Terms and Conditions of Sale

Giant Wholesale Distributors Ltd. (herein referred to as “Giant Wholesale”) reserves the right refuse or cancel orders, at our sole discretion, where shipping is not practical or such sales are not permitted by our vendors due to territorial agreements or for any other reason.  In the event that we are unable to process a paid transaction we will notify you at our earliest convenience and refund the transaction via the original payment method.

While it is Giant Wholesale’s goal to ship all orders in a timely manner, we cannot guarantee delivery by a specific delivery date, and will not be liable for any delay in delivery, including but not limited to as a result of non-performance caused by an act of God, war, labour disputes, civil unrest, accidents, the inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind which is beyond our control.

All cash account and retail orders are processed immediately upon online checkout or at our sales counter.  At our sales counter, Giant Wholesale accepts payment via cash, debit and credit card (Visa or Mastercard).  Credit account terms of invoice payment are net 30 days.  If a Buyer is interested in opening a credit account, applications can be completed online or in person at our sales counter.  Purchases on credit accounts are subject to application processing times.  In the event Buyer fails to make any payment to Giant Wholesale when due, Buyer's entire account(s) with Giant Wholesale will become immediately due.  Giant Wholesale reserves the right to apply to all past due amounts a service charge accruing at a rate of 2% per month, calculated daily and compounded monthly (26.82% per annum) or the highest rate permitted by law, whichever is lower.  All returned cheques are subject to a $25.00 processing fee.  

If Buyer is in default for non-payment, then in addition to any other remedies available to Giant Wholesale, Buyer agrees to pay and shall indemnify and hold harmless Giant Wholesale in respect of such interest together with all of the costs, losses, charges, expenses and liabilities of Giant Wholesale related or incidental to its collection efforts or the enforcement of any of its rights in connection with such default (including legal fees).  If a Buyer's credit account is overdue, Giant Wholesale reserves its right to suspend Buyer's credit, place Buyer's account on COD or withhold shipments.  Giant Wholesale will grant a lien waiver only to the extent that payment is received and not avoidable as a bankruptcy preference.  Invoices and packing slips will both be received at time of purchase or time of delivery, as applicable.  It is Buyer's responsibility to direct invoices to its proper paying authority.  Additional copies of invoices are only available upon request and repeated requests will be subject to a service fee. 

All special orders, including "Web Exclusive" items, are subject to a deposit ranging from 50% to 100% at our discretion.  Please be aware that in most cases such items are either non-returnable or subject to freight and re-stocking charges as outlined by our individual vendors.  While Giant Wholesale will work with you to minimize related costs, such fees (where applicable) are charged by our vendors and are beyond our control.  Please be sure to verify all product specifications thoroughly prior to placing your order.  Made to order products are non-returnable. 

All prices are subject to change from time to time otherwise noted. Buyer will be invoiced at prices in effect at the time of shipment.  All taxes, shipping and handling costs and other similar charges are in addition to quoted prices.  Buyer will be made aware of any shipping or handling costs (where applicable) prior to processing of order.  Giant Wholesale reserves the right to limit quantities ordered.  The Buyer will be notified in such cases.  

Additional Legal

If Buyer is in default of any of Giant Wholesale’s Terms and Conditions of Sale, we may, at our option, cancel any unexecuted portion of any order to which these Terms and Conditions of Sale apply and/or exercise any right or remedy which may be available to Giant Wholesale by law.  Buyer will be in default under these Terms and Conditions of Sale if: (a) the Buyer fails to perform any covenant, term or condition contained herein or breaches any representation or warranty given by Buyer to Giant Wholesale; (b) Buyer fails to give a required notice to Giant Wholesale; (c) Buyer is insolvent or fails to pay its debts as they come due or Buyer makes an assignment for the benefit of its creditors, or a receiver or receiver and manager is appointed for Buyer or for any of the products ordered pursuant to these Terms and Conditions of Sale, or if any petition is filed to adjudicate Buyer bankrupt.

Buyer shall indemnify, hold harmless and defend Giant Wholesale, its affiliates and their respective employees, officers, directors and agents from and against any action, cause of action, judgment or claim for damages to property (including environmental damages) or bodily injury, loss of life or any other liability, cost or expense of any nature, in connection with the installation, use or repair by Buyer of the products sold, supplied or delivered by Giant Wholesale.  In no event will Giant Wholesale’s liability, if any, exceed the net price of the products sold, supplied or delivered to the buyer and Giant Wholesale will not, in any circumstances, be liable for any damages whatsoever, no matter how caused, suffered by the buyer.

These Terms and Conditions of Sale are governed by the laws of Ontario and Buyer hereby irrevocably attorns to the jurisdiction of the courts of Ontario.  All actions, regardless of form, arising out of or related to a transaction governed by these Terms and Conditions of Sale must be brought against Giant Wholesale within the applicable statutory period, but in no event more than one (1) year after the date of the relevant invoice.