Common use of COLOUR SELECTION Clause in Contracts

COLOUR SELECTION. (o) The Purchaser covenants and agrees that he will within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections on the Vendor's standard selection form which when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-select an alternative from the Vendor's available samples. The Purchaser’s failure to so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC and, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-selected by the Purchaser. In the event of default by the Purchaser in re-selection, or failure to make payment in full for upgrades and a re-selection by the Vendor is to be made on behalf of the Purchaser, the re-selection shall be of equal or better quality than the original selection.

Appears in 9 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale, Agreement of Purchase and Sale

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COLOUR SELECTION. (op) The Purchaser covenants and agrees that he will to attend within ten thirty (1030) days of notification any and all notifications from the Vendor attend (the “First Notice Period”) to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections to be noted on the Vendor's standard selection form which and when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event the Purchaser does not so select within the First Notice Period, then the Purchaser shall be given a second opportunity to attend within ten (10) days of notification from the Vendor (the “Second Notice Period”) and make the aforementioned colour and other selections. In the event that the Purchaser does not so select within the Second Notice Period, then the Purchaser shall be given a final opportunity to attend within five (5) days of notification from the Vendor (the “Final Notice Period”) and make the aforementioned colour and other selections. In the event the Purchaser does not so select within the Final Notice Period, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any such event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of Purchase Price and in full satisfaction of the Vendor's obligation herein, or the Vendor may terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections selection would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-attend and re-select an alternative from the Vendor's available samplessamples within seven (7) days of any and all notifications from the Vendor (the “Re-Selection Period”). The Purchaser’s failure to In the event the Purchaser does not so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC andRe-Selection Period, the Vendor may at its sole option, either make such re-selection on behalf of the Purchaser, and in any such event, the Purchaser hereby irrevocably agrees to accept the Vendor's re-selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or the Vendor may terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-selected by the Purchaser. In the event of default by the Purchaser in re-selection, or failure to make payment in full for upgrades and a re-selection by the Vendor is to be made on behalf of the Purchaser, the re-re- selection shall be of equal or better quality than the original selection. The Purchaser acknowledges that many finishing materials are subject to slight colour variations and also to availability. Therefore, from time to time certain finishes may not perfectly match colour samples displayed. Natural materials, such as marble, granite, hardwood and brick are particularly susceptible to such variations.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale

COLOUR SELECTION. (op) The Purchaser covenants and agrees that he will to attend within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections to be noted on the Vendor's standard selection form which and when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections selection would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-select an alternative from the Vendor's available samples. The Purchaser’s failure to In the event the Purchaser does not so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC and, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any such event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-re- selected by the Purchaser. In the event of default by the Purchaser in re-selection, or failure to make payment in full for upgrades and a re-re- selection by the Vendor is to be made on behalf of the Purchaser, the re-selection shall be of equal or better quality than the original selection. The Purchaser acknowledges that many finishing materials are subject to slight colour variations and also to availability. Therefore, from time to time certain finishes may not perfectly match colour samples displayed. Natural materials, such as marble, granite, hardwood and brick are particularly susceptible to such variations.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

COLOUR SELECTION. (o) The Purchaser covenants and agrees that he will within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections on the Vendor's standard selection form which when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-select an alternative from the Vendor's available samples. The Purchaser’s failure to so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC and, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-selected by the Purchaser. In the event of default by the Purchaser in re-re- selection, or failure to make payment in full for upgrades and a re-selection by the Vendor is to be made on behalf of the Purchaser, the re-selection shall be of equal or better quality than the original selection.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

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COLOUR SELECTION. (o) The Purchaser covenants and agrees that he will within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections on the Vendor's standard selection form which when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-select an alternative from the Vendor's available samples. The Purchaser’s failure to so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC and, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-re- selected by the Purchaser. In the event of default by the Purchaser in re-selection, or failure to make payment in full for upgrades and a re-selection by the Vendor is to be made on behalf of the Purchaser, the re-selection shall be of equal or better quality than the original selection.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

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