Concrete Cladding – Interior/Exterior
Products
The terms and conditions pertain exclusively to the product. DEKKO, Inc. cladding panels are ultralight, concrete panels designed for interior and exterior decorative commercial, retail, hospitality, institutional, and residential applications; they are not designed for structural applications.
The customer must independently verify that its choice of products and proposed use of the products are suitable for its purpose. DEKKO shall have no liability to the customer as to the suitability of the products for any particular purpose and the customer must rely on its own skill and judgment. We encourage customers to consult the detailed specifications and installation guides available on our website (www.dekko.ca) to ensure proper selection, integration, and installation.
Installation Exclusion
DEKKO does not provide installation services and assumes no liability for installation-related issues, including but not limited to improper handling or mounting, non-compliance with local building codes, installer negligence or damage.
Prices
Quoted prices (product + frt.) are firm for (30) days. Orders received after the protected date of quoted price or price revisions will be accepted at the price in effect at the time the order is received by DEKKO Inc. Quoted prices are per denomination (USD/CAD) noted on the quotation. Prices for DEKKO products are subject to change without notice due to items out of DEKKO’s control, (raw material shortage, tariffs, etc.)
Acceptance
All orders are subject to acceptance by DEKKO Concrete, Inc. an entity of HPC Fire Inspired located at Kingsville, ON Canada and are not binding on DEKKO unless and until so accepted. Acceptance of an order constitutes a complete and binding contract: All governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada.
Delays
Shipment and delivery dates are estimated dates only. DEKKO shall not be liable for any expenses, loss, or damage resulting from delay or prevention of performance caused by fires, floods. Acts of God, strikes, labor disputes, labor shortages, inability to secure materials or equipment or manufacturing facilities, riots, thefts, accidents, transportation delays, acts or failure to act of Government or of customer, major equipment breakdown, fuel shortages, or any other cause whatsoever whether similar or dissimilar to those noted, beyond the reasonable control of DEKKO.
Cancellation
Orders may not be cancelled after deposit is received by DEKKO. Deposit monies are used to purchase major raw materials ordered at time of deposit receipt.
Freight
All orders will be shipped freight allowed. At the customer’s request the freight carrier will be notified to call before delivery, to call for specific delivery instructions, etc. Accessorial charges levied by the freight carrier will be added to the invoice. DEKKO does not allow customer arranged carrier.
Terms
Invoices are due and payable to DEKKO, 50% DUE at time of order and before manufacture and balance DUE prior to shipment unless other terms are set forth by an authorized representative of DEKKO. Any order that is ready to ship will include a (1) week grace period while waiting for final payment after which a $150 USD/CAD per skid/crate per week charge will be accessed until final payment is received. DEKKO charges 3% for AMEX and 2.5% for all other credit cards regardless of project dollar amount.
Taxes
All applicable taxes are for the account of the customer. DEKKO is required to charge sales tax on all purchases by Canadian customers. DEKKO does not charge tax to US clients. If you are a current or potential customer with tax exemption, DEKKO must receive or have on file a copy of your sales tax exemption form.
Claims
All shipments must be inspected upon arrival. Claims for shortage and damages must be noted on the BOL before the driver leaves. Shipping damage must be reported to DEKKO within (24) hours of receiving the product. Concealed damage must be reported to DEKKO within (5) calendar days from the first shipment from DEKKO. The client is to take delivery of all items. If shipping damage, DEKKO will make all claims to the carrier. The client must submit photos and any documentation of the damage and assist with the claim.
Returned Goods
As cladding products are made to order and not stocked, returns are not allowed or accepted.
Warranty
DEKKO warrants to the original customer that all products are free from defects in material or workmanship for a full warranty period of five (5) years from the date of shipment. See formal warranty for detailed information concerning warranty coverage and exclusions. To make a claim under this limited warranty, the original purchaser or subsequent owner must submit the request in writing to DEKKO within the limited warranty period and include the original invoice from DEKKO, Inc. Before any action to the claim, the customer must allow DEKKO’s designated representative to enter the property or structure where the product is installed and examine & photograph for review.
Any repairs or expenses made outside of DEKKO’s factory are for the customer’s account unless DEKKO has given written approval. DEKKO is not responsible for local codes and / or if any of our products are not approved for installation. Please check with your local building department or governing agencies for proper approvals before purchasing. DEKKO is not responsible for the actions including negligence of the installer. “The foregoing warranty and remedy are exclusive and in lieu of all other representations, specifications, warranties and remedies, express or implied, including without limitation warranties of merchantability and fitness for a specified of intended purpose, the remedy specified represents the sole liability of DEKKO and the sole remedy of the customer with respect to or arising out of the equipment or services whether based on contract, tort (including negligence and strict liability), or otherwise.”
Consequential Damages
Notwithstanding any other provision of this contract, in no event shall DEKKO be liable, whether arising under performance of this contract or breach of this contract, tort, including negligence and strict liability, or otherwise, for loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased expense of operation, service interruptions, cost of money, loss of use of capital or revenue, or for any special, incidental or consequential loss or damage.
Limitation of Liability
DEKKO’s liability on any claim of any kind, including negligence or strict liability, for any loss or damage arising out of or relating to this contract shall in no case exceed the contract price of the product giving rise to the claim.
General
This agreement replaces any prior communications whether written, verbal, implied, or expressed between DEKKO, Inc., and the customer, and represents the complete understanding between both parties. Any changes to this agreement must be made in writing and formally accepted by both DEKKO and the customer. If DEKKO does not respond to terms included in a customer’s order or other communications, that silence should not be interpreted as acceptance or waiver of DEKKO’s terms. The customer is responsible for any risks, damages, or injuries resulting from the use of DEKKO products. DEKKO is not liable for any indirect, special, or incidental damages that may occur.
Terms and conditions of sale are subject to change without notice.
