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Terms & Conditions of Sale

The following terms and conditions govern the sale of products by Pool Supplies Canada Inc. By submitting your order to www.poolsuppliescanada.ca you have indicated your acceptance to be bound by these terms and conditions of sale. At the sole discretion of Pool Supplies Canada Inc., these terms and conditions may be changed without prior notice at any time before Pool Supplies Canada Inc. accepts your order.

Payment Terms

Payment is due by credit card, PayPal, Interac or Bank Wire Transfer. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, so will be the order. No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.

Disclaimer of Warranty

When products are shipped to you, their warranties determined on a per product basis are in effect and are included with the shipment (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law).

Payment Shipping & Handling Charges & Taxes

The buyer is responsible for any taxes or tariffs associated with your purchase. Please be advised that all freight shipments are curbside delivery only.

If you have a native status card and wish to have your taxes refunded, you must place your order and pay the taxes upfront in advance - this is due to the fact that our website has no way of recognizing native status or tax exemption. Once an order has been placed, you may email returns@poolsuppliescanada.ca with an order number to start the tax refund process. To apply for native status tax exemption, a customer must fax or email a copy of the front and back of their native status card as well as their driver's licence. The tax will be refunded once the order has been processed in full - this can take up to 14 business days.

To qualify for provincial tax exemption, the name on the status card must match the billing and shipping name and address, as well as the name on the credit card. A customer cannot place the order under a relatives name who has a native status card; this includes spouses. To qualify for GST tax exemption the order must be delivered to a reserve. Customer must be able to provide proof that the address is on a reserve.

Prices

Prices shown on the Pool Supplies Canada Inc. site do not include shipping and handling or insurance, unless otherwise stated. Neither do the prices include applicable taxes, unless otherwise stated. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is placed. Nonetheless, if the price drops before shipment and you notify Pool Supplies Canada Inc. of the lower price before the product is shipped, in this case (and in this case only) the price charged will be the lower price.

Shipping & Risks during Shipping

When products are shipped to you by common carrier, Pool Supplies Canada Inc. liability to you for breakage and/or non-delivery of the products by the common carrier to you will be restricted by the limits of liability provided by the common carrier's Terms and Conditions of Carriage.

Lost & Damaged Products

All lost or damaged products must be reported to Pool Supplies Canada Inc. by writing or e-mail only. Verbal reports are not accepted, and this report must be made within 14 days of receiving a product.

Please submit claims to: returns@poolsuppliescanada.ca

Order Cancellations & Changes

For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be shipped from our warehouse for fulfillment very soon after they are placed. Due to the increased difficulty of locating orders once they have begun the fulfillment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing.

Please review orders very carefully prior to submission and, in the event that a cancellation is necessary, please contact us as soon as possible. This will increase the likelihood that we are able to cancel your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.

Limited Warranty

Pool Supplies Canada Inc. warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of thirty (30) days for RETAIL packaged products from the original invoice date unless otherwise restricted below or by the manufacturer's own warranty policy.

Pool Supplies Canada Inc. liability is limited to repairing or replacing, at its option, any defective product, freight prepaid to Pool Supplies Canada Inc., according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Pool Supplies Canada Inc. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Pool Supplies Canada Inc., are not covered by this warranty.

Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by Pool Supplies Canada Inc. shall be deemed to be a waiver of this warranty by the Buyer and shall render this warranty null and void. Pool Supplies Canada Inc. shall return repaired or replaced product(s) to the Buyer at its expense via regular ground service within Canada. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. POOL SUPPLIES CANADA INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL POOL SUPPLIES CANADA INC. BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL POOL SUPPLIES CANADA INC.'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).

Product Appearance and Imagery Online

Manufacturers may, from time to time, alter the appearance, packaging or part(s) included with a particular product supplied without prior written notice to Pool Supplies Canada Inc. Pool Supplies Canada Inc. is not responsible for differences in products in these such events.

Limitation of Liability

The maximum liability to you for products purchased from Pool Supplies Canada Inc. shall be limited to the purchase price you have paid for the products. Also, Pool Supplies Canada Inc. will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, incurred labour charges, incurred water or material charges or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.

THE RETURN POLICY IS NOT A WARRANTY. Pool Supplies Canada Inc. reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your refund as soon as possible.

Interpretation

These Terms and Conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.

No Modification

Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Pool Supplies Canada Inc. These terms and conditions may not be modified, altered or amended without the written agreement of Pool Supplies Canada Inc.

Severability

If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be severable.

General

You may not assign this agreement without prior written consent from Pool Supplies Canada Inc. Pool Supplies Canada Inc. is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from Pool Supplies Canada Inc., this agreement shall take precedence.

Linking and Framing the Website

Links to the website without the express permission of Pool Supplies Canada Inc. are strictly prohibited. Pool Supplies Canada Inc. reserves the right to cancel and revoke any permission it may give to link to the website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the website or any of its content in any form and by any method is strictly prohibited.

Merchandise Return Procedure

You may return most new, unopened items within 30 days of delivery for a refund. We will pay the return shipping costs if the return is a result of our error (you received an incorrect item etc.).

You should expect to receive your refund within two weeks of us receiving your package, however, in many cases you will receive a refund sooner.

Start your return process by e-mailing returns@poolsuppliescanada.ca - we will require the original order number, the product you wish to return, the reason you wish to return the product, and a photo of the product to prove its condition and quality for our records and insurance purposes.

Please Note:

  1. Products in poor condition are subject to a re-boxing fee of 15%
  2. All custom liners are final sale
  3. All custom orders are final sale
  4. All replacement parts are final sale
  5. Select in-stock safety cover sizes are final sale (refer to product description for details)

Trademark

Pool Supplies Canada is a registered trademark ®.

Pool Supplies Canada