Terms of Purchase
Terms of Purchase
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 WFS Ltd. (“WFS”) 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 individual
manufacturer’s warranty policy. Manufacturers of certain Products, such as fasteners, do not provide a warranty period.
Any part which is determined by WFS to be defective in material or workmanship and returned to a WFS branch or
authorized service location as WFS designates, shipping costs prepaid, will be repaired or replaced, at WFS’ sole option,
as the Buyer’s exclusive remedy.
WFS has made a diligent effort to illustrate and describe the Products in its catalogues 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 WFS. 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
Any liability for indirect, special, exemplary, punitive, consequential or incidental damages is expressly disclaimed by
WFS. WFS’ 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.
WFS 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. Before returning any Product, write or call the WFS location from which the
Product was purchased, giving date and number of original invoice and describing the defect. The WFS branch 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 WFS 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
Hazardous Materials Information
For the information of Buyers, WFS 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 WFS. 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 on request. The
information and recommendations contained in the applicable MSDS supplied/prepared by the manufacturer are
considered to be accurate and reliable. However, WFS makes no warranty with respect to the accuracy or reliability of
the information or the suitability of the recommendations. WFS 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 WFS catalogues 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. WFS may also furnish sales brochures and other literature of the manufacturer.
WFS assumes no responsibility for such warranties or sales literature by performing this service.
Sales & Freight Terms
Sales Policy Terms
By placing an order, Buyers accept and agree to WFS’ 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.wfsltd.com.
WFS 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 WFS.
Prices are listed in Canadian currency and are subject to change without notice. Quotations on large quantities are
available on request. Contact your WFS branch or sales representative for further information.
WFS is required to charge Harmonized Sales Tax as defined by the Excise Tax Act in Canada and Canada Revenue Agency.
For Buyers 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 unless previously agreed upon as US dollars. WFS shall have the right to set-off and deduct for any
sums owed. If Buyer fails to make payment within thirty (30) days, WFS 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 WFS 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 must meet
manufacturer's minimum order quantity requirements at time of order, and may require additional shipping time.
Order for Export by Buyer
WFS’ policy is to offer Products only for delivery, use and resale within Canada. Buyer shall immediately notify WFS in
writing if any order for Product is intended for export from Canada. WFS has discretion as to whether to accept or reject
such orders. In any event, Buyer acknowledges that WFS is prevented under contract from selling Products for delivery
in the, the Persian Gulf region, the People’s Republic of China, the United Arab Emirates, Saudi Arabia, Japan, Caribbean,
Panama. Buyer represents that it shall not export Products purchased from WFS to such countries.
Where Products purchased from WFS 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.
WFS will not be the exporter under any circumstances. Buyer shall not export Product purchased from WFS 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
WFS 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. WFS 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 in the Products pass to Buyer at the time of shipment from WFS. If Product is damaged in transit,
Buyer must file a claim with the carrier. If Products are undeliverable for 2 days, carrier will return them to WFS and
additional charges may apply.
Any cancellation or return must be approved by WFS (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 WFS
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 resalable condition. Returns can be made to any WFS Ltd. branch.
Buyer shall not assign any order or any interest therein without the written consent of WFS and any such actual or
attempted assignment shall entitle WFS to cancel such order upon notice to Buyer.
Modification of Terms
No addition to or modification of terms and conditions shall be binding on WFS unless agreed to by WFS in writing, and
WFS’ acceptance of any order shall not be construed as assent to any additional terms and conditions. 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.