Common use of Selection of Colour and Materials Clause in Contracts

Selection of Colour and Materials. The colour selection of all exterior materials including paint, bricks, stone and other finishes shall be determined by the Vendor to conform with the colour scheme approved by the Vendor's architect and by the Municipality. If, in the opinion of the Vendor, the stage of completion of the Dwelling permits, the Purchaser may select interior colours and materials from the Vendor’s samples, all such selections to be made at the time of the Purchaser’s appointment with the Vendor’s colour consultant, the date and time of such appointment to be determined by the Vendor and communicated to the Purchaser. If the Purchaser does not appear for such colour appointment at the time and place designated by the Vendor and subsequently refuses to appear for any and all rescheduled appointments, then the Vendor shall have the right, in its sole discretion, to (i) make the necessary selections in order to maintain the construction schedule or (ii) elect to treat the Purchaser’s default as a wrongful repudiation of this Agreement by the Purchaser and terminate this Agreement by written notice to the Purchaser or its Solicitors whereupon the Vendor shall be entitled to retain the Deposit and all amounts paid for extras and/or upgrades as liquidated damages and not as penalty and without prejudice to the Vendor’s right to recover any additional losses and damages which Vendor may suffer or incur as a result of Purchaser’s default. If any interior or exterior selection made by the Purchaser is not reasonably available during construction, the Vendor shall notify the Purchaser and provide an opportunity to the Purchaser to make or approve an alternate selection of at least equal quality from the Vendor’s samples, providing the Purchaser responds in a timely fashion in order to maintain the construction schedule. If the Purchaser has not finalized and made applicable payment for the selections within five (5) days of notification by the Vendor in the case of original selections, or five (5) days of notification in the case of an alternate selection, the Vendor may exercise all of the Purchaser’s rights to colour and material selections and such selections by the Vendor shall be binding upon the Purchaser. If the Purchaser fails to respond, the Purchaser shall accept any colour selections that are determined by the Vendor and there shall be no abatement in the Purchase Price.