We have confidence in our products, and you should too!
We understand the importance of choosing the right product, for the right project, and we want to empower you to make a confident buying decision. That’s why we offer a 30 Day Money Back Guarantee.
If you’re not completely satisfied with your purchase, you can return it for a refund of your order cost (less return shipping and handling costs and Original Shipping Charges as described and defined in the BuildDirect Terms of Sale) within 30 days of delivery.
To qualify for a 30 Day Money Back refund:
You are responsible for paying the return shipping and handling costs associated with the return of your order (for both partial and full order returns).
In order to receive a full payment refund (less return shipping and handling costs and Original Shipping Charges as further defined and described in the BuildDirect Terms of Sale), for a full order as part of our 30 Day Money Back Guarantee, you must return your order in its entirety and every piece of the order that you received on the date of delivery must be returned in its original packaging and in re-sellable (“as new”) condition. Once you have everything accounted for and packaged in accordance with the above qualifications please contact us and we will arrange a pick-up of the product.
If you’re looking to return only a portion of your order as part of the 30 Day Money Back Guarantee, we can certainly accommodate your request. Once you have all returning portions of your order accounted for and packaged in accordance with the above qualifications please contact us and we will arrange a pick-up of the product.
Our 30-Day Money Back Guarantee does not extend to Custom Orders, Container Orders, special orders, or clearance items for full or partial order returns.
All 30 Day Money Back returns are subject to the BuildDirect Terms of Sale.
Contact our friendly customer service staff if you’re unsure whether or not your product qualifies or if you have any other questions. You can give us a call at 1-877-664-2845 or send us an email at email@example.com;
BuildDirect is commited to sustainable forest management. It promotes efforts to achieve the fastest practicable progress towards environmentally sound permanent forest management worldwide.
BuildDirect has a clear environmental policy and a clear environmental purchasing policy for wood and wood products. The environmental policy is based on two founding principles: Forests, forest functions and products, including woods, contribute to human well being worldwide. Every country, must value its forests and strive for equity in access to the benefits which forests provide. The ultimate responsibility for forest policy lies with the sovereign Government and people of individual forested countries. They have the task of balancing environmental, economic, social and political needs. Nevertheless, BuildDirect believes that the timber industry has a responsibility to its customers, suppliers and staff to base its commercial activities on properly managed forests. In acknowledging these principles:
BuildDirect is committed to sustainable forest management. It promotes efforts to achieve the fastest practicable progress towards environmentally sound permanent forest management worldwide.
BuildDirect supports responsible domestic and international efforts which focus attention on the various threats to the world's productive forests.
BuildDirect encourages the use of wood as an environmentally acceptable and renewable material and is constantly seeking beneficial ways to reduce wood waste and to utilize residues. In relation to tropical forests BuildDirect asks suppliers to show evidence that they and their respective Governments are undertaking practical measures to implement the ITTO Objective 2000; and urges the U.S. Government to maintain and increase aid and other positive assistance to those tropical countries which are endeavoring to implement the ITTO "Guidelines for the Sustainable Management of Natural Tropical Forests."
BuildDirect expects to review and extend this policy as deemed necessary.
BuildDirect will seek the clearest practical information regarding product sources. At a minimum, this will include country of origin.
BuildDirect will also seek evidence of good practice and forest management from all suppliers of wood products. Labels or certificates warranting sustainability will not be acceptable unless they have the approval of the Forestry Department/Ministry of source countries which have established comprehensive national forestry action plans, or until such time as an internationally acceptable criteria for sustainability is established by a recognized authority.
BuildDirect will give preference to suppliers of all wood products from sources providing information on good silviculture and logging practices, and which are operating within the forestry laws of the country concerned. Specifically with respect to tropical wood products, BuildDirect will give preference to purchases from countries demonstrating commitment to, and the implementation of, Objective 2000 and implementation of "Guidelines for the Sustainable Management of Natural Tropical Forests," of the International Tropical Timber Organization (ITTO).
BuildDirect subscribes to the evolution of more efficient use of the forest resources and the wood derived from them. In this respect we support concepts of using a wider variety of species when silviculturally and ecologically appropriate and making greater economic and practical use of raw material including residues and waste.
BuildDirect expects to review and extend this policy as deemed necessary.
On May 22, 2008, the U.S. Congress passed a law banning commerce in illegally sourced plants and their products – including timber and wood products. The new law is an amendment to a 100-year old statute, named the Lacey Act after the Congressman who first championed it.
The Lacey Act prohibits all trade in plant and plant products (e.g. furniture, flooring, paper or lumber) that are illegally sourced from any U.S. state or any foreign country.
BuildDirect only deals with suppliers that are 100% compliant with the Lacey Act.
We exercise due diligence in selecting our suppliers of wood products, ensuring that our suppliers are aligned with our Environmental Policy for Wood. And we exercise significant due care in purchasing wood products from our wood suppliers in accordance with our Purchasing Policy for Wood & Wood Products.
To this end, BuildDirect has adopted the due diligence practices for legal wood sourcing developed by the International Wood Products Association Due Diligence Task Force.
Proud members of:
These Terms of Sale are effective July 14, 2022
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions (the “Terms of Sale”) that apply to a customer’s (“You” and where applicable “Your”) purchase from BuildDirect.com Technologies Inc. (“BuildDirect”) and/or the third party seller named on the invoice (a “Supplier”) of products for sale on www.builddirect.com (the “Site”). You agree, as a condition of sale, to be bound by and accept these Terms of Sale as applicable to Your purchase of product(s) from the Site.
These Terms of Sale are subject to change without prior written notice at any time, in BuildDirect’s sole discretion.
You may request a change to an order, excluding Custom Orders and Container Orders, under an invoice provided that such order change requests:
Any quotations given by BuildDirect will be valid for the period stated on the quotation. BuildDirect reserves the right to adjust or cancel quotations as required.
BuildDirect offers delivery worldwide based on your Shipping Address. Certain restrictions may apply based on order size and content as well as restrictions imposed at law. Notwithstanding the foregoing, shipping is not available to post office boxes.
Notwithstanding anything to the contrary set out in these Terms of Sale, following the purchase of Your order from BuildDirect, BuildDirect will send You a notification (to the email address you provided as part of the purchase of Your order) confirming that Your order has shipped and providing You a shipment tracking number for Your order (the “Shipping Notice”).
Subject to the Delivery Option you select for Your order (as described in the Terms of Sale), BuildDirect will deliver Your order, via its logistics or delivery agent(s), to the shipping address You provide at the time of purchase and as indicated on the invoice for Your order (the “Shipping Address”).
Any delivery dates or lead-times of any kind provided by BuildDirect are estimates only and subject to change. BuildDirect provides no guarantee regarding the date or time for the delivery of Your order.
The actual date of delivery of Your order will depend on a number of factors including but not limited to the size and contents of Your order and delivery method and option(s) selected and available during the processing of Your order.
Unless otherwise agreed to in writing by BuildDirect and subject to these Terms of Sale, all deliveries of Your order will be to the street curb-side of the Shipping Address only. You will be responsible for moving the contents of Your order from the street curb-side of the Shipping Address into Your home or business
Due to the length, size and weight of certain products and the location of the Shipping Address, curb-side delivery as described above may not be available in which case You will be required to offload or assist with the offloading of Your order from the delivery truck or pick the order up in accordance with the “Pick-up Option” set out in these Terms of Sale.
Curb-side Delivery and Customer Offload are collectively defined for the purposes of these Terms of Sale as “Standard Delivery.”
Further information regarding the above noted delivery options are set out at: www.builddirect.com/Shipping
Warehouse Pick-up Option:
Subject to the products in Your order and the Shipping Address, You may have the option of picking-up an order directly from a warehouse location of BuildDirect, a Supplier or one of their warehouse service providers (each a “Warehouse Pick-Up”).
The election of this option must be made prior to issuance of invoice by BuildDirect to You for Your order.
Notwithstanding anything to the contrary contained herein, if You elect the option of picking up an order directly from a warehouse location of BuildDirect, a Supplier or one of their warehouse service providers, you are required to retrieve your order from the Warehouse Pick-up location shown on your order invoice within fourteen (14) days of the scheduled pick-up date communicated to You by BuildDirect. Due to limited warehouse space, if Your order is not retrieved within fourteen (14) days of Your scheduled pick-up date, BuildDirect may, in its sole discretion, cancel Your order and refund You the cost of such order paid by You to BuildDirect less any applicable Original Shipping Charges (as set defined herein) and any other charges pursuant to Section 7(e) herein.
Further information regarding the Warehouse Pick-Up Option are set out at: www.builddirect.com/Shipping
You are responsible for all costs related to the shipping and delivery of Your order to the Shipping Address or designated Warehouse Pick-up location (as applicable) including but not limited to all customs and duties that may be applicable to Your order.
It is Your responsibility to provide BuildDirect accurate and complete information in order to allow BuildDirect and/or its delivery agents to facilitate the delivery of Your order.
Shipping rates and delivery pricing provided to You for your order are for Standard Delivery only. Storage and/or shipping charges and other warehouse charges may apply if You can not be contacted, or are unavailable to receive product or if an order is redirected at Your request.
If a shipping rate and/or delivery pricing is quoted at an incorrect rate due to typographical error, error in product attributes received by BuildDirect from a Supplier, or error in pricing from BuildDirect’s delivery agents, BuildDirect will have the right to refuse, adjust, or cancel any orders placed by You whether or not the order has been confirmed by BuildDirect or whether or not payment has been remitted by You to BuildDirect.
Subject to these Terms of Sale, BuildDirect may, from time to time, offer certain shipping and delivery promotions to its customers including discounted or free delivery for certain products on the Site (individually a “Shipping Promotion” and collectively the “Shipping Promotions"). Shipping Promotions are only available to customers with shipping addresses in the United States and Canada (expressly excluding Alaska, Hawaii, all offshore US Territories, the Yukon, Northwest Territories and Nunavut) and are subject to (i) product inventory levels in the geographic region within which Your Shipping Address and/or Warehouse Pick-up location is located (ii) the location of Your Shipping Address relative to the BuildDirect or Supplier warehouse location which the product(s) in Your order is stored or distributed from (iii) the weight, volume and type of product(s) in Your order (iv) the Delivery Option You select for Your order (v) international customs and duties applicable to the product(s) in Your order and (vi) whether Your purchase of a product to which a Shipping Promotion applies is combined with Your purchase of any other product (to which the Shipping Promotion does not apply). Shipping Promotions are subject to change and/or termination at any time in BuildDirect’s sole discretion without notice to You and without any liability to BuildDirect. Notwithstanding anything to the contrary contained in this provision, the cost of Your order (including, without limitation, any costs related to the shipping and delivery of Your order to your Shipping Address or Warehouse Pick-up location) will be detailed on the shopping cart page for Your order prior to purchase and on the BuildDirect invoice for Your order.
You are responsible for inspecting the products in Your order for shortages or signs of damage upon receipt of Your order . All freight loss, and damage claims must be documented and filed in accordance with the Claims process set out in these Terms of Sale.
Title to the products in Your order passes from BuildDirect and/or a Supplier to You upon completion of shipment of Your order to the Shipping Address or applicable Warehouse Pick-Up location and Your acceptance of the order.
Risk of loss for products purchased by You passes to You upon transfer of title as set out herein.
Further details regarding the inspection of an order are set out at: www.builddirect.com/Shipping
You are responsible for all sales, use, excise, value-added and other charges associated with Your order, however designated, including any duties, clearance charges or other destination charges.
If applicable, a separate charge for such items will be shown on the invoice for Your order including but not limited to for any applicable federal, state, provincial, territorial, or local tax of the location to which the product is being shipped.
Orders delivered or sourced to Washington State: Sales or use tax is due on certain purchases of product from BuildDirect that are delivered or sourced to Washington. Washington requires You to file a use tax return when sales tax is not paid at the time of purchase. This message is required under the Revised Code of Washington 82.13.020(2)(a)(i).
All warranties set out are Manufacturer-specific warranties only. The limited warranty applicable to each product sold by BuildDirect or the Supplier on the Site is set out under the heading “Warranty” located on the Site’s PDP(s) for the products in Your order (each a “Warranty” and collectively the “Warranties”). Such limited warranty applies to each sale by BuildDirect or the Supplier of that respective product.
BuildDirect makes no express warranties except those stated in (a) these Terms of Sale in effect on the date of Your purchase of Your order and (b) in the Warranty, if any, available on the applicable Site PDP at the time of Your purchase. For clarity, in the event of any conflict between the Warranty for a product and any hard copy of such Warranty that may or may not be contained in the packaging you receive for such product following purchase, the Warranty on the applicable Site PDP will govern.
Any such Warranties will be effective, and BuildDirect will be obligated to honour any such Warranties, only upon BuildDirect’s receipt from You of payment in full for the item to be warranted.
Before returning any item, You must contact BuildDirect for a Warranty Authorization (WA) number within the allowable period specified in the applicable Warranty. The WA number is valid only for the product described therein. The product returned must match the product authorized for return.
You must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through BuildDirect’s Logistics Department. You are responsible for all shipping and handling charges of Warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under the Warranty. Whenever possible or as outlined under the Warranty, all items must be in “as new” condition, in original packaging and with all Warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package.
BuildDirect may require that You provide a short written explanation and photographs of the product you are seeking to make a Warranty claim in relation to. In some cases an on-site inspection of the product will be required. BuildDirect’s Customer Experience Team will advise You of the details specific to the assessment of a given Warranty claim. Validation of a Warranty claim is, in any event, in BuildDirect’s sole discretion.
Upon delivery of an order to the Shipping Address or applicable Warehouse Pick-Up location You are responsible for the inspection of Your order in accordance with these Terms of Sale.
In the unlikely event of any freight shortages or signs of damage with Your order You must complete the following steps:
Record the number of boxes damaged or short next to Your signature on the delivery receipt provided by BuildDirect or its delivery agent at the time of delivery of the order (the “Delivery Receipt”);
Take photos of the order upon arrival at the Shipping Address or applicable Warehouse Pick-Up location;
Record any further details about the subject damage or shortage on the Delivery Receipt including the word “Damage” or “Short” as applicable; and
Report any such damages to BuildDirect at firstname.lastname@example.org within thirty (30) days from the date the shipment was delivered to You at the Shipping Address or received by You at an applicable Warehouse Pick-Up location.
Subject to Your compliance with BuildDirect’s claims process set out herein and BuildDirect’s validation of such claims, in BuildDirect’s sole discretion acting reasonably, BuildDirect will arrange to either re-ship to you replacement product (for damages) or additional product (for shortages) at BuildDirect’s expense or provide You a compensation credit for the value of the goods damaged or short.
You can return product for any reason within 30 days of delivery and get a refund of the product purchase price for Your order subject to the below noted conditions (the “Guarantee”).
Conditions of the Guarantee:
This Guarantee is subject to satisfaction of the following conditions:
You must request a return of Your order from BuildDirect (via email at email@example.com) within 30 days of the original delivery date of Your order;
The product must be in its original packaging, and in the same “as new” and re-sellable condition as when it arrived at the Shipping Address or as when you picked Your order up from the designated Warehouse Pick-Up Location. The product must also be palletized before pickup (where applicable);
The product must not have been used, modified, installed, or marked in any way.
The Guarantee does not apply to any partial and full orders of clearance items special orders, Custom Orders or Container Orders.
BuildDirect does not accept title to orders returned by You in accordance with this Guarantee until the subject order arrives back at a warehouse of BuildDirect and/or its warehouse services agent and BuildDirect has confirmed, in writing, that the above conditions of the Guarantee have been satisfied.
Subject Section 9(c)(iii) and (iv) herein, You must pay the following shipping and handling costs associated with Your returning order:
In the event shipping and handling charges were applied to the delivery of Your product, you are responsible for paying to BuildDirect (1) the total amount of the shipping and handling charges associated with the delivery of Your order to the Shipping Address (or, if applicable, to the Warehouse Pick-Up location of a Supplier or one of its third party warehouse service providers) (the “Original Shipping Charges”) and (2) the shipping and handling costs associated with the return of Your order to a BuildDirect warehouse location (or a warehouse location of one of BuildDirect’s third party warehouse services providers), as determined by BuildDirect in its sole discretion;
In the event Your order was subject to a free delivery Shipping Promotion you are responsible for paying the shipping and handling costs associated with the return of Your order to a BuildDirect warehouse location (or a warehouse location of one of BuildDirect’s third party warehouse services providers), as determined by BuildDirect in its sole discretion. You may inquire about the applicable return shipping and handlings costs associated with a return of Your order pursuant to the Guarantee by contacting the BuildDirect Customer Success team at firstname.lastname@example.org;
In the event Your order was subject to Warehouse Pick-Up from a BuildDirect warehouse location, you are responsible for either (1) paying all shipping and handling costs associated with the return of Your order to a BuildDirect warehouse location (or a warehouse location of one of BuildDirect’s third party warehouse services providers), as determined by BuildDirect in its sole discretion or (2) facilitating the return of Your order, at your sole cost, to the BuildDirect warehouse location at which You received Your order as part of a Warehouse Pick-Up; and
Any brokerage fees, duties and any other fees related to Your order.
Return shipping of Your order pursuant to the foregoing will be facilitated by BuildDirect, its Supplier(s) and/or their service providers (unless you are otherwise facilitating the return of Your order, at your sole cost, to the BuildDirect warehouse location at which You received Your order as part of a Warehouse Pick-Up). The foregoing shipping and handling costs associated with your return of Your order pursuant to the Guarantee may be deducted by BuildDirect from amounts paid by You to BuildDirect for Your order.
Further information regarding the Guarantee is located at: www.builddirect.com/Policies
Return of Full Order
In order for You to receive a refund for a return of Your full order as part of the Guarantee Your full returning order must (i) meet the conditions specified in Section 9(c) above and (ii) be returned in its entirety meaning every piece of the order that You received must be returned to BuildDirect. Subject to the satisfaction of the foregoing, BuildDirect will arrange for pick-up of Your order and provide You a refund of Your order less applicable charges associated with that order pursuant to Section 9(c) herein.
Partial Return of Order
Notwithstanding anything to the contrary set out in the Terms of Sale:
A partial refund for a partial return of Your order is only available for products purchased from BuildDirect (and therefore not products purchased from third party marketplace sellers on the Site).
In order for You to receive a partial refund in accordance with this Section 9(c)(iv), the subject portion of Your order must (i) meet the conditions specified in Section 9(c) above and (ii) be returned in its entirety meaning every piece of that portion of Your order must be returned to BuildDirect.
Subject to satisfaction of the foregoing, BuildDirect will arrange for pick-up of Your order and provide You a refund the purchase price of the returned product less:
The Original Shipping Charges;
All shipping and handling costs associated with the return of Your product(s) to such location as BuildDirect may designate, acting reasonably; and
Any brokerage fees, duties and any other fees related to Your order.
Container Order Refunds:
You may cancel a Container Order and receive a refund of the Container Order Deposit up until You provide authorized acceptance of the container inspection report which report shall be in a form agreeable to you, BuildDirect and the manufacturer/supplier of the subject product (the “Inspection Report”).
Authorized acceptance of the Inspection Report must be delivered by You to BuildDirect in writing (whether indicated by the placement of Your signature directly on the Inspection Report or by such other written form as BuildDirect may advise in writing is acceptable). Acceptance of the Inspection Report must be provided to BuildDirect no later than fourteen (14) days from the date of your receipt of the Inspection Report.
Your approval of the Inspection Report transfers the now completed Container Order from the place of manufacture to the shipping company. At this point, You are not permitted to cancel or change the Container Order nor will You be entitled to any refund for such Container Order.
Certain products may require an acclimation period prior to installation. We advise that You should not schedule a contractor to install the product until after the product has been received and properly acclimated. No claims on the quality of the product such as milling, grading, average length, end matching, pattern variation, or similar issues will be permitted once product has been installed.
THE WARRANTIES SET OUT IN THESE TERMS OF SALE ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S) (IE THE “WARRANTIES” AS DEFINED HEREIN). EXCEPT FOR THE WARRANTIES (AS DEFINED HEREIN) AND THE GUARANTEE (AS DEFINED HEREIN) BUILDDIRECT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WHETHER EXPRESS, IMPLIED, OR ARISING FROM STATUTE OR OPERATION OF LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT BUILDDIRECT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF SUCH ANY SUCH PURPOSE) WITH RESPECT TO THESE TERMS OF SALE, THE SITE AND ALL PRODUCTS LISTED OR REFERENCED THEREON. BUILDDIRECT ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE, OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE OR BY OPERATION OF LAW. BUILDDIRECT DOES NOT WARRANT THAT THE PRODUCT(S) OFFERED FOR SALE ON THE SITE WILL BE ERROR OR DEFECT-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED NOR THAT ANY PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
FURTHER BUILDDIRECT DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, DEFECTS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF BUILDDIRECT’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY BUILDDIRECT, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE SITE, AND ALL CONTENTS THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SITE AT YOUR SOLE RISK.
BUILDDIRECT DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. YOU AGREE THAT BUILDDIRECT, ITS SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTORS AND OTHER REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF OPPORTUNITY OR OF BUSINESS, OR OTHER DIRECT, PECUNIARY, NON-PECUNIARY, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES HOWEVER CAUSED IN RELATION TO THESE TERMS OF SALE, THE SITE, YOUR USE OF THE SITE, OR YOUR PURCHASE OF ANY PRODUCT FROM THE SITE, REGARDLESS OF THE THEORY OF LIABILITY INCLUDING WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF BUILDDIRECT WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES.
YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE SITE, THESE TERMS OF SALE, AND YOUR PURCHASE OF PRODUCTS OR SERVICES FROM BUILDDIRECT OR A SUPPLIER VIA THE SITE, BUILDDIRECT IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR YOUR ORDER THAT IS THE SUBJECT OF THE ALLEGED LIABILITY. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT,TORT, INCLUDING NEGLIGENCE, WARRANTY OR ANY OTHER THEORY OF LIABILITY).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULL EXTENT PERMITTED BY LAW.
All references to monetary amounts, including prices, on the Site and in these Terms of Sale shall be in U.S. currency.
These Terms of Sale and any sales thereunder shall be governed by the laws of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws rules. You and BuildDirect exclude the application of the United Nations Convention on Contracts for the International Sale of Goods or any other similar legislation to these Terms of Sale.
The Site (excluding any third party linked websites) is controlled by BuildDirect from its offices within the Province of British Columbia, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Site, You agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein notwithstanding any conflict of laws principles.
You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that You do so voluntarily and are responsible for complying with local laws.
For clarity, You hereby waive (1) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and (2) any statutory or other right pursuant to the laws of the jurisdiction in which You are a resident to have a court case or arbitral hearing relating to these Terms of Sale adjudicated or resolved in that jurisdiction.
Any rule of interpretation, law or regulation that provides that language in a contract will be interpreted against the drafter will not apply to these Terms of Sale.
You agree that all disputes, controversies or claims between you and BuildDirect, whether or not such dispute involves a third party, arising out of, in connection with or in relation to your relationship or agreement with BuildDirect, these Terms of Sale, the purchase or use of products from BuildDirect and/or rights of privacy or confidentiality, including, without limitation, any and all disputes regarding: (i) the existence, validity, application, interpretation, performance, enforcement or termination of these Terms of Sale; or (ii) the quality, suitability, fitness, merchantability, durability, safety, design, manufacturing, distribution, sale, purchase, delivery, instruction, warning, performance or use of any product purchased from BuildDirect (collectively, a "Dispute") will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the provisions of the British Columbia Arbitration Act and/or the British Columbia International Commercial Arbitration Act (as applicable) and any amendments thereto. Such arbitration will be conducted pursuant to the Domestic Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre then in force (the “Arbitration Rules”). A single arbitrator will be appointed by agreement of the parties, or, in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be governed by the laws of the Province of British Columbia and the laws of Canada as applicable. The arbitration will be held in Vancouver, British Columbia and will be conducted in the English language. The arbitrator will have jurisdiction to award costs of the arbitration (including attorney’s fees and disbursements and arbitrator fees and expenses). Any award of such arbitrator will be final and binding upon the parties. A judgment on the award of the arbitrator may be entered into any court having jurisdiction over the party or parties against whom an award may be issued and the parties agree to and hereby waive any defences against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in this Release. Where arbitration is prohibited or this section is unenforceable under applicable laws, the parties hereby agree to the exclusive jurisdiction of the courts of Vancouver, British Columbia, Canada with respect to any Disputes.
These Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s) or agreement except upon the express written agreement from an authorized representative of BuildDirect. Any attempt to alter, supplement or amend these Terms of Sale or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a writing and signed by both You and BuildDirect.
The section headings used herein are for convenience of reference only and no construction or inference shall be derived therefrom.
The relationship between You and BuildDirect will be that of independent contractors, and neither party nor any of their respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Sale.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
The parties agree that these Terms of Sale and all materials incorporated by reference herein will be drawn up in English. Les parties ont demande que cette convention ainsi que tous les document qui s’y rattchent soient rediges en anglias.
These Terms of Sale and the rights and obligations herein will be binding on and enure to the benefit of the parties and their successors and permitted assigns.
For purposes of these Terms of Sale, whenever the context requires (i) the singular number shall include the plural, and vice versa; and (ii) the masculine gender shall include the feminine and neuter genders, the feminine gender shall include the masculine and neuter genders, the neuter gender shall include the masculine and feminine genders.
Neither BuildDirect, any Supplier nor any agents or contractors thereof will be responsible for a failure to fulfill any obligations of such parties under these Terms of Sale or for any delay in satisfaction of such obligations nor for any damages of any kind in law or equity that You may suffer as a result of such failure or delay, if such failure or delay is due to circumstances beyond BuildDirect’s, a Supplier’s or their agents’ or contractors’ control including but not limited to any act of God or public enemy, acts of government, riots, strikes, quarantines, accidents, or the inherent nature or vice of goods transportation.
The failure by BuildDirect to insist on strict compliance with any provision of these Terms of Sale will not be deemed to be a waiver of such provision or any rights or remedies of BuildDirect under these Terms of Sale. Further no waiver by BuildDirect of a breach of these Terms of Sale by You shall constitute a waiver of any other breach, whether of the same or any other covenant, term or condition. The subsequent acceptance by BuildDirect of any breach of a covenant, term or condition by You shall not constitute a waiver of BuildDirect’s right to require performance by You at any time thereafter.
These Terms of Sale and any other written materials incorporated by reference herein will be (i) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties hereto; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.
Electronic documents introduced as evidence in any judicial, arbitration, mediation or other proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
These Terms of Sale shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.