These Buy and Hold Terms are effective March 23, 2020
The Buy and Hold Terms are expressly incorporated into and form part of the BuildDirect.com Technologies Inc. (“BuildDirect”) Terms of Sale located at www.builddirect.com/Policies#termsOfSale (the “Terms of Sale”). By completing a purchase of product(s) from www.builddirect.com (a “Purchase”) you signify your acceptance of and agreement to be bound by the Buy and Hold Terms in effect at the time of your Purchase.
All references to “you” or “your”, as applicable, means the person and/or the company the person represents (including any successors and assigns thereof) that participates in the Program.
Following (a) your completion of a Purchase from www.builddirect.com (the “Site”) in accordance with and subject to the Terms of Sale (b) your request, via such means that BuildDirect may make available to you from time to time, to participate in the BuildDirect “Buy and Hold” Program (the “Program”) and (c) BuildDirect’s acceptance, in its sole discretion, of you into the Program in relation to your Purchase, you will be eligible to receive the following services subject to the Buy and Hold Terms:
- BuildDirect will hold (the “Hold”) your Purchase in the warehouse facilities of its third party logistics services providers and/or Suppliers for a period of up to Ninety (90) days following the date of your Purchase (the “Hold Period”) free of storage fees associated with the Hold;
- Subject to the Buy and Hold Terms, you may, at any time during the Hold Period, send BuildDirect a written request for (a) the delivery of your Purchase to the Shipping Address you provided at the time of your Purchase or (b) a Warehouse Pick-Up of your Purchase (the “Delivery Request”). Subject to the Buy and Hold Terms, BuildDirect will, within two (2) Business Days’ of receipt of the Delivery Request, contact you via the contact information you provided at the time of your Purchase to co-ordinate the date and time of delivery of your Purchase to the Shipping Address or the Warehouse Pick—Up of your Purchase.
- In the event you do not co-ordinate the delivery of your Purchase to the Shipping Address or a Warehouse Pick-Up of your Purchase with BuildDirect within the Hold Period, BuildDirect expressly reserves the right to either (a) charge you fees associated with the continued storage of your Purchase based on the then current storage rates of BuildDirect’s third party warehouses services or suppliers in the location your Purchase is being stored (“Storage Fees”) and/or (b) cancel your Purchase and refund you the Purchase Price (as defined below) less any Storage Fees payable in accordance with the Buy and Hold Terms.
- Notwithstanding anything to the contrary set out in the Buy and Hold Terms, the delivery of your Purchase to the Shipping Address or the release of your Purchase to you (if you have selected a Warehouse Pick-Up of your Purchase) is subject your payment of the Purchase price (including the purchase price of the Products in your Purchase together with all shipping and handling charges, customs, duties and Taxes applicable to your Purchase) (the “Purchase Price”) as well as any Storage Fees (if applicable in accordance with these Buy and Hold Terms).
- Notwithstanding anything to the contrary set out in the Buy and Hold Terms, BuildDirect expressly reserves the right (and you acknowledge BuildDirect’s right, without liability of any kind,) to, in its sole discretion, either hold your Purchase longer than the Hold Period or require the delivery (to your Shipping Address) or Warehouse Pick-Up of your Purchase prior to the end of the Hold Period for any reason, in its sole discretion, including but not limited to, as a result of (a) any Claim in relation to your Purchase (b) any disruption, restriction or other limitations associated with the storage or delivery of your Purchase due, directly or indirectly, to the COVID-19 pandemic (including but not limited due to any act, omission, law, rule, regulation, or direction of any applicable government authority or of BuildDirect’s third party service warehousing and logistics service providers or Suppliers) (c) any Force Majeure events or (d) any circumstances beyond BuildDirect’s, it Suppliers’, its third party service warehousing and logistics service providers or their respective agents’ or contractors’ control.
- BuildDirect may, in its sole discretion and without liability for such action, also move your Purchase in storage at a warehouse facility of its third party service warehousing and logistics service provider or Supplier to any other warehouse facility of its third party service warehousing and logistics service providers or Suppliers.
- BuildDirect’s acceptance of your participation in the Program for a given Purchase does not serve to confirm your acceptance into the Program for any future Purchases.
- BuildDirect reserves the right, without liability of any kind or nature, to change, modify and/or eliminate any of the terms and conditions of the Program and the Buy and Hold Terms (or incorporated policies or terms) at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions to the Site. Your continued participation in the Program following the posting of any changes or modifications to Buy and Hold Terms to the Site will constitute your acceptance of such changes or modifications. You should review the Buy and Hold Terms each time you make a Purchase.
- You agree that BuildDirect, in its sole discretion, may terminate or discontinue your participation in the Program for any reason and at any time without liability, including, without limitation, if BuildDirect determines, in its sole discretion, that you have violated or acted inconsistently with the Buy and Hold Terms, the Terms of Sale or applicable laws or regulations. You agree that BuildDirect shall not be liable to you or any third party for any termination or restriction of your participation in the Program.
- Capitalized terms not otherwise defined in the Buy and Hold Terms will have the meaning ascribed to them in the Terms of Sale. In the event of any conflict or inconsistency between the Buy and Hold Terms and the Terms of Sale, the Terms of Sale will govern. For clarity, and without limiting the foregoing, all disclaimers, limitations of liability, governing law and dispute resolution provisions which govern your Purchase pursuant to and in accordance with the Terms of Sale also govern and apply to any services provided in relation to such Purchase pursuant to the Buy and Hold Terms. For the purposes of the Buy and Hold Terms, a “Business Day” means Monday to Friday but excluding Saturday, Sunday and any statutory holiday in the Province of British Columbia, Canada.
- The Buy and Hold Terms, together with the Terms of Sale into which the Buy and Hold Terms are incorporated, constitute the entire agreement between you and BuildDirect relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the Program, and may not be amended or modified except in writing by BuildDirect upon the posting of such amendments or modifications on the Site.