Thank you for choosing to do business with SMS Wholesale Appliances Inc. (acting as general partner of SMS Limited Partnership) (“we“, “us“, “our“). These Terms & Conditions (the “Terms“) are important and affect your legal rights, so please read them carefully.
Applicability
Unless otherwise indicated in a formal written amending agreement between you and us, these Terms govern the purchase of goods and services by you from us (“Goods” and “Services“). Our website, catalogues, and marketing materials constitute offers to sell. Your acceptance of a sale order quotation, invoice, or other contract documentation (the “Purchase Order“) constitutes acceptance of these Terms.
The Purchase Order and these Terms together form the entire agreement between you and us (the “Agreement“) and supersede all prior communications or understandings.
Delivery of Goods
Unless otherwise agreed in writing and subject to availability, Goods will be delivered by the “on or before” date specified in the Purchase Order, or within 30 days of the Purchase Order date if no date is specified.
Delivery dates and time windows are estimates only. Delays may occur due to traffic, weather, supplier delays, or unforeseen issues. We require at least 48 hours’ written notice for delivery cancellations or changes. Late changes may incur additional delivery or rescheduling fees.
Refurbished, Open-Box and “As-Is” Products
SMS Appliances may offer discounted products, including:
Refurbished products (returned, repaired, and tested)
Open-box products (unused but packaging may be altered)
“As-is” products (may have cosmetic imperfections)
These products are clearly identified at the time of sale. Except where warranty coverage applies, discounted products are sold as-is and as-available.
Warranty coverage for refurbished and open-box products is governed by our Return, Refund & Warranty Policy available on our website.
Free Local Delivery Promotions
Free delivery promotions apply only to standard appliances and normal access conditions. Oversized appliances, built-in refrigeration, professional ranges, certain brands, difficult access, or missed deliveries may incur additional charges. Full exclusions apply as listed at the time of promotion.
Shipping Terms
We deliver Goods within Canada only. Risk of loss passes to you once Goods are loaded onto the carrier at our warehouse. We are not responsible for delays, loss, or damage caused by third-party carriers.
Access to Delivery Point and Placement of Goods
You are responsible for ensuring safe and clear access to the delivery location, confirming measurements, and preparing the site. Additional handling or delivery fees may apply if site conditions differ from those described.
Title and Risk of Loss
Title to the Goods remains with us until full payment is received. Risk of loss passes to you upon shipment from our warehouse.
Inspection / Non-Conforming Goods
Goods must be inspected immediately upon delivery.
Any visible damage, defects, or non-conforming Goods must be noted on the delivery documentation and reported in writing within twenty-four (24) hours of delivery.
Failure to do so constitutes acceptance of the Goods.
Returns, Refunds, Exchanges and Warranty
All returns, refunds, exchanges, restocking fees, and warranty coverage are governed exclusively by our Return, Refund & Warranty Policy available on our website.
For clarity:
New appliances may be eligible for return within 30 days, subject to restocking fees as outlined in the Return Policy.
Open-box and refurbished appliances are final sale with no refunds; exchanges may be considered in limited circumstances.
Warranty coverage varies by product type and is detailed in the Return, Refund & Warranty Policy.
In the event of any inconsistency, the Return, Refund & Warranty Policy shall prevail.
Applicable Taxes & Fees
All prices exclude applicable taxes, environmental handling fees, and government charges, which are the responsibility of the purchaser.
Payment Terms
Full payment is required prior to delivery or pickup. Accepted payment methods include debit cards, credit cards, e-transfer, and other methods approved by us. Deposits on special or custom orders are non-refundable.
Limitation of Liability
SMS Appliances shall not be liable for indirect, incidental, or consequential damages arising from the use of Goods or Services, to the fullest extent permitted by law.
Governing Law
These Terms are governed by the laws of the Province of Alberta and the applicable laws of Canada.
By using this website, you also agree to our Privacy Policy, available on our website:
