Terms

• Southwest Garden Supplies in no way, claims ownership of the information regarding gardening/landscaping on the information Catalogue. 
• It is important, to always reference the author of the information provided in the information catalogue. 
• Southwest Garden Supplies also does not claim ownership of the GOGreen UBC link, The government of Canada’s zoning map, or the City of Burnaby’s chafer beetle catalogue.
• All of the aforementioned are for informational purposes only, and are not the works of Southwest Garden Supplies. 

Sales Agreement, Safety, Terms and Condition

ALL SALES are FINAL (this includes bulk materials and plant sales). in unique circumstances, other merchandise might be returned. CONDITIONS: if within 30 days, in original condition and packaging, and with original receipt. THERE IS A minimum 20% restocking fee for these refunds. *To account holders: 2.5% on overdue accounts (net 30 days). $25.00 fee for NSF Cheques. NATURAL PRODUCTS AND AGGREGATES ARE SUBJECT TO VARIATIONS IN SURFACE TEXTURE, COLOUR AND THICKNESS. Materials, included in, and by which bulk products are composed, pass regulatory/environmental standards and testing for sale and use of such products in British Columbia. Return of products based on characteristics of their materials is at the discretion of Southwest Garden Supplies. It remains the customer’s responsibility to familiarize themselves with product characteristics. All special order material requires a 50% non refundable deposit prior to the order being placed. All sold plants must be removed from our site within two days of their sale. Beyond this point a 5% maintenance fee of the materials cost will be charged per day, unless otherwise notified in writing by the seller. Purchased plants will be held for a maximum of 30 days before they are released for resale, and the deposit shall be forfeited.

DELIVERY:

Delivery prices are based on delivery information as initially specified by the Customer. Customer agrees to pay adjusted delivery price changes, as determined by the seller if the delivery location is other than previously specified by the Customer. Seller reserves the right to refuse delivery or require alternate delivery site, in cases of remote or impassable locations. The Seller assumes the right to ask for additional fees for additional delivery locations/circumstances. The Customer assumes all liability for trespass or other damage(s) that are alleged to have arisen out of access to the project site as specified by the customer. At the location of delivery, the Customer must provide the driver with a signature confirming receipt of materials sold. The Customer is responsible for a safe work environment at the delivery site. Where required, flag persons must be provided; this is in accordance with the requirements of WORKSAFE BC. It is the customer’s responsibility to provide suitable roadways, and entrances to points of delivery for our delivery trucks. In the event that, in our opinion, they are not provided, we reserve the right to stop delivery until conditions are remedied. On deliveries required beyond the curb line, we do not assume liability for damaged sidewalks, driveways, or other property, and the Customer hereby agrees to indemnify, and hold us harmless against liability, loss, and expense as a result of such damage. The Customer agrees to take full title to the goods at the sellers point of sale. It is the customer’s responsibility to provide the Seller with full product specifications/requirements. The customer will be solely responsible for arranging and paying for independent material testing, wherever/whenever required. If once at the customer site, the material cannot be dumped/delivered, there will be no refund of the delivery fee.

PLANT/TREE/SHRUB DELIVERY:

-Plant/Tree/Shrub delivery services are limited to the loading, transportation, and offloading of the aforementioned materials at the job site. The customer remains responsible for providing assistance with the offloading of large quantities and heavy loads. Southwest Garden Supplies reserves the right to ask for additional fees for extra time and/or personnel required in leu of customer assistance.

LIMITATION OF LIABILITY

In no event shall the Seller be liable for: 1) Failure or delay in delivery and provision of product, when such failure or delay results, in whole or in part, from strikes, boycotts, lockouts, or other troubles of any kind. 2) Any other cause or occurrence beyond seller’s control, including, but not limited to, riots, wars, fires, inclement weather, earthquakes or other acts of God. 3) Sabotage, destruction or damage of any kind of Seller’s equipment, or facilities necessary for the performance of the offer, as arising from any cause whatsoever. 4) Delays of usual sources of supply of materials. 5) Present or future laws, orders, or regulations enacted by any government agency, or bureau effecting restrictions.

Southwest Garden Supplies will not accept responsibility for product contamination after the material leaves the Southwest Garden Supplies’s premise.

Southwest Garden Supplies will not accept responsibility for the Customer’s use of products not specified for the project. Materials purchased from Southwest Garden Supplies must be used in compliance with all applicable environmental regulations.

Southwest Garden Supplies does not accept soil/material/plants that contain any contaminants. If the soil(s)/material(s)/plant(s) are/is found to contain contaminants above the acceptance levels, the cost of testing, and removal will be at the Customer’s expense. The acceptance level will be as specified by BC Contaminated Sites Regulation.

RENTAL LIABILITY OF THE CUSTOMER

The Customer shall indemnify Southwest Garden Supplies against all loss, expenses, penalties, damages, condemnations, and law costs which Southwest Garden Supplies may suffer or may be required or condemned to pay for personal injuries (including death) and/or property damage suffered by any person by reason of the operation, handling, transportation or use of the equipment by or whilst in the hands of the Customer or the Customer’s employees, agents or carriers.

AGREEMENT

The Sales Agreement comprises the complete and final Agreement between Seller and Buyer, and supersedes all prior negotiations, proposals, representations, commitments, understanding or agreements between Seller and Buyer, either written or oral, on its subject. No other agreement, quotation or acknowledgement in any way purporting to modify any of the terms of the Sales Agreement is binding upon Seller unless made in writing and signed by Seller’s authorized agent. The Sales Agreement may not be altered or modified except by written agreement of Seller and Buyer. Any other representations or statements (whether oral or written) made by any person, including employees or other agents of Seller, that are inconsistent with the sales agreement must be disregarded by Buyer, do not constitute warrantees and are not binding upon Seller. If any model or sample was shown to Buyer, such model or sample was used merely to illustrate the general type and quality of goods, and not to represent that the products would necessarily conform to the model or sample.

Successors, and Assigns

The Sales Agreement binds and ensures to the benefit of the Buyer and Seller and their respective successors, and their permitted assigns. Buyer may not assign any interest in, nor delegate any obligation under, the sales agreement and/or Credit Agreement (if applicable) without Seller’s prior written consent

LIABILITY OF THE CUSTOMER

IN ANY EVENT, THE SELLER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSSES, DAMAGES, COSTS, CONSEQUENTIAL, SPECIAL, OR CONTINGENT. DAMAGES, OR ANY OHER CLAIM OR DEMAND WHATSOEVER. EXCEPT TO THE EXTENT OF THE PURCHASE PRICE OF THE PRODUCT. THE REFUND OF WHICH SHALL BE BUYERS SOLE AND EXCLUSIVE REMEDY HEREUNDER, APPLICABLE AND DETERMINED BY THE SELLER.