Westlab Terms & Conditions
1. ACCEPTANCE OF TERMS: The Buyer may accept these Terms in writing or by any conduct. Without limiting this clause’s effect, the Buyer is taken to accept these Terms by conduct if the Buyer: (a) accepts delivery of goods from Westlab; or (b) orders goods from Westlab (whether in writing, by online order or e-mail, or verbally including by telephone).
2. PRICING AND DESCRIPTION OF GOODS: All prices for goods published or quoted by Westlab are in Canadian dollars exclusive of GST & PST, and are subject to alteration without notice. All brands, types or styles of goods published for sale by Westlab are indicative only, and may be replaced by an equal or better product. All published dimensions are nominal only. Rewards and bonus offers are restricted to one per customer within the validation period.
3. HANDLING FEES: Westlab pays handling fees for orders above $75 excluding taxes for orders placed online and $500 for orders not placed online, except where contracts are in place. Orders under these minimums are charged a $30 freight fee to all locations in Canada and a $10 under minimum fee applies to orders under $75. Additional fees may apply for products requiring special shipping allowences or shipping to remote locations.
* Note that oversize items and furniture requiring LTL Motor Freight may incur extra freight charges.
4. PAYMENT TERMS: The Buyer must pay the purchase price for the goods on or before delivery of the goods to the Buyer. The Buyer must discharge any accounts agreed in writing within 30 days from the end of the month of invoice. The Buyer must pay to Westlab interest of 3% per month (calculated and accruing daily) on all monies outstanding beyond terms agreed by Westlab.
5. RETURNS, REPLACEMENTS AND CREDITS: To the extent permissible by law: (a) Returns must be first authorised by the Seller and a Return Stock Authority (RSA) form obtained. (b) Returns for credit can only be made within 30 days of purchase.To obtain a Goods Returned No. the date of purchase and the original Invoice No. must be quoted. Goods are to be returned freight prepaid and are to include the RSA Form. Returns are subject to a restocking fee and will only be accepted if the goods and packaging are received in an unused and original condition. Return of incorrectly supplied or defective goods at the Seller’s expense will be by the carrier of the Seller’s choice. The Seller will not accept freight charges for goods returned by other means. To the extent permissible by law, goods specially purchased, manufactured, machined or cut to size to the Customer’s specifications are not returnable.
6. CLAIMS: Westlab may ignore any claim for supply shortages or delivery discrepancies not notified to Westlab within seven (7) days of delivery. Westlab may ignore any claim for replacement of goods supplied if: (a) Westlab is not permitted to inspect the goods on request; (b) the goods were free of faults, defects and damage on supply; or (c) there is reasonable evidence that the goods were damaged after supply by misuse or unreasonable use.
7. SECURITY: All goods sold or supplied to the Buyer remain the property of Westlab until all debts owed by the Buyer to Westlab whatsoever are paid in full. The Buyer grants to Westlab a charge over the Buyer’s current and future tangible personal property, to secure the performance of the Buyer’s current and future obligations to Westlab . Westlab reserves all rights and remedies available on the Buyer’s default on these Terms (including, without limitation, the right to seize and dispose of or retain goods).
8. BUYER’S LIABILITY: The Buyer is fully responsible and liable for all of Westlab's goods in the Buyer’s possession, and must maintain those goods in the condition as received. Clauses 3 and 4 apply even if the Buyer goes into bankruptcy, liquidation or receivership, or changes ownership. The Directors of the Buyer (being a company) are personally, jointly and severally liable to Westlab for the Buyer’s failure to pay any account by the date due.
9. DEBT COLLECTION FEES: The Buyer is liable for any debt collection service fees incurred in respect of any outstanding and overdue debts that the Buyer owes to Westlab.
10. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”):
10.1 (Registration) Westlab may refuse to sell or supply goods to the Buyer until the Buyer provides all details and data needed to register a “financing statement” or “financing change statement” under the PPSA with respect to any security interest the subject of these Terms.
10.2 (Application of payments) If the Buyer makes any payment to Westlab, Westlab may apply the payment to satisfy any obligation of the Buyer to Westlab (whether unsecured, secured by security interest, or secured by purchase money security interest). Westlab may: (a) apply the payment in any order or manner that it (in its absolute discretion) thinks fit; and (b) amend or re-apply any application made.
10.3 (exclusions) Sections 95, 121(4), 125, 130, 132(3)(d), 132(4), and 135 of the PPSA are excluded and contracted out of to the full extent permitted by section 115 of the PPSA. The Buyer waives the right under PPSA section 157 to receive a notice in relation to registration events which relate to collateral described in the registration as commercial property.
11. SEVERABILITY: If a clause or part of a clause in these Terms and Conditions is illegal, unenforceable or invalid, that clause or part is excluded from these Terms and Conditions without affecting the remaining Terms and Conditions.
12. EXPRESS SCIENCE: The express science tick indicated that there is 1 or more of the product in-stock. If orders are placed before 12.30pm these will be despatched sameday. The express science ticks are updated every 30minutes.
13. LEGAL EMAIL DISCLAIMER: This email is intended only for the use of the party to which it is addressed and may contain information that is privileged, confidential, or protected by law. If you are not the intended recipient, you are hereby notified that any dissemination, copying or distribution of this email or its contents is strictly prohibited. If you have received this message in error, please notify the sender immediately and delete it from your computer.