Seawall Distribution

Terms & Conditions of Sales

The following Terms and Conditions of Sale apply to any sale of goods by Seawall Distribution Ltd.. The acceptance of the goods by the Purchaser shall constitute the Purchaser’s knowledge and agreement to be bound by these Terms and Conditions.  These Terms and Conditions cannot be modified or superseded without written consent by the Seller, signed by both parties.  No other terms and conditions are accepted by Seawall Distribution Ltd,, including any included in the Buyer's purchase order.  These Terms and Conditions represent the entire agreement between the Seawall Distribution Ltd. and the Purchaser and supersedes all other written or oral negotiations or agreements.

1. Bill of Material: The order is based on the Bill of Material prepared by Seawall Distribution Ltd. It is the responsibility of the Purchaser to ensure that the order is correct and the goods meet the requirements of the Purchaser.

2. Price and Payment: GST, HST, and Provincial Tax are not included. The pricing offered in our quotation shall be considered firm for the period identified. If no period is identified, pricing is valid for 30 days from the date of quotation. Pricing is based on tariffs that are in effect as of the date of this quotation. Pricing will be adjusted to reflect any increase or decrease in tariffs or new tariffs during the course of supply.

Payment in full is required at the time of delivery.

3. Freight and storage: Freight, storage and associated expense is excluded unless otherwise included within the Seawall Distribution Ltd. order.

4. Delays: Shipping and delivery dates are not guaranteed. Seawall Distribution Ltd. assumes no liability for any direct or indirect damages resulting from any delivery delay or failure to fill the order.

5. Cancellation: Orders placed with Seawall Distribution Ltd. can only be cancelled by the Purchaser with the written consent of Seawall Distribution Ltd.. The Purchaser agrees to indemnify Seawall Distribution Ltd. against all direct and indirect losses arising from any cancellation.

6. Returns: Unless prior written consent is provided, Seawall Distribution Ltd. will not accept the return of any goods for any reason.  Returned goods will be subject to restocking fees and conditions.

7. Title: Seawall Distribution Ltd. retains title to all goods sold or delivered by (or on behalf of) Seawall Distribution Ltd. until goods have been fully paid for.

8. Notice in writing: If the Purchaser receives damaged goods or the shipment is missing goods on the packing slip, the Purchaser must provide detailed written notice to Seawall Distribution Ltd. and the freight carrier within 7 days of receipt of the goods.

9. Limited Warranty: Warranty is limited to the purchase cost of goods specifically found to be defective.  Seawall Distribution Ltd. will, at its choice, replace or credit goods found to be defective within one year of delivery to the purchaser. Seawall Distribution Ltd. will not be liable for any direct or indirect damages or expenses resulting from defective goods.  Seawall Distribution Ltd. reserves the right to inspect goods the Purchaser claims are defective.  Warranty claims must be submitted to Seawall Distribution Ltd. in writing at the time a defective product is identified by the Purchaser, but in no case more than one year after delivery.

 11. Governing Law: This Agreement, including any changes or modifications, shall be governed by the laws of the Province of British Columbia.