MASTER TERMS & CONDITIONS
Wurth Canada Limited
345 Hanlon Creek Boulevard
Tel.: +1 905 564 6225
Toll free tel.: +1 800 263 5002
Toll free fax: +1 800 347 0677
Last updated June 26, 2020.
Product Suitability: Many provinces and locations have laws, codes and regulations governing sales, storage, construction, installation and/or use of products for certain purposes, which may vary from those in neighboring areas. While Wurth attempts to ensure that its Products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how Products are installed, stored, or used. Before purchase and use of a Product, please review the Product, as well as applicable national, provincial and local laws, codes and regulations, and be sure that the Product, as well as its installation, storage and use, complies with them.
Hazardous Materials Information: For the information of Buyers, Wurth has obtained Material Safety Data Sheets ("MSDS") and/or Safety Data Sheets (“SDS”) 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 Wurth. 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 online 24/7 at www.wurth.ca or can be provided by any Wurth sales representative. The information and recommendations contained in the applicable MSDS supplied/prepared by the manufacturer are considered to be accurate and reliable. However, Wurth makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. Wurth disclaims any and all liability to any user thereof.
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.
Manufacturers’ Sales Literature: Wurth may furnish sales brochures and other literature of the manufacturer. Wurth assumes no responsibility for such warranties or sales literature by performing this service.
SALES AND HANDLING TERMS
Terms: By placing an order, Buyers accept and agree to Wurth’s terms and conditions, including the limited warranty, which are subject to change without prior notice. The current terms and conditions, including the limited warranty, can be obtained at www.wurth.ca
Prices: All prices are listed in Canadian currency and are subject to change without notice. Quotations on large quantities are available on request. Contact your Wurth sales representative or Wurth Canada customer service for further information. If we discover any price errors or issues with product specifications, they will be corrected immediately and the corrected price will apply to your order.
Sales tax: Wurth 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.
Stewardship Fees: Wurth is required to charge stewardship fees for certain products in certain provinces and territories. These fees will be clearly marked on all invoices and cannot be avoided.
Payment terms: For Buyers with established credit, Wurth Canada’s Standard Credit Terms are Net 30 Days from date of invoice. No discounts are provided to customers for early payment. If credit is not established, please include payment with order or purchase through Company Cheques, Visa, MasterCard, American Express, Direct Deposits or payments made through On-Line Banking. Cash and debit card payments cannot be accepted. All payments must be in Canadian dollars. Wurth shall have the right to set-off and deduct for any sums owed. If Buyers fails to make payment within thirty (30) days, Wurth 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 1.5% per month (18% per annum). At any time, Wurth Canada may revoke a Customer’s Credit Privileges based on updated credit information or payment history. Possession of a catalogue does not constitute the right to purchase from Wurth.
Credit balance: Buyers agree 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 Wurth shall have no further liability.
Product Availability and Special Orders/Non-stock: Products are subject to availability at time of order. Some special order / non-stock items must meet manufacturer's minimum order quantity requirements at time of order, and may require additional shipping time.
Order for Export by Buyers: Wurth’s policy is to offer Products only for delivery and use within Canada. Buyers shall immediately notify Wurth in writing if any order for Product is intended for export from Canada. Wurth has discretion as to whether to accept or reject such orders. Where Products purchased from Wurth are to be exported, Buyers 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. Wurth will not be the exporter under any circumstances. Buyers shall not export Product purchased from Wurth 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. Buyers 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.
Resale: Wurth Canada products are sold to customers for use in their business in Canada, and not for resale to individual consumers.
Force Majeure: Wurth shall not be liable for any damage, cost or loss of profit of Buyers 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 Policy: Freight is F.O.B. shipping point. Wurth reserves the right to charge freight and handling fees, including, without limitation, fees for small orders, HAZMAT fees, fuel surcharge, rural and/or rush deliveries or special handling.
Title and Risk of Loss: Title and Risk of Loss in the Products pass to Buyers at the time of shipment from Wurth. If Product is damaged in transit, Buyers must file a claim with the carrier. If Products are undeliverable for 2 days, carrier will return them to Wurth and additional charges may apply.
Return Policy: Returns will not be accepted on any safety supplies and first aid, sanitizing or disinfecting products. Non-stock items (On-demand and special orders) are non-returnable. Any cancellation or return must be approved by Wurth (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 Wurth immediately. For returns not related to damage or loss during shipping, Product must be returned within 30 days of shipment and be unused, in original package and box quantity, and in resalable condition. Returns can be made to any Wurth location or through any authorized Sales Representative. Wurth will only accept returns on Products shown in this catalogue (unless for damage during shipping). Some exceptions may apply.
Assignment: Buyers shall not assign any order or any interest therein without the written consent of Wurth and any such actual or attempted assignment shall entitle Wurth to cancel such order upon notice to Buyers.
Modification of Terms: No addition to or modification of terms and conditions shall be binding on Wurth unless agreed to by Wurth in writing, and Wurth’s acceptance of any order shall not be construed as assent to any additional terms and conditions.
Jurisdiction: This Agreement is conclusively deemed to be a contract made under the laws of the Province of Ontario, and for all purposes is to be construed in accordance with the laws of the Province of Ontario, without regard to principles of conflicts of law.
Language: Both parties have requested and agreed that this agreement and any ancillary documents relating hereto shall be drawn up in the English language only. Sur demande et en conformité à la Charte de la langue française au Québec, ce document est disponible dans la langue française.
Mediation/Arbitration: Wurth and Buyers will attempt to settle any claim or controversy arising out of this agreement through consultation and negotiation in good faith and in a spirit of mutual co-operation. If those attempts fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Wurth and the Buyers.
E-COMMERCE TERMS AND CONDITIONS
By proceeding to place an order with Wurth Canada Limited (“us” or “we”) through wurth.ca (“our Website”), you agree to be bound by the terms of this contract (the “Terms”). If you do not agree to be bound by the Terms, do not check the box “I agree to Wurth Canada’s Terms and Conditions of sale” and do not proceed with your order. Please retain a copy of the Terms. In the event of a conflict between these E-Commerce Terms and Conditions and the Wurth Canada Master Terms and Conditions, these E-Commerce Terms and Conditions shall govern.
Availability of Products: Products listed on our Website may not be available at the time you make your order. Your order is subject to availability of products.
Acceptance of Orders: The descriptions of products on our Website are invitations for you to make an offer to purchase. Once you place an order, we will e-mail you an order summary to the e-mail address that you provided for the purpose of us sending notices to you. The sales order number does not constitute an acceptance of your order. Your order will only be accepted once the goods are ready to be shipped and payment has been processed. We reserve the right to accept or reject the order once you have completed and placed your order. We also reserve the right to cancel an order for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the credit card you provided for payment.
Your Account: You are responsible for any actions that take place while using your Wurth account. Keep your username/password secure and do not allow anyone else to use your user name or password to access the Wurth e-commerce platform. We are not responsible for any loss that results from the unauthorized use of your user name or password, with or without your knowledge.
Product Descriptions: We do not represent or warrant that product descriptions and other information on our Website are accurate, complete, reliable, current or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it within 30 days of invoice date.
Promotional Codes and Special Offers:
- Cannot be applied to previously placed orders.
- Can only be used for orders placed via our Website.
- Cannot be combined with any other promotional codes, special contracted pricing or any other special offer or promotion.
- Are not transferable and not redeemable for cash or credit.
- May be limited to one time use per customer.
- Certain products are excluded from promotional codes.
- To apply a promo code, you must enter it prior to completing your order.
Disclaimer of Warranties: The only express warranties or conditions are provided are those warranties that are described in the description of the goods on this Website, including the Wurth Canada Limited Limited Warranty Policy. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT), WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. Some jurisdictions do not allow us to limit implied warranties and conditions. If these laws apply to you, some or all of the following disclaimers may not apply to you.
Payment: During the check-out process you will be provided with a list of the goods you are purchasing, their price, and a list of all additional charges. You will be asked to confirm your order at the end of the check-out process. By clicking “Place Order”, you agree to pay us the amount set out in box labelled “Total”. The total is set out in Canadian dollars and includes shipping and handling fees and applicable taxes. The total will be charged to the credit card you entered when the product is shipped. For business customers, previously agreed upon payment terms, such as net 30 days, may apply. You may pay using one of the following credit cards: Visa, MasterCard, American Express, Discover. If your payment is declined or reversed for any reason, your order will be cancelled and your order will not be shipped.
Shipments: The cost of shipping will be provided at the time of check-out. The actual cost of shipping will depend the dollar amount of order, unless previous written agreements state otherwise.We use third-party carriers to ship our products to you. We are not responsible for the loss of any products once the order has been shipped to the delivery address you provided.
Security and Confidential Information: Although Wurth provides certain encryption in an effort to protect the electronic transmission of credit card numbers or personal information ("Financial Information") that you submit to Wurth through the Website, Wurth does not guarantee the security of any information transmitted to or from Wurth Canada. You understand and agree to assume the security risk for any information you provide using the Website and or purchasing products thereon. Other than the Financial Information, you agree not to send any confidential or proprietary information to Wurth through the Website. Except for the Financial Information or personally identifiable information relative to you, any information you do send to Wurth through the Website will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit you hereby grant Wurth an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Wurth is free to use any ideas, concepts, know-how or techniques that you send Wurth for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Wurth will not infringe or violate the rights of any third party.
Amendment to the Terms: We reserve the right to amend the Terms at any time without notice to you. The Terms that govern your order will be the Terms posted to our Website on the day and time that you place your order. Each time you place an order you should review and print the Terms.
Limitation of Liability: IN NO EVENT WILL WE BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN THE ORDER TOTAL, EXCLUSIVE OF TAXES AND SHIPPING, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT AND LOSS OF SAVINGS) TO YOU WHETHER ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE PRODUCTS IRRESPECTIVE OF WHETHER YOUR CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, RESTITUTION, BREACH OF STATUTE OR ANY OTHER THEORY OF LAW AND EVEN IF WE HAD BEEN ADVISED OR HAD REASONS TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE FOLLOWING EXCLUSIONS OF LIABILITY MAY NOT APPLY TO YOU.
Applicable Law: The Terms are governed by the laws of the Province of Ontario, and the laws of Canada applicable therein, without reference to conflict of laws principles, unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with us will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.
Severability: If any provision or part of a provision of the Terms is determined to be unenforceable by reason of applicable laws, it shall be severed from the rest of the Terms, which will continue to apply.
Entire Agreement and Notices: The Terms, your purchase order and our confirmation of shipping constitute our entire agreement with you. Any notices required or permitted to be given under the Terms or applicable laws may be given to you at the e-mail address you provided to us during your order. Any notice given to you will be effective [number of days] after we send the notice to you, irrespective of whether you receive it or it is returned to us as undeliverable.
You may contact us at: Wurth Canada Limited, 345 Hanlon Creek Boulevard, Guelph, ON N1C 0A1
WURTH CANADA LIMITED LIMITED WARRANTY POLICY
This limited warranty policy (“Limited Warranty Policy”) represents Wurth Canada Limited’s (“Wurth Canada”) commitment to our customers and our effort in ensuring the quality of our products. If you are the original purchaser of our product, Wurth Canada warrants, for the time period indicated below (the “Warranty Coverage”), each Wurth Canada product to be free from defects in materials and workmanship under normal use and service, when installed, adjusted, used, and maintained, in the manner they were intended.
|Wurth Canada Product||Warranty Coverage|
Limited Lifetime Warranty
Wurth Canada warrants these products for its useful life (not to exceed one (1) year for products with electrical or electronic components) against deficiencies in material and workmanship
1-year Limited Warranty
Wurth Canada warrants these products for one (1) year from the date of purchase of the original purchaser
Please note that the Limited Lifetime Warranty and the 1-year Limited Warranty are subject to the provisions and limitations contained in this Limited Warranty Policy
**Please refer to Schedule A for a complete list of all Wurth Canada brand products with a 1-year Limited Warranty
Repair, replacement (same or similar product), or credit at the original sale price at Wurth Canada’s option will be furnished if the product, upon Wurth Canada’s standard investigation process, is found to be properly installed, adjusted, used, maintained, and/or operated.
Any such repairs or replacement will be made at no charge to the customer for parts or labour, provided that the customer shall be responsible for any transportation, lodging, meals, and/or other personal costs.
This Limited Warranty Policy does not apply to any malfunctions caused by: (i) normal wear and tear, (ii) unreasonable use, misuse, neglect, abuse, and/or insufficient maintenance, (iii) repair or service by unauthorized persons, (iv) accidental damage, and (v) modifications and/or alterations made without the express written permission of Wurth Canada.
All non Wurth branded tools, and all other non Wurth branded products are NOT covered by this Limited Warranty Policy. Customers must contact the respective manufacturers of these products for all inquiries regarding registration, warranty coverage and claims, and/or availability of product and part repairs and/or replacements.
Other equipment, including but not limited to pressure washers, compressors, chargers, starters, lifts and refrigerant machines purchased through Wurth Canada come with their own, separate, manufacturers’ warranties.
Wurth Canada consumable products are guaranteed to be free from manufacturer’s defect upon delivery but do not carry any further warranty unless specifically expressed on the product itself.
Consumable products include but are not limited to: batteries, brake line, brake line nuts & bleeder screws, wire & cable, cable management, ties, loom, heat shrink tubing, electrical connectors, terminals, lugs, fluid-carrying fittings, couplings, & connectors, fuses, fuse holders, & relays, hose clamps, pipe clamps, tubing & hoses, tire mounting & repair supplies, tire valves, valve cores, wheel nut flags & safety locks, wheel weights, balancing beads, bolts, screws, nuts, washers, clips, rivets, rivnuts, pins, anchors, nails, fasteners, O-rings, plugs, chemicals, hoses, gloves, glasses, hearing protection, coveralls, caps, respirators, filters, masks, lenses, visors, wipes, drive bits and bit assortments, knives and blades, files, deburring tools, abrasives, drill bits, saws, saw blades, reamers, grinding discs, cutting discs, backing pads and mandrels, flap wheels, wire brushes, thread repair inserts, countersinks, taps, burrs, stones, pin punches.
This limited warranty is non-transferrable and can only be availed by the original purchaser of the product. A proof of purchase is required for all warranty claims. To obtain warranty service, contact your sales representative for warranty assistance or call 1-800-263-5002 for your nearest authorized Wurth Canada sales representative.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY LAW, WURTH CANADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT ANY IMPLIED WARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, ANY SUCH WARRANTIES ARE EXPRESSLY LIMITED TO THE WARRANTY COVERAGE PERIOD ASSOCIATED WITH EACH PRODUCT STATED HEREIN.
The terms in this Limited Warranty Policy represents Wurth Canada’s exclusive written warranty. Wurth Canada makes no other express warranty, nor is anyone authorized to make any warranties on its behalf.
REPAIR OR REPLACEMENT OF WURTH CANADA PRODUCTS, AS PROVIDED HEREIN, IS YOUR EXCLUSIVE REMEDY. WURTH CANADA SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, STRICT LIABILITY IN TORT AND/OR IN NEGLIGENCE, AND THIRD PARTY CLAIMS, INCIDENTAL OR CONSEQUENTIAL, LABOUR COSTS, INSTALLATION CHARGES, TELEPHONE CHARGES, OR TRANSPORTATION CHARGES IN CONNECTION WITH THE REPLACEMENT AND/OR REPAIR OF DEFECTIVE PARTS OR PRODUCTS.
Wurth Canada assumes no liability whatsoever with regard to the original purchaser’s compliance or fulfillment of its obligations with respect to any statute, regulation, or by-law. Please note that you may have different and/or additional rights under provincial or territorial law.
Please note that while Wurth Canada has made diligent efforts to illustrate and describe the products shown in its catalogues and online media, these illustrations and descriptions however, are for the sole purpose of identification and do not express nor imply a warranty or condition that the products shown are merchantable, fit for a particular purpose, nor does it guarantee that the products will necessarily conform to the illustrations and descriptions.
Wurth Canada reserves the right to make changes in design, appearance, and construction of any and all Wurth Canada products and reserves the right to discontinue the availability of any products and/or service to any discontinued products, at any time, at its sole discretion. Wurth Canada assumes no responsibility whatsoever in making such changes in products previously sold and/or transferred. Further, Wurth Canada assumes no obligation in replacing any previously sold, discontinued, and/or transferred product with an updated and/or similar product.
Wurth Canada Limited (“Wurth Canada”) warrants the Wurth Canada brand products listed in this Schedule A for one (1) year from the date of purchase of the original purchaser (“1-Year Limited Warranty”). Please note that the 1-Year Limited Warranty is subject to the provisions and limitations expressed in Wurth Canada’s Limited Warranty Policy.
- Electrical installation tools (e.g. crimpers, strippers, heat guns, and other such electrical tools, i.e. 887.AMSC12, 887.AMSC16, 887.AMSC20, 715.555200, 557.94285, 557.16004, 558.10, 558.11, 558.13, 558.1100, 691.05, 691.06, 557.94840, 557.10, 558.80, 555.1)
- Application guns (e.g. UBS, Schutz, underseal, and other such application tools; i.e. 891.110640, 891.106840, 891.100, 891.628)
- Sprayfoam guns (i.e. 891.1524, 891.1522)
- Foaming guns (i.e. 891.703128, 891.703140, 891.030100)
- Rivnut and rivet guns and riveters
- Air tools (e.g. grinders, wrenches, impact guns, sanders, and other such air tools)
- Impact sockets (i.e. 714.13230, 714.13030)
- Nut looseners (i.e. 714.15000, 714.15001)
- Grease guns (i.e. 986.00, 986.100)
- Welding clamps (714.0932)
- Pannel poppers (714.58316)
- Tape measures and levels (714.64575, 714.64578, 714.6440, 714.6441)
- Calipers (715.7611, 715.7602)
- Polishers, (703.999012)
- Work lights (827.805300, 827.940169, 827.809350, 827.53110, 827.500011, 827.940351, 827.500071, 828.826)
- UV Lights (764.000104, 891.634425)
- Biomatic tub and electronic/electric components (995.900, 995.900026, 995.900025, 995.900024, 995.900023, 995.900021)
- Spray bottles, chemical dispensers (891.503002, 891.503360, 891.502002)
- Refillomat and bottles (997.141887, 891.9811, 891.98111)
- Caulking guns (891.0095, 891.00, 891.0092, 891.0091, 891.0096, 703.891020, 891.0093)
- Air evac tools (714.5518)
- Brake fluid testers (715.53220)
- Harness / circuit testers (695.0045, 695.0052, 695.0057, 695.0058, 695.0080)
- Jiffy gun (829.241)
- Wheel weight tools (695.391885, 830.025, 830.075, 830.050)
- TPMS tool (879.02405, 879.927029, 879.921286)