TERMS AND CONDITIONS OF SALE This writing constitutes an offer by URBAN DESIGN BUILDING MATERIALS (Royal West), (collectively, the “SELLER”) to sell the products described herein in accordance with these terms and conditions. Any of the following acts by the purchaser hereunder (the “BUYER”) constitutes acceptance of these TERMS: (a) placing an order for products via any communication method, including but not limited to, through SELLER’s website at or by phone (b) accepting delivery of products, (c) paying the price for products. No additional or contrary terms and conditions, or product specifications, contained in any purchase order or other communication from BUYER, or any third party, shall be construed as, or constitute a waiver of these TERMS, or acceptance of any such additional terms, conditions or specifications and SELLER hereby objects to such additional or contrary terms, conditions or specifications. SELLER reserves the right, at SELLER’s sole discretion, to limit quantities of products available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. SELLER will contact BUYER if all or any portion of BUYER’s order is canceled or if additional information is required to accept BUYER’s order. If BUYER’s order is canceled by SELLER after BUYER’s credit card has been charged, SELLER will issue a credit to the credit card BUYER used to make the purchase in the amount of the charge. Situations that may result in BUYER’s order being cancelled by SELLER include, but are not limited to: (i) limitations on the quantities of any products available for purchase; (ii) inaccuracies or errors in product or pricing information; (iii) problems identified by SELLER’s credit and fraud avoidance group. SELLER may also require additional verifications or information before accepting any order.

2. DELIVERY. Deliveries of products hereunder shall be (a) FOB SELLER’s warehouse, (with the exception of flooring orders). ALL FLOORING ORDERS (OVER 500 sq. ft.) MUST be shipped direct to site (within 70 KM) without extra shipping charges. On all other product BUYER can choose to pick up at our LANGLEY warehouse, or the BUYER designates a common carrier or BUYER authorizes the SELLER to select a common carrier to pick up products at the SELLER’s warehouse (b) FOB JOBSITE in the event that SELLER provides delivery services as requested by the BUYER. SELLER shall have no further responsibility for the products, and title and all risk of damage to or loss or delay of the products shall pass to BUYER upon acceptance by a common carrier at the SELLER’s warehouse or other facility or the SELLER’s delivery FOB to the BUYER’s jobsite. In each case BUYER shall bear all costs of shipping the products ordered unless otherwise specified.

3. DELAY. SELLER shall not be liable for any loss or damage caused by delay in furnishing any products or services hereunder, or delay in any other performance provided under these TERMS. Delay in the delivery of any products hereunder shall not relieve BUYER from the obligation to accept and pay for the balance of any such products or services ordered hereunder.

4. ACCEPTANCE. In the event of any shortage, damage or discrepancy in or to a shipment of products, BUYER shall promptly report the same to SELLER and provide written and, or picture evidence or any other documentation, as SELLER may deem appropriate. SELLER shall not be liable for any such shortage, damage, or discrepancy unless SELLER has received notice and substantiating evidence from BUYER within five (5) days of delivery or pickup, as applicable. If the substantiating evidence delivered by BUYER demonstrates to SELLER’s satisfaction that SELLER is responsible for such shortage, damage, or discrepancy, SELLER shall deliver additional or substitute products to BUYER in accordance with the delivery procedures set forth herein, provided that any damaged or non-conforming products are returned to the FOB point, in good and merchantable condition, within thirty (30) days of delivery. Product returns are subject to Section 7 below. IN NO EVENT SHALL SELLER BE LIABLE FOR ADDITIONAL EXPENSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES) INCURRED BY BUYER DIRECTLY OR INDIRECTLY AS A RESULT OF ANY SHORTAGE, DAMAGE OR DISCREPANCY IN OR TO A SHIPMENT.

5. PRICE AND PAYMENT. All prices hereunder are subject to change without notice. The price of products on order but not shipped will be adjusted to SELLER’s price in effect at the date of shipment. This especially applies to door orders as the final invoice will adjust currency rate to reflect CND to EURO at the date of payment. All payments hereunder shall be due (30) days after the SELLER’s invoice is issued; however: (i) if BUYER does not have an existing account with SELLER, BUYER must make a payment of (25%) upon placing the order and the balance due prior to product leaving the facility. (ii) If BUYER has an existing account with SELLER, BUYER shall pay the balance within the terms listed in the form of; Visa, MasterCard, Cheque, or through Online Banking. All flooring orders require a (50%) deposit prior to ordering. All Door orders require a (33%) deposit upon signing the contract, a second deposit of (33%) is required prior to the doors leaving the factory and the balance prior to leaving the SELLERS facility. BUYER represents and warrants that (i) the bank account or credit card information BUYER supplies to SELLER is true, correct and complete, (ii) BUYER is duly authorized to use such bank account or credit card for the purchase, (iii) charges incurred by BUYER will be honored by BUYER’s bank or credit card company, and (iv) BUYER will pay charges incurred by BUYER at the posted prices, including all applicable taxes, if any. SELLER will not be responsible: (i) for any charges that BUYER’s bank or credit card issuer may apply to buyer as a result of seller processing buyer’s order; (ii) if buyer’s bank or card issuer refuses or fails to authorize payment by buyer; or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding buyer’s payment or identification. If, and for as long as, any payment from BUYER to SELLER hereunder shall be overdue, interest at the lesser of (a) one and one-half percent (1-1/2%) per month or eighteen percent (18%) per year, or (b) the highest rate of interest allowable, shall automatically become due and payable on all balances outstanding as of the date such payment is overdue. In addition, SELLER shall not be obligated to ship any products ordered hereunder in the event any amount due and payable by BUYER to SELLER hereunder should be more than thirty (30) days overdue.

6. TAXES AND OTHER CHARGES. BUYER shall be responsible for and pay all applicable taxes. If (in the case) of any addition charges SELLER, will provide a quote to BUYER, prior to purchasing.

7. CUSTOMER RETURNS. SELLER will not accept a customer return unless it is authorized in accordance with the policy set forth herein. Special order/non-stock items may not be returned without prior authorization. For all other products, authorization may, at SELLER’s discretion, be granted upon receipt of returned products in saleable condition. Return authorization can be obtained by contacting SELLER at the location from which the product was purchased, at which time the method of authorized return will be specified by SELLER. SELLER’s truck drivers, sales people and other representatives are not allowed to pick up return products at BUYER locations or jobsites unless they have been given prior authorization by SELLER. Items must not be returned via third party carrier without prior authorization by SELLER. Items returned without prior authorization may be refused by SELLER. Products being returned must be in unopened containers, undamaged, or defective, have complete original manufacturer labeling; and must be in saleable condition and returned within 30 days of receiving the product. All returns are subject to a (15%) restocking and re-handling charge on all returns, based on the original sales price (With the exception of Flooring). Flooring will be subjected to a (30%) restocking charge (based on the manufactures terms and conditions) Flooring must be returned to the manufactures warehouse in Richmond via transport or the SELLER will accept the return to the Langley warehouse and charge the BUYER transport from Langley the Richmond warehouse. All special order flooring is NON-returnable. All door order are NON-returnable. SELLER will endeavor to make refunds within five (5) to seven (7) business days of receiving and verifying a return.

8. WARRANTY. All products sold to BUYER hereunder are sold on an “As Is” basis, provided that BUYER may benefit from warranties extended by the manufacturer or producer of the products sold hereunder. Please refer to individual manufacture warranties for more information. In the event the BUYER receives product that is damaged or defective SELLER will inspect the product and provide replacement. In order to receive replacement the BUYER must contact the SELLER immediately upon inspection or goods. At which time the SELLER will inspect the product. The SELLER is not responsible for any product damaged during install. We as the SELLER will work with you as the BUYER to ensure your satisfaction, provided it falls within our manufacture warranty, terms and conditions.

9. GENERAL INFORMATION. The SELLER will contact the BUYER once the product has arrived at their facility. It’s the BUYERS responsibility to pick up their orders within 14 days of the SELLER receiving the product. After the 14 days, a storage fee of ($5) per crate, per week, will be applied. A repackaging fee of (50cents) per SQ. FT. will be added to any quantity ordered outside of crate quantities. Any stone that is prepackaged in handy packs must be purchased in that quantity.