General Terms & Conditions
These General Terms and Conditions of Sale for Products ("Sales Terms") apply to the sale of products ("products") by Southwest Safety & Supply. ("Southwest") to customer ("you" or "Customer"). Southwest’s offer to sell products to Customer, and Southwest’s acknowledgement of any purchase order or other Customer document ("Order") is expressly limited to, and expressly conditioned on Customer’s acceptance of these Sales Terms. The applicability of terms contained in Customer’s Order is limited to the identification and the quantity of products ordered. Unless agreed to by Customer and Southwest in a separate written contract, Southwest objects to and rejects all other Customer terms, in any form, that are different from or additional to these Sales Terms.
Limitation of Liability
In no event shall Southwest or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, punitive or consequential damages including but not limited to loss of use, loss of data, loss of business or loss of profits to the extent permitted by law. In the event of any issue with a product that you have purchased through Southwest, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer’s warranty, or to seek a return and refund for such product in accordance with Southwest's return policy.
Southwest shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability or delays in procuring or shipping product or obtaining permits and licenses, inability in procuring supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Southwest in the conduct of its business.
Prices; Typographical Errors
Prices are subject to change without notice. All prices in Canadian dollars. Southwest is not responsible for typographical errors. In the event a product is listed at an incorrect or outdated price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or due to the passage of time or change in market conditions, Southwest shall have the right to refuse or cancel any orders placed for product listed at the incorrect or outdated price. Southwest shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Southwest shall promptly issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Southwest reserves the right at any time after receipt of your order and prior to shipment, without prior notice to you, to supply less than the quantity you ordered and/or change the estimated delivery date and/or decline or cancel your order.
Truck Shipment Terms
This order contains shipments that must ship via truck. The quoted shipping charges are for standard truck shipment to a dock designated to receive freight. Someone must be present to receive truck shipments. Shipments that require a call prior to delivery/24-hour notification, lift gate, inside delivery and/or residential delivery will incur additional charges.
The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honoured by the manufacturer. You acknowledge and agree that Southwest is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold. Southwest makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Manufacturers’ warranties for exported products may vary or may be null and void for products exported or transported outside Canada.
Terms of payment are within Southwest’s sole discretion, and unless otherwise agreed to by Southwest, payment must be received by Southwest prior to Southwest’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or ACH unless credit terms have been agreed to by Southwest. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Southwest may invoice parts of an order separately. Orders are not binding upon Southwest until accepted by Southwest. Any quotations given by Southwest will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Southwest does not sell products intended to be used as Aircraft Products. Southwest shall not be responsible to Customer or any third party, including any customer of Customer, or liable for any liability, damage, loss, injury, demand, claim or suit that directly or indirectly arises out of or allegedly arises out of use of or is attributable or due to the products we sell being used by Customers or third parties as Aircraft Products. “Aircraft Products” means (i) aircraft, missiles or spacecraft and any ground support or control equipment used in connection with aircraft, missiles or spacecraft; (ii) products installed in or used in connection with aircraft, missiles or spacecraft, including spare parts, ground handling tools and equipment; (iii) training aids, instructions, manuals, blueprints, engineering or other advice; and (iv) any services and labor related to any of the above. Customer warrants that it shall not use or install or offer for sale an item purchased from Southwest as an Aircraft Product. In addition, Customer shall not sell to any of its direct or indirect customers, any item purchased from Southwest which its customer intends to use as an Aircraft Product and shall advise its customers in writing of such prohibition.
Separate charges for shipping and handling will be shown on Southwest’s invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Southwest’s invoice. Delivery dates are approximate and products may be placed on backorder at Southwest’s discretion. Where product availability is limited for any reason, Southwest may fill orders or otherwise allocate products in any manner it deems appropriate. Under no circumstances will Southwest be liable for failure to ship, delay in delivery, or for Customer’s failure to receive, products by a certain date.
Title/Risk of Loss
Title to products and risk of loss passes from Southwest to you upon delivery to the carrier.
Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards.
Product specifications may reflect accepted industry terminology and standards that could vary from commonplace meanings or may reflect the manufacturers best estimates of power, capacity and other usage capabilities and limitations or may reflect the capabilities of a product only under specific circumstances. Product specifications are not independently tested by Southwest in every circumstance. Parameters provided in datasheets and/or specifications may vary in different applications and performance may vary over time. Product specifications do not expand or otherwise modify these Sales Terms, including but not limited to the warranty. Our products are not designed for use in medical, life-saving, or life-sustaining applications or for any other application in which the failure of the product could result in personal injury or death.
Special Order Items
Once you place an order for custom-cut, customer built or special order items (such as matting, slings, assembled lockers and regularly stocked items such as radio headsets, striping paint, line stripers, vacuums, custom fabric chairs) your order is considered non-cancelable and any custom-cut, customer built or special order items purchased by you are also non-returnable.
All orders must be approved by Southwest’s Credit Department. Placement or acceptance of an order does not constitute the opening of an account on credit terms. Accounts placed on credit hold will not be authorized to receive product until their account is current and in good standing. Southwest reserves the right to require payment for any shipment hereunder in advance or, in the alternative, satisfactory security for such order if the financial performance or credit worthiness of Customer is unsatisfactory to Southwest. Such security includes, but is not limited to, execution by Customer of a Corporate Guaranty. If Customer fails to make payment in accordance with these terms and conditions of sale or otherwise fails to comply with any provision hereof, Southwest may, at its option (and in addition to any other remedies available to Southwest at law or in equity), cancel any unshipped portion of Customer’s order. Notwithstanding the above, Customer shall remain liable for all of its unpaid accounts. Customer shall not transfer or assign the account(s) relationship(s) created by the extension of credit by Southwest to any third party without Southwest’s prior written consent.
Important Country of Origin Information
For certain items sold by Southwest, the foreign country of origin information can change and what is displayed on swsafetysupply.ca or in the catalogue may not be accurate or consistent with manufacturer information at the time of order or shipment. For updated, accurate foreign country of origin data, it is recommended that you rely on product packaging or manufacturer information. With regard to product kits, country of origin may be undetermined as such kits contain multiple parts.
Safety Data Sheet (SDS)
A Safety Data Sheet is a document that includes information such as the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Since each SDS is supplied by the chemical manufacturer/importer, Southwest expressly relies on the evaluation of the chemical manufacturer/importer contained therein. SOUTHWEST MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU AND/OR ANY OTHER USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. Send SDS requests to: Southwest Safety & Supply, 50 Roy Blvd, Brantford, Ontario, N3R 7K2.
You agree that you will not divert, use, export or re-export the products contrary to Canadian or United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to Canadian or United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States or Canadian Government as applicable. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes North Korea, Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States or Canadian law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.
These terms and conditions of sale may be amended at any time by Southwest. These terms and conditions of sale, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada.
User Generated Content Policy
From time to time on certain areas of the Site you may be able to submit reviews, comments, feedback and certain other materials (collectively, “User Contributions”). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Southwest in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of Southwest, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.
You represent and warrant that you own or have a valid license to use the User Contribution submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of the User Contribution, and Southwest’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
For any User Contribution that you submit, you grant Southwest and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution and/or incorporate your User Contribution into any form, medium or technology throughout the world without compensation to you. Any User Contribution that you submit may be used and shared with authorized third-parties at Southwest’s sole discretion. Southwest sometimes offers gifts of nominal value to individuals for submitting reviews on the Site. Southwest is committed to complying with government gift and ethics rules and therefore government employees are not eligible to receive such gifts.
Returns and/or Refunds are accepted within 15 days from original invoice date. Items MUST be in new condition, with original packaging and all tags (if applicable) attached. Shoes/Boots must not have been worn, and all tags/packing must be in original condition.
ITEMS NOT ACCEPTED FOR REFUND/RETURN:
ALL Fall Arrest equipment and PPE (Ear Plugs, Respirators etc). Any items that were personalized or special ordered (items not normally kept in stock) are also not eligible for return or refund.
The parties have required that these terms and conditions be drafted in English. Les parties ont demandé que cette convention soient rédigés en anglais.
TERMS AND CONDITIONS OF USE
Materials appearing on swsafetysupply.ca (the "Site") are copyrighted by Southwest unless otherwise noted, and may not be used without the written permission of the copyright owner.
The Site is presented for private, noncommercial use only. Materials presented at the Site may be downloaded and printed exclusively for private, noncommercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of Southwest.
Trademarks appearing at the Site may be owned and/or registered by parties other than Southwest, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of Southwest or other parties.
Southwest will enforce its intellectual property rights to the full extent of the law.
Southwest serves customers in Canada. All product prices, specifications and availability are subject to change without notice. Prices do not include shipping or applicable sales tax.
Southwest uses reasonable efforts to include accurate and up-to-date information on the Site, but does not warrant that it is free of errors or omissions. Because of continuing improvements, actual products may differ slightly from photo. Photograph images may have been retouched. Southwest will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user's use of, or reliance upon, material presented at the Site. Southwest will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site. Southwest is not responsible for the contents of any off-site pages or any other sites linked to the Site. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
All communications received by swsafetysupply.ca via electronic mail or otherwise, including letters, questions and comments, may be posted on the Site or otherwise published by Southwest. Such communications may be edited for length and clarity.
Certain links on the swsafetysupply.ca site will allow you to leave the swsafetysupply.ca site. These linked sites are not produced by Southwest and Southwest is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by Southwest as a service to its customers, and the links do not necessarily imply endorsement by Southwest.
The videos provided on the Site are for informational, educational and promotional purposes only (the "Informational Content"). It is your responsibility to ensure compliance with all applicable laws, rules, codes and regulations and Southwest assume no responsibility for the accuracy of the information contained in the Informational Content and disclaims any liability for omissions, errors or outcomes. If there is any question or doubt in regard to any element contained in the Informational Content, please consult a licensed professional. You may not rely on any information and opinions expressed in the Informational Content for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Informational Content. Under no circumstances will Southwest be liable for any loss or damage caused by your reliance on any Informational Content.