These Terms and Conditions (the “Terms”) govern access to and use of the websites located at scwbep.com and scwmfg.com (together, the “Site”) and the purchase of Products through the online store on the Site. The Site is operated by SCW Bio-Energy Products, a division of Sturgeon Creek Welding Ltd. (“SCW”, “we”, “us” or “our”).
By accessing the Site, creating an account or placing an Order, you (“you” or the “Customer”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site.
1.Definitions
In these Terms:
- “Order” means an order for Products submitted through the online store on the Site.
- “Products” means the goods offered for sale through the online store, including pipe, fittings, tools and parts.
- “Quoted Equipment” means boilers, stokers, grain dryers, fuel handling systems, fabrication, and any other equipment or services that SCW supplies under a written quotation or sales agreement.
- “Sales Agreement” means SCW’s written quotation, order acknowledgement or sales agreement for Quoted Equipment.
2.Use of the Site
You may use the Site for lawful purposes only. You represent that you have reached the age of majority in your province, territory or state of residence and, where you act on behalf of a business, that you are authorized to bind that business. You must not:
- interfere with or disrupt the operation or security of the Site;
- attempt to gain unauthorized access to the Site, its servers or any account;
- copy, scrape or harvest content or data from the Site by automated means without our written consent;
- submit information that is false, misleading or unlawful; or
- use the Site in any manner that infringes the rights of SCW or any third party.
We may suspend or terminate access to the Site, without notice, for any breach of these Terms.
3.Accounts
An account is required to place an Order. You are responsible for maintaining the confidentiality of your login credentials, for all activity under your account, and for keeping your account information accurate and current. You must notify us promptly of any unauthorized use of your account.
4.Site content and accuracy
We make reasonable efforts to keep product descriptions, specifications, photographs and prices on the Site accurate and current. Errors may nonetheless occur, and products and specifications are subject to change without notice. Content on the Site is provided for general information only and does not constitute engineering, design or other professional advice for any particular project.
4.1 Savings calculator
Results produced by the savings calculator, including any report sent to you, are estimates only. They are based on the information you enter and on assumptions regarding fuel prices and equipment performance. Actual results will vary. The results are not a representation, warranty or guarantee of savings or performance.
4.2 Grants and incentives
Information on the Site about government grants and incentive programs is general guidance only. Program terms, funding and eligibility are determined solely by the program administrator and may change or end without notice. SCW does not represent or guarantee that you or your project will qualify for or receive any funding.
5.Quoted Equipment
Quoted Equipment is sold exclusively under a Sales Agreement. In the event of any conflict between a Sales Agreement and these Terms, the Sales Agreement prevails. A quote request submitted through the Site is an inquiry only and is not an order. Nothing on the Site constitutes a binding offer by SCW to sell Quoted Equipment.
6.Online store orders
6.1 Offer and acceptance
Your Order constitutes an offer to purchase the Products listed in it. An automated confirmation of receipt is not acceptance. A contract is formed only when we ship the Products, make them available for pickup, or confirm acceptance of the Order in writing, whichever occurs first.
6.2 Refusal and cancellation
We may refuse or cancel any Order, in whole or in part, including where a Product is unavailable or where a Product was listed with an error in its price or description. If we cancel an Order for which payment has been taken, we will refund the amount paid for the cancelled items.
6.3 Prices and taxes
Prices are stated in Canadian dollars and are subject to change without notice. Prices do not include applicable taxes or shipping charges, which are added at checkout or confirmed with you before shipment.
6.4 Payment
Payment in full is due at the time the Order is placed, unless we agree otherwise in writing. Card payments are processed by a third-party payment processor.
7.Shipping, delivery and pickup
We ship Orders within Canada and to the United States. Orders may also be picked up at our facility in Headingley, Manitoba. Where freight charges are not calculated at checkout, we will confirm them with you before the Order is shipped.
Shipping and delivery dates are estimates only, and SCW is not liable for delay in delivery. Title to the Products and risk of loss or damage pass to you when the Products are delivered to the carrier or, for pickup Orders, when they are collected.
For shipments to the United States, you are the importer of record and are responsible for all customs duties, brokerage fees, import taxes and compliance with import requirements.
8.Inspection and claims
You must inspect each shipment on delivery. Visible damage or shortage must be noted on the carrier’s delivery receipt. You must report any damage, shortage or shipping error to SCW in writing within five (5) business days of delivery. Claims reported after that period may be refused.
9.Returns
This section applies to Products purchased through the online store. Returns of Quoted Equipment are governed by the applicable Sales Agreement.
- Return period. Products may be returned within thirty (30) days of delivery, provided they are unused and in their original condition and packaging.
- Authorization. You must obtain a return authorization from SCW before returning any Product. Returns received without authorization may be refused.
- Restocking fee and shipping. Authorized returns are subject to a restocking fee of fifteen percent (15%) of the purchase price. Return shipping is at your expense and risk. Original shipping charges are not refundable.
- Final sale items. Custom, cut-to-length and special-order Products are final sale and may not be returned.
- Defective or incorrect Products. Products that are defective on arrival, or that were shipped in error by SCW, will be repaired, replaced or refunded at SCW’s option, without a restocking fee.
- Refunds. Refunds are issued to the original method of payment after the returned Products have been received and inspected.
10.Warranty
Products are covered only by the written warranty, if any, provided by SCW or by the manufacturer of the Product.
Except for that written warranty, and to the fullest extent permitted by law, the Site and all Products are provided “as is”, and SCW disclaims all other representations, warranties and conditions, whether express, implied or statutory, including any implied warranties or conditions of merchantability, merchantable quality, durability or fitness for a particular purpose.
11.Installation and use
Heating equipment, pressure vessels, piping and related Products must be installed, operated and maintained by qualified persons, in accordance with the applicable product manuals and all applicable codes, standards, permits and regulations. You are solely responsible for determining that a Product is suitable for your intended application.
12.Intellectual property
The Site and its content, including text, photographs, videos, drawings, logos, trademarks and software, are owned by or licensed to SCW and are protected by copyright, trademark and other laws. You may view and print pages of the Site for your own use in dealing with SCW. No other reproduction, distribution, modification or use is permitted without SCW’s prior written consent.
13.Third-party websites
The Site contains links to websites that SCW does not own or control. Those links are provided for convenience only. SCW does not endorse and is not responsible for the content, products or practices of any third-party website.
14.Limitation of liability
To the fullest extent permitted by law:
- SCW, its directors, officers, employees, dealers and agents are not liable for any indirect, incidental, special, punitive or consequential loss or damage, including loss of profit, loss of production, downtime, loss of use or loss of data, arising out of or in connection with the Site or any Product purchased through it, whether in contract, tort (including negligence) or otherwise, and whether or not SCW was advised of the possibility of such loss; and
- SCW’s total aggregate liability for any claim arising out of or in connection with an Order is limited to the amount you paid for the Product giving rise to the claim.
Nothing in these Terms excludes or limits any right or remedy available to you under applicable consumer protection legislation that cannot lawfully be excluded or limited.
15.Indemnity
You agree to indemnify and hold harmless SCW, its directors, officers, employees and agents from and against all claims, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of your misuse of the Site or your breach of these Terms.
16.Force majeure
SCW is not liable for any failure or delay in performing its obligations where the failure or delay results from a cause beyond its reasonable control, including acts of God, severe weather, fire, flood, labour disputes, carrier delays, shortages of materials, failure of utilities or telecommunications, or acts of government.
17.Privacy
Our Privacy Policy describes how we collect, use and disclose personal information and forms part of these Terms.
18.Governing law and jurisdiction
These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable in that province, without regard to conflict of laws principles. You submit to the exclusive jurisdiction of the courts of Manitoba in respect of any dispute arising out of these Terms, the Site or an Order, except where applicable consumer protection legislation in your place of residence gives you the right to bring proceedings elsewhere.
19.Changes to these Terms
We may amend these Terms from time to time. The amended Terms will be posted on this page with a revised effective date. The Terms in effect at the time an Order is placed apply to that Order. Your continued use of the Site after an amendment is posted constitutes acceptance of the amended Terms.
20.General
- Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
- No waiver. A failure or delay by SCW in enforcing any provision of these Terms is not a waiver of that provision or of the right to enforce it later.
- Entire agreement. These Terms, together with the Privacy Policy and, for Quoted Equipment, the applicable Sales Agreement, constitute the entire agreement between you and SCW regarding their subject matter.
- Headings. Headings are for convenience only and do not affect the interpretation of these Terms.
21.Contact
SCW Bio-Energy Products
A division of Sturgeon Creek Welding Ltd.
Road 63 North, Headingley, Manitoba R4J 1C1
Telephone: (204) 694-2398
Email: info@scwmfg.com
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