Refund and Returns Policy
General Terms and Conditions
Thank you for choosing to do business with WCC Water Conservation Company Ltd., (“we“, “us“, “our“). These terms and conditions (the “Terms“) are important and affect your legal rights, so please read this document carefully and seek legal advice if you do not fully understand any of these Terms.
- Applicability: Unless otherwise indicated in a formal written amending agreement between you and us, these Terms govern the purchase of goods and services by you from us (“Goods” and “Services“). Our current price list and our website or other marketing materials constitute offers to sell and your acceptance of a sale order quotation or other contract documentation (including an invoice) for the sale of Goods or provision of Services (the “Purchase Order“) indicates your acceptance of these Terms. The Purchase Order and these Terms together form the entire agreement between you and us (the “Agreement“) and supersede all prior or contemporaneous written and oral understandings, agreements, negotiations, representations and warranties, and communications.
- Delivery of Goods: Unless otherwise agreed in writing between you and us, and subject to availability, the Goods will be delivered by the “on or before” date specified in the Purchase Order, or if no “on or before” date is specified, the Goods will be delivered within 30 days of the date of the Purchase Order (subject to confirmation by us where the Goods constitute a special or advance order, are out of stock, or are subject to a supplier back order, which in each case may result in delayed delivery). We cannot confirm or guarantee a specified delivery time on the intended delivery date other than the Goods will be delivered during normal business hours. We require no less than 48 hours prior written notice if there is a cancellation in the booked delivery date or change in delivery address, delivery date, or any foreseen circumstance that may affect the scheduled delivery. If there are cancellations or changes within 48 hours of the delivery date, you will be charged for that delivery. In addition, we reserve the right to apply additional charges in the event of any change in delivery address, delivery date or any foreseen circumstance that may affect the scheduled delivery where we incur additional costs to accommodate such changes. Where applicable law may limit such additional costs to the lesser of 10% of the Price and $100, you hereby expressly consent to any such additional costs which may exceed such limits.
- Shipping Terms: We will deliver the Goods from our warehouse to the location specified by you on the Purchase Order (the “Delivery Point“) using our standard packaging and shipping methods and routes. We will not be liable for any delays, loss, or damage in transit. Any and all claims for Goods damaged in transit are to be made by you directly against the carrier. If any Goods are damaged during shipping, you agree to notify the carrier and us immediately in writing and you must not open, use, or install the Goods. We will not insure shipments unless you request that we do so and in such case any such insurance will be at your sole cost. You may request partial shipments of Goods to you in which case each shipment will constitute a separate sale and you will pay for all Goods shipped. Any Goods omitted from shipment due to stock shortages will be back ordered and shipped as soon as possible, unless you are advised that the Goods cannot be ordered. Our liability for failing to deliver any Goods will be limited to delivering the Goods within a reasonable time or adjusting the invoice to reflect the actual quantity of Goods delivered. You may cancel the Purchase Order if we have misrepresented the availability of Goods or in the case of partial shipments (other than partial shipments made at your request).
- Access to Delivery Point and Placement of Goods: Delivery access must be clear and unobstructed, dedicated parking and unloading area must be provided on site by you. Doorways, passageways and stairways must be measured to ensure that the Goods will fit and can easily enter the suite or premises. You must notify us in advance of delivery if the delivery site has several staircases or constricted or returning staircases as more delivery people may be required to complete the delivery. In the event that the site conditions at the Delivery Point differ materially from what was described or what would be considered reasonable, we reserve the right to charge for any additional or above-normal delivery costs incurred. Where applicable law may limit such additional costs to the lesser of 10% of the Price and $100, you hereby expressly consent to any such additional costs which may exceed such limits. It is your responsibility to measure the required cut-out size (H x W x D) and confirm fit to dimensions of the Goods. You must be present at the Delivery Point or have a duly authorized representative who is 18 years of age or older present when delivery takes place to accept delivery and sign that the Goods have arrived in satisfactory condition. You must provide us with written notice of any damage to the premises resulting from delivery of the Goods within 24 hours of delivery. We are not responsible for any damages or defects for which you have not provided immediate notice within the time periods set forth herein and any Goods (except those for which such notice has been given) will be deemed to have been delivered in an acceptable and satisfactory condition.
- Title and Risk of Loss: We retain title to the Goods and warranties until we have received full payment for the Goods. Notwithstanding the foregoing, risk of loss and damage to Goods passes from us to you at the time the Goods are loaded onto the carrier at our warehouse.
- Inspection/Non-Conforming Goods: It is your responsibility to inspect the Goods immediately upon receipt. You agree to provide us with written notice (together with pictures if we request same) within three business days of delivery of any Goods which were delivered in a damaged condition in which case we will use reasonable commercial efforts to repair any damage or if necessary, obtain a replacement item. Any delivery of Goods which are different from the Goods identified in the Purchase Order (“Non-Conforming Goods“) must be noted on the driver’s copy of the delivery slip (“Delivery Slip“). In the absence of Non-Conforming Goods being noted on the Delivery Slip, you will be deemed to have accepted the Goods as delivered and no Claims shall thereafter be made on the basis that the delivered Goods are different from the Goods identified in the Purchase Order. Subject to the following sentence, if you notify us of any Non-Conforming Goods on the Delivery Slip, we will, at our option: (A) replace the Non-Conforming Goods with conforming Goods in which case the conforming Goods will be shipped to the Delivery Point at our expense; or (B) credit or refund the price of the Non-Conforming Goods. If, however you notify us of any Non-Conforming Goods on the Delivery Slip and provide us with written notice that you elect to reject the Non-Conforming Goods or the entire order, then we will accept the return of such Non-Confirming Goods, or, if applicable, the entire order, provided that the Goods have not been used or damaged by you.
- Refund/Return/Cancellation Policy: If you are not satisfied with the Goods that you have purchased, you may return or exchange such Goods within seven days of delivery, subject to the following conditions: (A) like new with no signs of use, unopened Goods may be returned without restocking fees; (B) new, opened Goods may be returned if authorized by us and will be subject to a 30% restocking fee; (C) delivery charges are non-refundable; (D) additional delivery charges may apply to returns and exchanges; (E) the following Goods cannot be returned or exchanged: used Goods, special order models, floor models, “Open Box” or other “As Is” purchases, and previously installed Goods; and (F) requests for returns or exchanges that relate to service or repair issues are excluded and will be governed by the manufacturer’s warranty terms and conditions.
- To process a return or exchange, you will need to provide the following:
• The original receipt (invoice) from your purchase.
• The original method of payment. Payment card purchases will be refunded to the original payment card. Cheques will be given for returns purchased with a deposited customers (cashed) cheque or cash.
• Original packaging and all items originally included by the manufacturer (including manuals, remote, battery, power cord, and any other included items)
• Your name, address, phone number, and signature. Valid government-issued photo ID may be requested to confirm this information.
• You will provide the above information and WCC Water Conservation Company Ltd., will provide you with a RN number to attach to the returned items.
• You will ship and or deliver the item back to WCC Water Conservation Company Ltd., at your cost.
- Performance of Services: We will provide the Services as described in the Purchase Order in accordance with these Terms. You will: (A) cooperate with us in all matters relating to our provision of the Services and provide access to the premises or suite for the purpose of performing the Services; (B) respond promptly to any of our requests to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for us to perform the Services; and (C) obtain all necessary consents in relation to the Services before the date on which the Services are to start.
- Price: The price that you pay for the Goods or Services (the “Price“) will be the price quoted in the Invoice and or Purchase Order; provided however, if any Goods are not shipped or any Services are not provided within ninety days from the date of the Invoice and or Purchase Order (otherwise than due to our fault) and we incur additional costs in sourcing or delivering such Goods as a result of such delay (due for example to an increase in prices charged by the supplier, changes in the USD/CAD exchange rate or otherwise), then we will charge you for such additional costs. Where applicable law may limit such additional costs to the lesser of 10% of the Price and $100, you hereby expressly consent to any such additional costs which may exceed such limits. A delivery charge will apply based on the number of units being delivered and the delivery address, unless agreed to the contrary in the Purchase Order. The Price includes the manufacturer’s warranty. Delivery is extra. All prices are quoted in either US or Canadian dollars. Price may vary by State, Province, or region.
- Applicable Taxes/Environmental Handling Fees: The Price excludes all sales tax, goods and services tax, state taxes, provincial sales tax, retail sales tax, social services tax, value added tax, use and excise taxes, environmental handling fees, and any other similar taxes, duties, fees and charges of any kind imposed by any governmental authority on any amounts payable in respect of the Goods and Services and you will be responsible for all such charges, costs, fees and taxes.
- Payment Terms: Payment of the Price in full is due prior to delivery. Invoices are payable to WCC Water Conservation Company Ltd., Cash, cheques, certified cheques, bank drafts, electronic funds transfer, debit card and credit card are acceptable methods of payment. Should you wish to dispute any invoice, you must give written notice to us within 30 days from the date of invoice, failing which all invoices shall be deemed correct. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification. Special orders and orders for custom Goods require a deposit equal to 100% of the Price (defined below). Deposits on special orders and orders for custom Goods are not refundable and are non-transferable.
- You acknowledge and agree that the warranty for the Goods is provided by the manufacturer of such Goods and that the warranty is limited to the service or repair of the Goods during the warranty period specified in the manufacturer’s warranty. Any and all warranty service to be provided in accordance with the manufacturer’s warranty is the manufacturer’s responsibility. We do not perform any warranty service and are not responsible for any warranty service provided or not provided by the manufacturer. Nor are we responsible for any breach or alleged breach by the manufacturer of its obligations under its warranty. Full particulars of the manufacturer’s warranty are available in the owner’s manual that accompanies each unit. We are not liable for any misuse or improper installation and or operation of the Goods by you or anyone acting on your behalf. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE MANUFACTURER’S WARRANTY, WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. With respect to Services, we warrant to you that we will perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and, at our option, we will repair or re-perform the applicable Services or credit or refund the price of such Services at the pro rata contract rate.
- Limitation of Liability: IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE AND IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO US FOR THE GOODS AND SERVICES SOLD HEREUNDER OR $3,000, WHICHEVER IS LESS. The preceding limitation of liability shall not apply to liability resulting from our gross negligence or willful misconduct. You acknowledge and agree that the Price paid to us under this Agreement does not include any consideration for us to assume any risks beyond those expressly assumed herein and if any such risks were to be assumed by us, we would not have entered into this Agreement without charging substantially higher fees.
- Acts or Omissions: If the performance of our obligations under the Agreement is prevented or delayed by your acts or omissions or the acts or omissions of your agents, subcontractors, consultants or employees, we will not be deemed to be in breach of our obligations under the Agreement or otherwise liable for any costs, charges or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay.
- Termination: In addition to any remedies that may be provided under this Agreement, we may terminate the Agreement with immediate effect upon written notice to you, if you: (A) fail to pay any amount when due under this Agreement; (B) have not otherwise performed or complied with any provision of this Agreement, in whole or in part; or (C) become insolvent, file a petition for bankruptcy or commence or have commenced against you proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors or if we determine, acting reasonably, that your credit is not satisfactory. We shall have no liability if we terminate this Agreement as provided herein. The sections of this agreement will survive any termination or expiry of this Agreement.
- Waiver: No waiver by us of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by us. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- All non-public, confidential or proprietary information of ours including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by us to you, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with the Agreement is confidential, solely for the use of performing the Agreement and may not be disclosed or copied unless authorized in advance by us in writing. Upon our request, you shall promptly return all documents and other materials received from us. We will be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (A) in the public domain; (B) known to you at the time of disclosure; or (C) rightfully obtained by you on a non-confidential basis from a third party who is under no obligation of confidence to us.
- Force Majeure: We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement, for any failure or delay in fulfilling or performing any term of the Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation: acts of God; flood; fire; earthquake; explosion; governmental actions; war, invasion or hostilities (whether war is declared or not); terrorist threats; sabotage; or acts, riot or other civil unrest; local, provincial or national state of emergencies; revolution; insurrection; epidemic or pandemic (including those declared by any of the World Health Organization, the Public Health Agency of Canada, Provincial Public Health Agencies or the Chief Medical Officer of Canada or the Chief Medical Officers of any Province of Canada); lockouts, strikes or other labour disputes (whether or not relating to either party’s workforce); or restraints or delays affecting carriers or inability or delay in obtaining Goods or supplies of adequate or suitable materials; telecommunication breakdown or power outage.
- You shall not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
- Governing Law: All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of Ontario or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- Any legal suit, action, litigation or proceeding of any kind whatsoever in any way arising out of, from or relating to this Agreement may be instituted in the courts of the Province of Ontario located in Toronto, Ontario and you irrevocably submit to the non-exclusive jurisdiction of such courts or tribunal, as applicable, in any such suit, action, litigation or proceeding. You agree that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. To the extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
- Time of Essence: Time shall be of the essence hereof.
- Severability: If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
These Terms of Service were last updated December 2022.