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 Thank you for your interest in our products. WCLLI can offer you the finest softwood and hardwood lumber available today. Please click on the species that you are interested in for more details.  

The materials provided herein are for informational purposes only. They are subject to change at any time due to such factors among others as changes in market prices, changes in products, grade guidelines and/or product availability in our company. No representations or warranties, express or implied, expressly including warranties of merchantability or fitness for a particular purpose, are made herein other than to set forth basic information concerning West Canada Log and Lumber Inc., its structure and its products. Any representations or warranties concerning particular sales are made only at the time of a sale or contemplated sale of identified goods.

The contract for the sale of the products and services (collectively, the "Products") described on the front of this document by the West Canada Log and Lumber Inc. ("Seller") to the buyer identified there ("Buyer") is expressly limited to the terms set forth, or expressly incorporated by reference, on this document ("Terms"). The Terms will be deemed to be accepted and agreed to by Buyer upon Buyer's acceptance of delivery of any of the Products, or any other action by Buyer acknowledging this document.

1. Seller may cancel or delay shipment of any accepted order if Buyer's credit becomes impaired or unsatisfactory to Seller, if Buyer fails to meet any financial obligation to Seller, or if any other event or circumstance occurs or exists which causes Seller to believe that cancellation or delay of the order is advisable. Seller is not responsible for any delay in shipment or delivery of Products occurring after Seller delivers the Products to a common carrier for shipment, or due to any cause beyond Seller's control. All sales by Seller are final, and no Products may be returned without prior written authorization from Seller.

2. Unless otherwise specified, all prices are F.O.B.mill or loading site for West Canada Log and Lumber Inc. Loaded truck, port from which the Products are sent, with all freight, insurance, taxes, and other transaction costs are to be paid by Buyer. All risk of loss or damage will be borne by Buyer after delivery of any Products to the carrier at the F.O.B. point. Payment, price and credit terms are subject to change without notice.

3. Seller warrants that it will maintain consistent standards of quality and workmanship. There are no other warranties or representations that have been made by Seller or relied upon by Buyer. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, AND IS STRICTLY LIMITED TO ITS TERMS. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR OF SUITABILITY OR FITNESS OF ITS PRODUCTS FOR ANY PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT OF PATENT OR OTHER RIGHTS OF THIRD PARTIES BY ANY OF ITS PRODUCTS. SELLER DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF TITLE, FOR ANY PRODUCT SUPPLIED TO SELLER BY BUYER.

4. In no event will Seller be liable for any claim or demand against it by any party other than Buyer or for any special, indirect, economic, incidental, or consequential damages, regardless of whether Seller knows or is advised of the possibility of such damages. The sole and exclusive remedy of Buyer shall be the repair or replacement of Product or, at Seller's sole option, refund of the purchase price of any Product, and liability of Seller with respect to any contract or sale or anything done in connection herewith, whether in contract, in tort, under any warranty, or otherwise, shall not exceed the price of the Product on which such liability is based. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Seller is willing and able to repair or replace defective Product or refunds the purchase price of such Product.

5. All claims of Buyer arising hereunder shall be forever barred unless Buyer gives notice thereof within 10 days from the event or omission-giving rise to such claim. Failure by Buyer to give notice of such claim in accordance with this paragraph shall constitute an absolute bar to such claim. Buyer shall have a period of one year from the date of its notice in which to file suit and failure to do so shall constitute an absolute bar to any claim of Buyer.

6. This document (together with any other written agreement between the parties that incorporates the Terms by reference) constitutes the entire integrated agreement between Seller and Buyer and supersedes all prior oral or written agreements and understandings. Seller objects to and rejects all additional or different terms in any purchase order or other writing sent by Buyer.

7. The parties agree that their relations have a substantial connection with the Commonwealth of British Columbia and accordingly agree that the substantive law of the Commonwealth of British Columbia shall apply to any disputes. The choice of law principles of the Commonwealth of British Columbia shall not be utilized to cause the law of another jurisdiction to apply. The parties further agree that the appropriate court in the City of Vancouver, British Columbia, shall be the exclusive forums in which any action shall be brought for any matter not subject to the dispute resolution procedures set forth in paragraph 9. Provided, however, at Seller's sole option, it may elect to initiate proceedings against Buyer in any forum in which Buyer maintains an office, does business, or owns any property. Buyer expressly consents to jurisdiction of those courts and agrees to the appropriateness of the venue of the courts designated herein.

8. Buyer agrees to pay, indemnify and hold Seller harmless against all claims, suits, expenses, losses, liability and costs incurred by Seller (including costs of investigation, negotiation, collection agencies, and attorneys' fees), arising out of or resulting from (i) any acts or omissions of Buyer or its agents or employees resulting in any suit or claim against Seller; or (ii) any disputes, collection actions, or litigation arising out of dealings between Seller and Buyer. Should Seller be entitled to indemnification or successfully pursue relief against Buyer (whether in court or in alternative proceedings), including specifically its right to collect any sums due, it shall also be awarded its full costs of investigation, negotiation, dispute resolution, litigation, and settlement (including actual court costs, collection agency fees, and attorneys' fees and expenses consisting of, at Seller's sole election, either 25% of the amount owed by Buyer or Seller's reasonable attorneys' fees and expenses; Buyer understands that the amount of attorneys' fees is intended to take into account and anticipate post judgment collection efforts).

9. The parties will attempt to settle all disputes, controversies or claims - whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory - through good faith negotiations. If those attempts fail to resolve the dispute within 15 days of the date of initial demand for negotiations, then the parties shall try in good faith to settle the dispute by mediation conducted in Vancouver, British Columbia, under the CPR Institute for Dispute Resolution Model Mediation Procedure for Business Disputes. Any remaining disputes not settled by mediation shall be arbitrated in Vancouver, British Columbia, under the then current British Columbia International Commercial Arbitration Center. The arbitrator shall not have the power to award damages in excess of actual damages, such as punitive damages and damages excluded under paragraph 4 of the Terms. This provision shall apply to all claims of Buyer, regardless of when those claims arose or accrued. Provided, however, at Seller's sole election, it may pursue sums due and owing to Seller from Buyer in court, foregoing the procedures otherwise mandated hereunder.

10. All sales and the parties' performance under it shall be controlled and governed by, and construed in accordance with, the substantive laws (as opposed to the choice of law rules) of British Columbia applicable to transactions and agreements made and to be performed entirely within British Columbia. Any legal action arising out of or relating to sales or the parties' performance under it must be brought and maintained in a state or federal court of competent jurisdiction situated in the City of Vancouver, British Columbia. Seller irrevocably consents to the exclusive jurisdiction and venue of such courts with respect to any such legal action.

11. All sales comprises the entire agreement between West Canada Log and Lumber Inc. and Seller, and supersedes all prior agreements and understandings, relating to the purchase and sale of the Products.

12. The parties will attempt to settle all disputes, controversies or claims - whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory - through good faith negotiations. If those attempts fail to resolve the dispute within forty-five (45) days of the date of initial demand for negotiations, then the parties shall try in good faith to settle the dispute by mediation conducted in Vancouver, British Columbia, under the CPR Institute for Dispute Resolution Model Mediation Procedure for Business Disputes. Any remaining disputes not settled by mediation shall be arbitrated in Vancouver, British Columbia, under the then current British Columbia International Commercial Arbitration Centre.

Should there be any questions regarding this notice, please contact us.

 

 

 

 

 

 

 

 

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Copyright 2003 - 2017. West Canada Log and Lumber Inc. Legal Notice