Sequoia Environmental Remediation Incorporated ("Sequoia Environmental") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the www.SequoiaEnviroSupply.com website. Your use of the SequoiaEnviroSupply.com website signifies your acceptance of such revised Terms and Conditions, check frequently to read the most recent version.
Neither the SequoiaEnviroSupply.com website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Sequoia Environmental, except that you may download, display and print the content presented on SequoiaEnviroSupply.com for your personal, non-commercial use only. Unauthorized use of SequoiaEnviroSupply.com and/or the content contained in the web store may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Limited Warranty: The warranty and return policy for all products sold is determined by the original equipment manufacturer and/or supplier. All products sold by Sequoia Environmental 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 do not provide a warranty period.
Any part which is determined by Sequoia Environmental to be defective in material or workmanship and returned to a Sequoia Environmental branch, shipping costs prepaid, will be repaired or replaced, at Sequoia Environmental sole option, as the Buyer’s exclusive remedy.
Warranty Disclaimer: Sequoia Environmental has made a diligent effort to illustrate and describe the Products on its web 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 Sequoia Environmental. 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 Sequoia Environmental. Sequoia Environmental’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.
Sequoia Environmental and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Sequoia Environmental and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on SequoiaEnviroSupply.com or your downloading of any materials, data, text, images, video or audio from SequoiaEnviroSupply.com.
Indemnification: You shall indemnify and save harmless Sequoia Environmental and the Third Parties and their respective officers, directors, employees, representatives and sales agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of SequoiaEnviroSupply.com.
Prompt Correction for Defective Items: Sequoia Environmental 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 Sequoia Environmental location from which the Product was purchased, giving date and number of original invoice and a description of the defect. Sequoia Environmental will provide instruction as to the method of returning the Product.
Product Suitability: 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. Sequoia Environmental 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.
Hazardous Materials Information: For the information of Buyers, Sequoia Environmetal can provide 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. 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 from Sequoia Environmental and will be provided to the Buyer of any such Product at the time of sale if requested. The information and recommendations contained in the applicable MSDS supplied/prepared by the manufacturer are considered to be accurate and reliable. Sequoia Envirometal makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. Sequoia Environmental disclaims any and all liability to any user thereof.
SALES AND FREIGHT TERMS
Terms: By placing an order, Buyers accept and agree to Sequoia Environmental’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.SequoiaEnviroSupply.com.
PRICES: Prices are listed in Canadian currency and are subject to change without notice. Quotations on large quantities are available on request. Contact Sequoia Enviro Supply for further information.
SALES TAX: Sequoia Environmental 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.
PAYMENT TERMS: For Buyers with established credit, terms are net thirty (30) days from date of purchase. If credit is not established, please include payment with order or purchase through PayPal. All payments must be in Canadian dollars. Sequoia Environmental shall have the right to set-off and deduct for any sums owed. If Buyer fails to make payment within thirty (30) days, Sequoia Environmental 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).
CREDIT BALANCE: 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 Sequoia Environmental shall have no further liability.
Product Availability and Special Orders: Products are subject to availability at time of order. Some special order items as available through the web store must meet manufacturer's minimum order quantity requirements at time of order, and may require additional shipping time and cost.
Unpredictable Acts: Sequoia Environmental 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 Policy: Freight is F.O.B. shipping point. Sequoia Environmental 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 Sequoia Environmental. 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 Sequoia Environmental and additional charges may apply.
Return Policy: Any cancellation or return must be approved by Sequoia Environmental (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 Sequoia Environmental 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. Returns can be made to any Sequoia Environmental branch. Some exceptions may apply.
Assignment: Buyer shall not assign any order or any interest therein without the written consent of Sequoia Environmental and any such actual or attempted assignment shall entitle Sequoia Environmental to cancel such order upon notice to Buyer.
Modification of Terms: No addition to or modification of terms and conditions shall be binding on Sequoia Environmental unless agreed to by Sequoia Environmental in writing, and Sequoia Environmental’s acceptance of any order shall not be construed as assent to any additional terms and conditions.