For any sales or product inquiries, TERMS AND CONDITIONS
Terms.
By placing an order, Buyers accept and agree to Westward’s terms and conditions, including the limited warranty, which are subject to change from time to time without prior notice. The current terms and conditions, including the limited warranty, can be obtained at www.westwardtools.ca.
Limitation of Liability.
Any liability of indirect consequential or incidental damages is expressly disclaimed by Westward. Westward's liability in all events for all damages, losses and causes of action (whether in contract, tort or otherwise) shall be limited in the aggregate to and shall not exceed the purchase price paid for the Products in question.
Prompt Disposition.
Westward will make a good faith effort for prompt correction or other adjustment with respect to any Product which proves to be defective within the warranty period as set out above. Please contact the location from which the Product was purchased before returning any Product, giving data and number of original invoice and describing the defect. Westward will give instruction as to the method of returning the Product.
Product Suitability.
Many provinces and locations have laws, codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Westward attempts to ensure that its Products comply with such codes, it cannot guarantee compliance and cannot be responsible for how Products are installed or used. Before purchase and use of a Product, please review the Product, and applicable national, provincial and local laws, codes and regulations and be sure that the Product as well as its installation and use complies with them.
Product Availability.
Products are subject to availability at time of order. Certain Products may be discontinued from time to time. Pricing on such discontinued Products will be based on those prices listed in the last price issued by Westward containing such Products.
Cross-Reference Information.
Product cross-reference comparisons do not imply that all products compared are available or in the case of functional equivalency, that past performance and other characteristics are comparable. For critical applications, review specifications prior to purchase.
Sales Policy.
Prices are listed in Canadian currency, subject to change without notice. Quotations on large quantities are available on request. Contact your Westward sales representative for further information.
Sales Tax.
Westward is required to charge goods and services tax and applicable provincial sales tax on items for which a sales tax exemption certification has not been provided. When ordering please provide any valid exemption certificate.
Credit Balance.
Customer agrees that any credit balance issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation, and Westward shall have no further liability.
Payment Terms.
For Customers with established credit terms are net thirty (30) days from date of shipment. If credit is not established, please include payment with order or purchase through Visa, MasterCard or American Express. All payments must be in Canadian dollars. Westward shall have the right to set-off and deduct for any sums owed. If Customers fail to make payment within thirty (30) days, Westward may defer further shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order. Interest will be charged on overdue accounts at 2% per month (26.82% per annum).
Special Orders.
Some special order items as indicated in the catalogue may require additional shipping time. Customers will be notified at time of order. Order for Export by Customer. Westward's policy is to offer Products only for delivery, use and resale within Canada. Customer shall immediately notify Westward in writing if any order for Product is intended for export from Canada. Westward has discretion as to whether to accept or reject such orders. In any event, Customer acknowledges that Westward is prevented under contract from
selling Products for delivery in the United States, Mexico, the Caribbean, Panama, the Persian Gulf region, the Peoples Republic of China, the United Arab Emirates, Saudi Arabia, India or Japan. Customer represents that it shall not export Products purchased from Westward to such countries. Where Products purchased from Westward are to be exported, Customer assumes sole responsibility for arranging the export of the Products from Canada and their importation into other countries, and shall at all times comply with all applicable laws in relation thereto, including but not limited to export control laws, rules and regulations of Canada. Westward will not be the exporter under any circumstances. Customer shall not export Product purchased from Westward without first obtaining all necessary written consents, permits and authorizations and completing such formalities as may be required by any such laws, rules and regulations. Customer further represents and warrants that it will not export or divert Products to any country or to any person to which or to whom export from Canada is prohibited under applicable laws, rules and regulations.
Force Majeure.
Westward shall not be liable for any damage, cost or loss of profit of its Customers or any delay or failure in delivery or for any failure to perform caused by a force beyond Westward's control, including, but not limited to an act of God, action or failure to act of any government or governmental board, commission, department, bureau or authority, confiscation, war, blockade, insurrection, invasion, quarantine restrictions, riot, sabotage, acts of the public enemy, flood, fire, explosion, epidemic, landslide, lightning, earthquake, storm, accident, strike, lockout, work slowdown, work stoppage, differences with workers, embargo, power failure or shortage and any delay or failure (other than a delay or failure caused by the negligence or deliberate act or inaction of Westward) of supplies, equipment, labour or transportation.
Freight Policy.
Westward will arrange for freight to destination in Canada only. Shipping charges apply to all orders.
Title and Risk of Loss.
Title and risk of loss in the Products pass to Customer at time of shipment from Westward. If Product is damaged in transit, Customer must file a claim with the carrier. If Products are undeliverable for two days, carrier will return them to Westward and additional charges may apply.
Return Policy.
Any Product cancellation or return must be approved by Westward in its sole discretion, be accompanied by proof of purchase, and may be subject to restocking and other charges. Any returns due to shipping errors, damage during shipping, or loss during shipping must be reported to Westward immediately. For returns not related to damage or loss during shipping, Product(s) must be returned within 30 days of shipment and be in original package and resaleable condition. Westward will only accept returns on Products shown in its catalogue (unless for damage during shipping). Some exceptions may apply.
General.
Customer shall not assign any order or any interest therein without the written consent of Westward, and any such actual or attempted assignment shall entitle Westward to cancel such order upon notice to Customer. No addition to or modification of terms and conditions shall be binding on Westward unless agreed to by Westward in writing, and Westward’s acceptance of any order shall not be construed as assent to any additional terms and conditions. Westward is a division of Acklands-Grainger Inc. and all references to Westward shall include Acklands-Grainger Inc.
