TERMS & CONDITIONS:
The act of paying the invoice (hereafter, "payment") and the acceptance of that payment represents and/or signals an agreement or contract between the seller and the buyer. The buyer agrees to buy and the seller agrees to sell the "Agreed Product(s)" stated on the invoice. Hereafter, the "Agreed Product(s)" will be referred to as “product(s)” in these terms and conditions. With reference to the supplied invoice, the seller is S.A.M.A. MATS AND EQUIPMENT (hereafter, SAMA). S.A.M.A. MATS AND EQUIPMENT is registered in Canada. Neither SAMA MATS UK nor SAMA Mats Australia are the seller. The buyer is the customer (hereafter, Customer) named under “BILL TO” on the supplied invoice. When Customer makes payment, they place an order. These Terms & Conditions were prepared in Canada. These Terms & Conditions are valid exclusively for any invoices that make direct reference to this webpage and only for invoices that are issued by the seller or an authorised representative on behalf of the seller.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Customer is responsible for reading and understanding these terms and conditions prior to making payment. These terms and conditions govern the sale of any product(s) between SAMA and Customer. Payment of the invoice constitutes an expressed acceptance of these Terms & Conditions, by Customer, as well as a repudiation of any other terms or conditions. Any other terms or conditions shall not constitute part of any agreement between the SAMA and Customer. Customer accepts that information from any and all other sources, other than these terms and conditions and the supplied invoice, do not constitute part of any agreement between SAMA and Customer. Such information may include, but is not limited to the following: website(s) or webpage(s) other than these Terms & Conditions, quotations or estimates, correspondences (e.g. emails, phone calls, etc.), announcements, videos, photos, viewings and demonstrations, or information gathered from events. Customer agrees not to modify the invoice from its originally intended form and that no modification shall have any effect on the agreement. SAMA reserves the right to reject modified invoices. Failing to adhere fully and completely to these terms and conditions is considered, by SAMA, a breach of contract.
2. ESTIMATES OR QUOTATIONS
Estimates or quotations are valid for a period up to seven (7) business days from the date it is sent by SAMA. Email correspondences, internet sources, a quotation that is not explicitly addressed to Customer, verbal discussion, physical gestures, or any other correspondence other than a dated quotation does not constitute or qualify as a quotation.
3. MATCHING SPECIFICATIONS
SAMA provides no guarantee that the product(s) will match Customer’s existing products or any other products that Customer may intend to purchase. This includes matching products with the competitive product(s), or matching products with obsolete product(s), or matching products with updated versions of the same product(s), or assembling products with the competitive product(s). Such 'competitive product(s)' is understood as any product(s) not sold directly to Customer by SAMA. As well 'updated versions of product(s)' is understood as products that have gone through changes in material supply or how SAMA assembles and produces the products.
4. NONDISCLOSURE REQUIREMENT
Disclosing the invoice, estimates, or verbal correspondences between SAMA and Customer to parties other than the named Customer on the invoice or otherwise approved by SAMA, will be deemed a breach of contract.
5. ACCEPTING OR DECLINING ORDERS
Any order is at first subject to acceptance by SAMA. SAMA reserves the right to decline an order without explanation.
4. AGREED TOTAL COST
The "Agreed Total Cost" on the invoice does not include ocean or domestic freight insurance costs, special packaging and labelling requirements, or any additional taxation relating in any way to the product(s) unless explicitly indicated on the invoice. The only taxation costs inclusive to the "Agreed Total Cost" are those due at time of import which means the invoiced amount is zero rated. The Agreed Total Cost is due at the time of order and is non-refundable.
5. ESTIMATED TIME OF ARRIVAL
Unless otherwise stated on the invoice, the Estimated Time of Arrival (ETA) is 12-16 weeks from the time that payment is received in the specified or connected bank account (in the case of credit card payment). It is assumed here that the scope of product(s) is finalised at time of payment. If it is not finalised (e.g. the final drawing, layout, or list of items is not yet complete), the ETA will be based from such time that it becomes finalised. Customer must add two (2) additional weeks for any and all orders placed in January or February due to factory shutdown periods. Customer is responsible for contacting SAMA to request the date from which the ETA is based. The ETA is not the actual time of arrival, i.e. ATA. Rather the ETA is an estimate or projection from past shipments, but future shipments to not necessarily reflect the past ones. SAMA will do its best to meet the ETA or deliver earlier when it is possible to do so. If Customer alters an already finalised scope of products (e.g. Customer initiates a small revision or re-evaluation), the previous ETA is no longer valid. Instead, the ETA will be 12-16 weeks from the time the altered scope of supply is finalised. What is an acceptable alteration to the scope of products is determined solely by SAMA. This is because in some cases the alteration cannot be accommodated (e.g., it is too late to make an amendment or it is otherwise impossible to do so).
6. DELIVERY & SHIPPING
The “Bill to” address noted on the invoice (or the “Ship to” address or "delivery to" address on the invoice) is Customer’s elected delivery location. All products are shipped Free On Board (FOB) to the agreed port (e.g. Toronto, Vancouver, Montreal, Felixstowe, Sydney, or New York). The products are moved by ocean carrier or by train or by freight truck or by some combination of these three freight options. By "Free on Board" SAMA means that freight is included or SAMA assumes delivery without additional charge to Customer's named destination. In some cases, extra freight related charges may apply, but they will be noted on the invoice. Unless otherwise specified on the invoice or directed by Customer otherwise, SAMA (or an authorised representative) will take responsibility for customs clearance and the import related charges. Unless otherwise specified on the invoice or directed by Customer otherwise, SAMA (or an authorised representative) will take responsibility for arranging delivery and paying the related charges.
7. INSURANCE & CLAIMS
Customer is fully and entirely responsible for all claims, collections, compensation, and related costs including legal fees against the ocean or domestic carrier(s) of the products, should those products be damaged or lost during transit or if they arrive late. By "domestic freight" SAMA means all ground freight including train, truck, and all the related handling of products. Customer must contact SAMA for assistance before making any such claims or to discuss alternatives. If Customer requires insurance coverage for either the ocean or domestic carriers, or Customer needs different shipping terms from those specified here, then Customer must contact SAMA to discuss additional costs at time of payment. SAMA will not assume insurance is required, although some carriers automatically grant some insurance. The cost of insurance, or any insurance of any kind, is not included for any domestic or ocean freight carriers used in transporting the products. For domestic carriers, the standard insurance, or compensation, or coverage, as per the domestic carrier’s terms and conditions applies only if the carrier includes such insurances without specific request to do so. Insurance is not always automatically given by the carrier. Customer is responsible for contacting SAMA to request a copy of the terms and conditions from the ocean or domestic carrier at time of payment.
8. DELAYED OR LATE SHIPMENT WAIVER & EXEMPTION FROM LIABILITY, & MAT RENTAL OPTIONS
Customer shall not have the right to reject a delayed or late delivery of products. Customer shall not have the right to hold SAMA responsible in any possible way for late or delayed delivery of the product(s). Customer is prohibited from holding SAMA responsible for any and all costs, financial or otherwise and actual or hypothetically possible, incurred by Customer due to delayed or late delivery or from damaged product(s). Customer can discuss possible rental options with SAMA, but it is Customer's responsibility to approach SAMA to request such advice. SAMA will not accept responsibility for the inability to ship or deliver any product(s) caused by circumstances beyond our immediate and direct control. Customer will not hold SAMA responsible for inability to ship or deliver any product(s) caused by circumstances beyond SAMA's immediate and direct control.
9. LIMITED WARRANTY, USAGE, & LIABILITY
The warranty period is 365 days from the delivery date, which is the date Customer receives the packages. If Customer requires delayed delivery, the warranty period starts once product(s) arrive in storage. Please see additional details below for additional warranty periods and terms and conditions. Whether or not SAMA product(s) have a warranty on them or are eligible for warranty or warranty claim(s) is determined solely by SAMA. Please read these Terms and Conditions in full as warranty is voided under certain conditions (e.g., See Clauses 9, 12, 13, 17, 20, and 23). This warranty is limited to manufacturer’s defects that interfere directly with the function of the product. A potential manufactures defect must be reported to SAMA, and it must be reported within the warranty period. Whether or not a product(s) has a manufacturer's defect is determined solely by SAMA. SAMA will, at its sole option, repair the defect, replace the defective product(s), or refund Customer for product(s). SAMA’s obligation shall be limited to such repair, replacement, or refund. The assessment process, assessment method(s), assessment criteria, determination of repair, replacement, or refund, or whether a product is defective or not, will only be completed by an authorised representative of SAMA. Customer must report any possible defect immediately to SAMA and discontinue use of the product(s). Failing to comply with these terms will result in cancellation of this warranty. Warranty does not cover the cost of freight or shipping of replacements unless agreed to by SAMA in writing. Warranty does not cover the cost of installation or removal. Warranty does not cover the cost of injury to any user. All SAMA product(s) is used at the risk of the individual. SAMA makes no warranties regarding the products provided, either expressed or implied, including, without limitation, warranties as to merchantability and fitness for a particular purpose. SAMA specifically makes no warranties as to the suitability of the products for any particular purpose or application regardless of whether for Customer or affiliates of Customer and regardless of whether SAMA knows of or had reason to know of any such particular purpose or application.
9.1 MMA MATS, TATAMI MATS, GRAPPLING MATS LIMITED WARRANTY, & PRODUCT TOLERANCES
SAMA warrants that the MMA Mats, Tatami Mats, Grappling Mats products shall be free from manufacturing defects under normal use and conditions for a period of 365 days from the delivery date, which is the date that Customer receives the packages. Placement of these products in direct sunlight, whether in use or in storage will void the warranty. And, uses with footwear of any kind, weapons, equipment, weights, bleach, steam cleaners, or cleaners and cleaning products, services, and equipment not approved for use on vinyl, will void the warranty. Generally, any product or item or object not designed for use on vinyl voids warranty. SAMA at its sole discretion can recommend cleaning advice but is not obligated to do so nor is that information instructional in nature. SAMA recommends the permanent installation and normal use only as follows: 1. Products are installed on level floors, cement or inflexible wood floors or sub-floor systems only 2. Products are entirely framed-in on all sides of the matted area using a wood frame where necessary 3. Products are installed in temperature-controlled environments because heating and cooling can damage this product’s vinyl cover 4. Products are not used for temporary set-ups and installations or as a portable mat. SAMA has available a competition or event mat for temporary setups or uses. Abnormal use or installation, as determined solely by SAMA, will void the warranty. The use of glue or cutting the mats voids warranty. These products are not recommended for outdoor use. These products should be cleaned with an appropriate disinfectant after every use. SAMA makes every effort to produce products to the highest specifications and tolerances. There is a tolerance of +/-2mm on the standard 2.0m length. There is a foam density tolerance of +/-5KG/CBM from the average foam density. There is a total thickness tolerance of +/-1mm from the standard thickness.
9.2 QUIKFLEX LIMITED WARRANTY
SAMA warrants that the QuikFlex product shall be free from manufacturing defects under normal use and conditions for a period of 365 days from the date Customer receives the packages (the delivery date). Placement of these products in direct sunlight, whether it is use related or for storage purposes will void the warranty. Using product(s) with footwear of any kind, weapons, equipment, weights, bleach, steam cleaners, or cleaners and cleaning products, services, and equipment not specifically approved for use on sports mats and vinyl surfaces, will void the warranty. SAMA at its sole discretion can pass along possible cleaning advice, but SAMA is not obligated to do so and nor is that information instructional in nature, if and when it is offered. SAMA recommends usage only with fully taped seams with no gaps or well-functioning Velcro connection. These products are not recommended for outdoor use. These products should be cleaned with an appropriate disinfectant after every use.
9.3 FIFTEEN YEAR LIMITED WARRANTY
If explicitely stated on the invoice, products are eligible for a 15-year limited warranty. SAMA will warrant that the products will be free from manufacturing defects under normal use and conditions for a period of fifteen (15) years from the time of delivery, or for such lesser period as the manufacturer of the product warrants its products. This warranty covers the product 100%. This warranty is available for the cost of the mats or mats plus freight included.
9.4 PRINTED ARTWORK WARRANTY
There is no warranty coverage for logo or artwork printing of any kind.
10. DAMAGE WAIVER, & EXEMPTION FROM LIABILITY
All SAMA product(s) are designed and manufactured with a sincere concern for the safety of the end-user. Freedom from injury, however, cannot be guaranteed. Therefore the user(s), including Customer, must assume full and compete responsibility for any and all disease, disorder, or injury incurred from the use of any SAMA product(s), including when Customer uses the wrong product as per these terms and conditions. SAMA is not liable for any and all special, incidental, or consequential damages, in particular, but not limited to, damages from personal injury, disease, or disorder, or property damage, or lost profits and any other losses, financial or otherwise and actual or hypothetically possible, or incurred costs, financial or otherwise and actual or hypothetically possible, in connection with or arising out of any action, inaction, negligence, or strict liability of SAMA relating in any way to the product(s) (or wrong product(s)) or use of the product(s) (or wrong product(s)) it provides, even if SAMA has been advised of the possibility of such potential loss or damage or costs. Generally, Customer is prohibited from holding SAMA responsible for either any and all costs, financial or otherwise and actual or hypothetically possible, incurred by Customer due to any complaints, grievances, claims, or any other statement pertaining to the product(s) and/or SAMA, or any and all possible losses, financial or otherwise and actual or hypothetically possible, incurred by Customer due to any complaints, grievances, claims, or any other statement pertaining to the product(s) and/or SAMA.
11. CAUTION
Any activity involving motion or height creates conditions, which may result in injury. These conditions increase when the equipment is miss-used. In SAMA's opinion, these product(s) should be used only for the purpose for which they were manufactured, under the strict supervision of a qualified and competent adult in a safe and controlled area. Use of products may require strenuous exercise and may lead to serious injury or death. Before using product(s), consult with a physician to determine the level of fitness. Do not use if injured, ill or fatigued. Users assume all risks of injury.
12. ALTERATIONS TO PRODUCTS, USE OF CONTRACTOR(S) REQUIREMENT, & FULL DISCLOSURE TO CONTRACTOR(S)
Alterations or modifications to any product(s) will void all warranty. Customer is responsible for seeking services of a professional contractor(s) for installation of any and all product(s). SAMA product(s) are used by our customers for various purposes many of which SAMA is not aware of directly and/or cannot foresee. A customer may elect to repurpose the product(s) without our knowledge. SAMA, therefore, requires the use of a professional contractor(s) for installation of all SAMA product(s) and failure to do so may result in voiding all warranty. SAMA also requires onsite inspection of the proposed installation area by the elected contractor and failure to do so voids all warranty. SAMA requires that full and complete disclosure of Customer’s intended use of SAMA product(s), be made to the elected contractor by Customer alone, at the time the onsite inspection takes place. Full disclosure includes but is not limited to the following: 1. Explaining any and all planned or foreseeable activates or use on SAMA product(s). The contractor will advise Customer whether or not SAMA product(s) are suited to Customer's purposes. If Customer intends to modify or changes those purposes, they should reconsult the contractor. 2. Explaining planned or proposed installation location of SAMA product(s). The contractor will advise Customer whether SAMA product(s) are suited to the Customer's location(s). If Customer intends to modify or change the location(s), they should reconsult the contractor. 3. Explaining planned use of SAMA product(s), specifically concerning, but not limited to, the permanency or temporary nature of the product(s) setup regardless of frequency of that kind of use in that location or space. If requested by SAMA, Customer must supply the contractor's written documentation showing that SAMA product(s) are adequate to Customer's intended purposes or future purposes, installation location(s), or intended usage(s), as per the contractor's onsite inspection. Failure or refusal to do so voids all warranty. SAMA is not responsible for determining SAMA product(s) suitability to Customer's purposes, and this responsibility falls solely on Customer and/or their elected contractor. SAMA is not responsible for damage to product(s) during installation, or product(s) failure or damage that is a result of installation. SAMA is not responsible for installation instruction and nor should any communications from SAMA be taken as instructional. SAMA is not responsible for damage or product(s) failure that results from short or long term storage. SAMA can provide at its own discretion, installation guidance to support the contractor, although such guidances does not constitute in any way a responsibility on SAMA for fulfilment of the related procedures and outcomes. SAMA can provide at its sole discretion a YouTube video(s) with installation notes to support the contractor, although such notes do not constitute in any way a responsibility on SAMA for fulfilment of the related notes, procedures, suggestions, tips, and noted outcomes or the accuracy of any and all statements or gestures made in the video(s) or its applicability to the elected installation location. The application of supplied video(s), notes, emails, phone conversations, and any all correspondences with SAMA pertaining to installation, alternation, and storage, will be used at the full discretion of the elected contractor by Customer. SAMA will not be accountable or responsible in any way for the fit and finish of SAMA product(s) installed by the elected contractor nor performance factors related to installation that influence the product(s)'s function or longevity. SAMA is not accountable or responsible for the accuracy of drawings or layouts provided to Customer by SAMA or by others.
13. RECEIVING SHIPMENTS, & DAMAGE TO PRODUCTS
Customer shall inspect all products promptly and in full upon receipt and shall document on the bill of lading any and all damage noted in their inspection. Hidden damage should be reported within 24 hours of receipt and SAMA will not assist with damage claims made after that time period. Failing to note damage at time of delivery, will obstruct insurance claims when such claims are possible in the first place. Although SAMA assumes no liability for products damaged during transit or by any ocean or domestic carrier, SAMA will help Customer as much as reasonably possible to recover any such damages from the carrier if it possible to do so. Intentional damage by Customer, or any damage by any domestic carrier(s) or ocean carrier(s), or any handler what so ever, voids any and all warranty. SAMA alone will make these determinations.
14. INDEMNIFICATION
Customer shall indemnify and hold SAMA harmless from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including without limitation, legal fees) imposed upon or incurred by or asserted against SAMA that arise out of or are related to Customer's possession or use of SAMA's product(s). Customer shall defend, at its sole cost and expense, any action brought against SAMA as a result of any personal injury or property damage, and shall indemnify SAMA for all costs (including legal fees and expenses) incurred by SAMA in defending any such claims or establishing its right to indemnification herein.
15. PERFORMANCE IMPOSSIBILITY
Neither party shall be liable for failure or delay in performing under these terms and conditions that is due to causes beyond its reasonable control, such as natural catastrophes, global pandemics, governmental acts or omissions, labour strikes, lockouts or other disturbances, such as but not limited to, war, riot, or difficulties in procuring labour or materials, national or regional holidays, or failure or delay caused by or incurred by the ocean carrier, co-loader, freight company, train company, handling ports and/or warehouse(s), or any other party associated or involved with the production of the product(s), the supply chain more generally, including but not limited to the delivery of the product(s). SAMA is not responsible for explaining or notifying Customer with regard to failure(s) or delay(s).
16. GOVERNING LAW & JURISDICTION
Governing Law: The validity, construction, and interpretation of these terms and conditions, and all rights and duties of SAMA and Customer arising hereunder shall be governed by the laws of the Ontario Superior Court of Justice or Ontario Small Claims Court or Ontario Divisional Courts in (without giving effect to the conflicts of laws principle thereof). Jurisdiction: Customer hereby irrevocably submits to the exclusive jurisdiction of the Ontario Superior Court of Justice or Ontario Small Claims Court or Ontario Divisional Courts in any action or proceeding arising out of or relating to the relationship between SAMA and Customer. Customer hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such court or courts. Customer hereby waives trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract, or otherwise) in any way arising out of, related to, or connected with these standard terms and conditions.
17. RETURN, CANCELLATION, & INSTALLING WRONG PRODUCT(S)
It is not possible to return product(s) or cancel an order of any product(s) to SAMA. Where the wrong product has been received, it is Customer’s responsibility not to install or alter any of the product(s) received. A 'wrong product(s)' is any item not consistent with the invoice. Customer is responsibility for notifying SAMA promptly, if the wrong product(s) has been received. Customer must store the product(s) in a safe and secure location until further instruction is provided by SAMA. If Customer installs or uses the received wrong product(s), then Customer may incur additional charges, fees, or costs related to the product itself or its removal, repair, or diminished value. SAMA is not responsible for any charges, fees, or costs incurred by Customer, or responsible for damage to property or injuries to users, which follow any decision to install and use the wrongly received product. SAMA is not responsible for any costs for replacement or any installation costs following Customer’s decision to install the wrong product. SAMA will subsequently void the warranty on the accepted but wrong product and SAMA may charge Customer for any losses incurred by SAMA or charge Customer for additional costs of accepted product if applicable.
18. CHANGE OF ADDRESS, BEFORE & AFTER DELIVERY
For the purposes of warranty, SAMA requires notification when the installation address is changed but also before the product(s) is removed from the premises, under any and all circumstances, whether that movement of product(s) is a permanent or temporary removal. If the shipping address changes prior to arrival, Customer is responsible for any additional delivery costs or delays to delivery, if applicable. A change of the delivery address does not change the agreement between SAMA and Customer.
19. HARASSMENT
Customer agrees not to engage in verbal or physical conduct prohibited by law directed toward, or differential treatment of, an SAMA and SAMA’s representatives because of their membership in any protected group or on any other prohibited basis (e.g., race, gender and/or gender identity or expression, colour, creed, religion, age, national origin, ethnicity, disability, veteran or military status, sex, sexual orientation, pregnancy, genetic information, marital status or citizenship status). The harasser can be a client of Customer or Customer, a contractor working with the client or Customer, or a representative of the client or Customer. Examples of such conduct include, but are not limited to, offensive or degrading remarks, verbal abuse, or other hostile behaviour such as insulting, teasing, mocking, degrading or ridiculing another person or group, racial slurs, derogatory remarks about a person’s accent, or display of racially offensive symbols, unwelcome or inappropriate physical contact, comments, questions, advances, jokes, epithets or demands, physical assault or stalking, displays or electronic transmission of derogatory, demeaning, threatening, or hostile materials. Other forms of unwanted behaviour or harassment include yelling at SAMA and SAMA’s representatives, black mailing or implying black mail, giving unsolicited advise, threatening to sue SAMA or SAMA’s representatives, or making false statements of any kind and under any context to a SAMA or SAMA representatives. Any and all of these acts will be deemed a breach of these terms and conditions and/or possibly the laws of the governing jurisdiction.
20. CLEANING, CLEANING DAMAGE, USAGE, & VOIDING WARRANTY
SAMA is not responsible for cleaning instruction of any product(s). SAMA recommends neither steam cleaning, nor use of bleach, nor inappropriately high pH level cleaners, nor cleaning products, which are not specifically designed for use on specified surfaces. Damage from cleaning products or from cleaning methods for any SAMA product(s) is not covered under our warranties as outlined in these terms and conditions. SAMA can advise on how to contact experts who offer support and solutions on cleaning products and cleaning methods, but it is Customer's responsibility to contact SAMA for the latter information. Use of street shoes or footwear on any and all product(s) voids any and all warranty, and will be considered a breach of contract by SAMA. SAMA is not responsible for damage or failure of product(s) due to any and all shoes or footwear, weapons or other equipment, objects, persons, or for damage or failure caused by use of any cleaning product(s) or any other methods of cleaning.
21. NEGATIVE REVIEWS & PUBLICATIONS
Customer agrees that any and all negative reviews of SAMA, SAMA’s invoice(s) or contract(s), SAMA’s correspondence(s) with Customer, SAMA’s website(s), SAMA’s employee(s) or representative(s), or SAMA’s product(s) cannot be placed on any Internet website or made publicly available unless it is both read and accepted by SAMA in writing. Customer agrees to pay a $1,000.00CAD or the legal maximum penalty per negative review that does not meet these terms and conditions. Whether the review is negative in nature is at the sole discretion of SAMA. Customer agrees that these terms and conditions apply for anyone in Customer’s immediate party who makes a negative review. Party is defined as follows: any person(s) who is, was, or who will be connected or associated to Customer. Examples include but are not limited to Customer’s client (e.g. student(s), present or former), employees of Customer, contracted service providers, business partner(s), business associate(s), investor(s), person(s) connected through a franchise agreement or connected through any other association(s), person(s) requested to make a negative review against SAMA or where it is implied that Customer wants a negative review to be the case, person(s) otherwise connected to Customer through friendship or association, person(s) who has membership in a related business or a family member(s) of any of these members. The connection to Customer, whether exampled above or not, will be determined at SAMA’s sole discretion.
22. PAYMENT PLANS, OWNERSHIP OF PRODUCT, & RETRIEVAL OF PRODUCT
If and only if Customer has a SAMA Mats Payment Plan as noted on the invoice(s), will this ownership clause apply. The SAMA Mats Payment Plan will be referred to as payment plan hereafter. What SAMA refers to as Down or Down Payment is just the initial payment due at the time of making an order. The down payment is non-refundable once the product(s) has been ordered and paid for. How Customer can fulfil the remaining balance due (or the remainder due), of the payment plan, will be noted on the invoice. For example, the invoice could indicate that the remainder due must be paid prior to delivery, when the payment plan is to be completed before delivery. Failure to satisfy these latter terms and conditions can delay delivery up to 10-12 weeks. Any and all additional warehousing or transportation costs will be Customer's financial responsibility. It is not possible to cancel an order of any product(s) to SAMA. SAMA retains full and complete ownership of product(s) until either full payment is complete and/or a change of ownership notification has been sent to Customer and the notice can only be sent from SAMA. Full payment is considered satisfied when and only when all agreed payments have been successfully received in SAMA's associated bank account. Customer is not permitted under any circumstance to sell, rent, or remove any product(s) from the agreed installation address while SAMA has ownership of the product(s). SAMA will provide email or written notification regarding change of ownership to Customer when the above conditions have been met as determined solely by SAMA. Only SAMA can provide such notification regarding change of ownership to Customer. Customer, under no circumstances, has the right to encumber the retrieval of product(s) when Customer fails to make payments on time, or when SAMA provides notice that the products will be recovered for other reasons outlined in this contract. If Customer encumbers the retrieval of products, Customer is responsible for any and all legal fees, charges, costs, or any and all related costs required for the retrieval of product. By not encumbering the retrieval of products, Customer agrees not to obstruct or otherwise prevent or block SAMA from retrieving, by action or inaction, SAMA’s property, on the set retrieval date made solely by SAMA, and agrees that SAMA will have full uninhibited physical access to the premise, both externally and internally of that premises, to retrieve any and all products within the full scope of all product(s). Customer agrees not to engage in, encourage, or arrange any activities or associations that would prevent SAMA from retrieving SAMA’s property. Customer agrees not to release information, details, or verbal or written correspondences, relating to the property retrieval to anyone not named in this contract. Customer is not permitted to use product(s) as collateral for any other agreements either verbal or written. In particular, the use of product(s) as collateral for rental or mortgage agreements, product purchases elsewhere, bets, trades, or any other debt(s) owing is strictly prohibited. In any case of any product(s) retrieval, no refund will be issued to Customer for any payments made what so ever.
23. BREACH OF CONTRACT
At SAMA’s sole discretion all warranty on product(s) will be voided.