Terms & Conditions of Sales

The following Terms and Conditions of Sale apply to all sales 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  These Terms and Conditions may not be modified or superseded without the written consent of the Seller, signed by both parties.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 constitute the entire agreement between Seawall Distribution Ltd. and the Purchaser, superseding all prior written or oral negotiations or agreements.

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

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 that may occur during the supply period.

Payment in full is required upon delivery.

3. Freight and storage: Freight, storage and associated expenses are 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: The warranty is limited to the purchase cost of the 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 that the Purchaser claims are defective.  Warranty claims must be submitted to Seawall Distribution Ltd. in writing at the time the Purchaser identifies a defective product, 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.