACCEPTANCE:

Orders are accepted subject to (1) prices in effect at time of shipment and(2) change without notice. Published pricing schedule shows Suggested List Prices and are subject to a trade discount as determined by Mirolin. The acceptance, shipment or delivery of any order is conditional upon approval of Mirolin Credit Department and upon these Terms and Conditions of Sale applying to the order and not any others unless specifically agreed to in writing by Mirolin, which also may require satisfactory security for performance of buyer's obligations before making shipment on any order.

TERMS OF PAYMENT:

A two per cent cash discount is allowed when invoice payments are received within 15 days of invoiced date. Account balances unpaid after 30 days are subject to a 2% per month (24% per annum) service charge.

TAXES, FREIGHT AND SHIPPING:

All taxes extra. All shipments F.O.B. Plant Toronto, Ontario. If Buyer does not stipulate carrier and method of transportation at time of placing order, Mirolin will exercise discretion and ship by carrier of its choice at Buyer's expense.

SHIPMENT SHORTAGES AND SHIPPING DAMAGE:

The packing slip is enclosed to assist Buyer in checking and receiving the Product. Mirolin will not be held responsible for shipping damage. Product should be carefully examined at time of receipt to ensure there is no shortage or damage. Buyer must file a claim with the carrier if a shortage or damage is found at time of delivery, with a notation on the freight bill noting the shortage and/or damage.

RETURNED GOODS POLICY:

Product may not be returned for any reason without prior written consent of Mirolin Sales management. Product returned for any reason other than manufacturing defect or error will be subject to the following terms and conditions:

1. A 20% restocking charge;
2. A repackaging charge of $15.00 per unit;
3. Freight prepaid to Mirolin;
4. All Product to be inspected by a Mirolin sales representative and a Return Goods Request form to be submitted for authorization;
5. Invoice and product serial numbers to be provided;
6. Only product in its original unopened carton to be accepted back, and subject to inspection for concealed or freight damage. Any damage found to be the responsibility of the Buyer and any freight claims to be handled by the returning account;
7. No custom or discontinued product to be returnable under any circumstances; and
8. Any Product returned not meeting the standard of this policy to be denied and returned to the Buyer freight collect.

CUSTOM ORDER, RIGHTS:

All items made to order or Product made to Buyer's specifications are non-returnable and not subject to cancellation under any circumstances. Mirolin reserves the right to discontinue and/or change models, colours, and specifications in design without notice and without incurring obligations.

WARRANTY:

Mirolin warrants all of its Products to be of good quality and to be free of defects in material and workmanship for the applicable limitation periods set out below and will, at its sole option, repair or replace any defective product upon prompt notification to Mirolin and examination by a representative of Mirolin. This warranty will not apply to Products which have been altered in any way without the prior written approval of a senior officer of Mirolin and does not apply to damage caused by improper use or installation. Mirolin will not be liable for any labour or damage or any other related expenses of any kind incurred in connection with the sale of its Products and in no event shall Mirolin be liable for direct, indirect, incidental, special or consequential damages even if Mirolin had been advised of the possibilities of such damages.
This warranty is in lieu of all others express or implied by operation of law or otherwise and may not be extended by Mirolin's representatives, agents, employees and associates or by written sales information or drawings. Mirolin specifically disclaims all conditions and warranties included in those of merchantability and fitness for particular purpose. Mirolin in no way guarantees particular methods of use or application or performance under special conditions.

The following warranty limitations apply:

• All Acrylic Products 5 year Warranty
• Gelcoat 5 year Warranty
• Miroglide Tub and Shower Enclosures 2 year Warranty
• All Whirlpool/Jet Air Systems and Motors 2 year Warranty

MISCELLANEOUS:

Mirolin shall not be liable for any failure to perform which is due to circumstances beyond its control. Buyer may not assign any order or claim against Mirolin arising out of any order without the prior written consent of Mirolin. Mirolin's rights and remedies shall be cumulative and additional to all other remedies provided by law or equity. All orders shall be interpreted under the laws of the Province of Ontario. The order and these terms and conditions contain the entire agreement of the parties relating to any order accepted and may not be waived, changed, modified, extended, or discharged orally but only by a written agreement signed by the party against which such enforcement is sought.