The warranty and return policy for all products sold hereunder (the “Products”) is determined by the original equipment manufacturer and/or supplier. All products sold by WestPier Marine & Industrial Supply Inc. (“WestPier”) are warranted only to the extent of the manufacturer’s/supplier’s warranty, and only to purchasers (“Buyers”) for resale or for use in their business in Canada.
Products are warranted against defects in workmanship or materials only in accordance with the manufacturer’s warranty policy. Manufacturers of certain Products, such as fasteners, do not provide a warranty period.
Any part which is determined by WestPier to be defective in material or workmanship and returned to WestPier, shipping costs prepaid, will be repaired or replaced, at WestPier’s sole option, as the Buyer’s exclusive remedy.
WestPier has made a diligent effort to illustrate and describe the Products in its catalogues, on its website, and in store accurately; however, such illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty or condition that the Products are merchantable, or fit for a particular purpose or that the Products will necessarily conform to the illustrations or descriptions. The Products are sold to Buyers on an “as is, where is” basis, and no warranty or condition or affirmation of fact, express or implied, other than as set forth in the limited warranty above is made or authorized by WestPier. Any and all representations and warranties, express or implied, legal, statutory, conventional or otherwise with respect to the Products (including, implied warranties as to merchantability or fitness for a particular purpose), whether pursuant to the Sale of Goods Act of any province or otherwise, are hereby expressly excluded and disclaimed.
Limitation of Liability
Except as provided for elsewhere herein, WestPier’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 by the Buyer for the Product in question. In no case shall WestPier be liable for indirect, special, exemplary, punitive, consequential or incidental damages.
WestPier will make reasonable efforts to correct or other adjustment with respect to any Product which proves to be defective within the warranty period. Before returning any Product, write or call WestPier, giving date and number of original invoice and describing the defect. WestPier staff will give instruction as to the method of returning the Product.
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 WestPier 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.
Verification before use of the lubricants and/or any other Products suitability for the Buyer’s application, is the sole responsibility of the Buyer.
Hazardous Materials Information
For the information of Buyers, WestPier has obtained Material Safety Data Sheets (“MSDS”) for all “controlled products” within the meaning of the Hazardous Products Act (Canada) and the Controlled Products Regulations made under that Act, in respect of Products offered for sale by WestPier. The MSDS in question conform with the requirements of provincial occupational health and safety legislation which regulates “hazardous material” and the applicable Workplace Hazardous Materials Information Systems Regulations made thereunder. Such MSDS are available at WestPier, or from the original equipment manufacturer or supplier, and will be provided to the Buyer of any such Product on request. The information and recommendations contained in the applicable MSDS supplied/prepared by the manufacturer are considered to be accurate and reliable. However, WestPier makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. WestPier disclaims any and all liability to any user thereof.
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.
Manufacturers’ Warranties and Sales Literature
Most of the Products listed in WestPier’s catalogues, on our website and in store are warranted to the end users by their manufacturer. As applicable, such warranties may supersede or exclude other stated warranties. Copies of such warranties are supplied with the Product or are available from the manufacturer. As a service, WestPier will obtain copies of warranties from the warrantor and will furnish them free of charge to customers who request them. Address requests to: 577 Elm Street, PO BOX 367, Port Colborne, Ontario L3K 1B7. Requests must include the WestPier order/invoice number and the manufacturer and model number of each Product for which a copy of the warranty is requested. WestPier may also furnish sales brochures and other literature of the manufacturer. WestPier assumes no responsibility for such warranties or sales literature by performing this service.
Sales and Freight Terms
Terms. By placing an order, Buyers accept and agree to WestPier’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.WestPier.ca.
WestPier offers its Products for sale to Buyers for use or consumption for business purpose in Canada, and only in accordance with manufacturers’ specifications, requirements, recommendations and warranties. By placing an order, Buyer is representing that it is purchasing for business and not consumer purposes. Business identification may be required from Buyers. Possession of a catalogue does not constitute the right to purchase from WestPier.
Prices are listed in Canadian currency and are subject to change without notice. Quotations on large quantities are available on request. Contact WestPier or your sales representative for further information.
WestPier 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.
For Buyers with established credit, terms are net thirty (30) days from date of shipment unless otherwise stated. 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. WestPier shall have the right to set-off and deduct for any sums owed. If Buyer fails to make payment within thirty (30) days, WestPier may defer 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% compound per annum).
Buyer 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 WestPier shall have no further liability.
Product Availability and Special Orders
Products are subject to availability at time of order. Some special order items as indicated in the catalogue, or our website, or on a specific quotation, must meet manufacturer’s minimum order quantity requirements at time of order, and may require additional shipping time.
Order for Export by Buyer
Where Products purchased from WestPier are to be exported, Buyer 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. WestPier will not be the exporter under any circumstances. Buyer shall not export Product purchased from WestPier 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. Buyer 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.
WestPier shall not be liable for any damage, cost or loss of profit of Buyer or any delay or failure in delivery or for any failure to perform caused by a force beyond its 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 of supplies, equipment, labour or transportation.
Freight is F.O.B. shipping point. WestPier reserves the right to charge freight and handling fees, including, without limitation, fees for small orders, rural and/or rush deliveries or special handling.
Title and Risk of Loss
Title and Risk of Loss or damage in the Products pass to Buyer once product leaves any of our premises if a customer is picking up Products from WestPier. Title and Risk of loss or damage to Product shall pass to Customer upon Delivery. Delivery occurs when Product passes, enters, or is set at, upon or within, as applicable, the receiving flange, pipe, hose, tank, vehicle, marine or stationary vessel, loading or unloading dock, warehouse, shipping container, railcar, rail spur or siding, other facility or equipment (without limit), at Delivery (individually or collectively “Receiving Equipment”), or otherwise when Customer or its representative has possession or control of Product. If Products are undeliverable for 2 days, WestPier or carrier will return them to WestPier and additional charges may apply.
Any cancellation or return must be approved by WestPier (in its discretion), be accompanied by proof of purchase, and may be subject to restocking and other charges. Any returns due to shipping errors, damage or loss must be reported to WestPier immediately. For returns not related to damage or loss during shipping, Product must be returned within 30 days of shipment and be in original package and resaleable condition. Some exceptions may apply.
Buyer shall not assign any order or any interest therein without the written consent of WestPier and any such actual or attempted assignment shall entitle WestPier to cancel such order upon notice to Buyer.
Modification of Terms
No addition to or modification of terms and conditions shall be binding on WestPier unless agreed to by WestPier in writing, and WestPier’s acceptance of any order shall not be construed as assent to any additional terms and conditions.