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These Terms and Conditions (the Terms) constitute a legally binding agreement between Cutting Edge Specialty Lumber Products Limited, operating as The Knotty Lumber Co. (The Knotty Lumber Co., we, us, or our), and any person or entity (you or the Customer) accessing or using our website located at www.theknottylumberco.ca (the Site), including the purchase or use of any goods or services offered through it (collectively, the Services). By accessing, browsing, or using the Site, or by purchasing any product from us, you acknowledge that you have read, understood, and agree to be bound by these Terms.
References to the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.
You agree to use the Site solely for lawful purposes and in a manner consistent with these Terms, applicable laws, and regulations. You shall not misuse the Site or interfere with its security, integrity, or functionality. We reserve the right, in our sole discretion and without prior notice, to refuse access to the Site or any part thereof, to terminate accounts, to cancel orders, or to restrict or suspend your access where we reasonably believe you have breached these Terms or engaged in conduct deemed abusive, fraudulent, or detrimental to our interests or other users.
We exercise commercially reasonable efforts to ensure the accuracy of descriptions, specifications, and imagery appearing on the Site. Wood is a natural material, and variations in colour, grain, texture, and figure are inherent characteristics rather than defects. All Products are offered subject to availability. We reserve the right to modify, discontinue, or withdraw any Product at any time without notice. If a Product becomes unavailable after an order is placed, we will notify you and may, at our sole discretion, offer an alternative, issue a refund, or cancel the order without further liability.
All prices are denominated in the currency of customer location unless otherwise indicated. Prices are subject to change without prior notice; such changes will not apply to confirmed orders for which payment has been received in full. Payment for all purchases shall be made at the time of order placement unless otherwise agreed in writing. We reserve the right to determine and adjust pricing as necessary. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total order amount, including applicable taxes, shipping fees, duties, customs fees, and other surcharges.
We ship throughout North America via third-party carriers. Delivery timelines provided on the Site are estimates only and do not constitute a guarantee. We are not liable for delays caused by carriers, weather, customs, or other factors beyond our control. You are responsible for ensuring that shipping and delivery details are accurate. Additional fees may apply for redelivery, address corrections, or failed delivery attempts resulting from Customer error. All shipments are made FOB Shipping Point. Title and risk of loss or damage to the Products transfer to you once the goods are delivered to the carrier. Once in transit, any claims for loss or damage must be made directly to the carrier.
For orders shipped outside of Canada, including to the United States, you are solely responsible for payment of any applicable customs duties, taxes, tariffs, brokerage fees, or import charges, unless otherwise explicitly stated at the time of purchase. We are not liable for delays, confiscations, or rejections arising from customs inspections, regulatory requirements, or other governmental actions. We will use commercially reasonable efforts to provide required documentation to facilitate customs clearance.
Returns are accepted within thirty days of delivery, subject to inspection and compliance with these Terms. Returned items must be unused, in original condition, and returned at your expense. All eligible returns are subject to a twenty percent restocking fee to cover handling, reinspection, and re-milling. For Products sold with free shipping, the actual cost of initial outbound freight will be deducted from the refund amount in addition to the restocking fee. Custom-milled, cut-to-size, or special-order Products are final sale and are not eligible for refund or exchange. Refunds, where approved, will be processed using the same payment method originally used for the purchase.
Neither party shall be liable for any delay or failure in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, embargoes, trade restrictions, pandemics, border closures, port disruptions, labor strikes, or government actions. In such events, obligations are suspended for the duration of the delay. The affected party will use commercially reasonable efforts to mitigate the impact of such events.
All content appearing on the Site, including text, graphics, photographs, logos, icons, digital downloads, and compilations, is and shall remain the exclusive property of The Knotty Lumber Co. or its licensors. You shall not copy, reproduce, publish, distribute, transmit, or otherwise exploit any content for commercial purposes without prior written authorization. Unauthorized use constitutes a material breach of these Terms and may result in civil or criminal liability.
Except as expressly provided, all Products and Services are provided on an as is and as available basis. Wood is a natural product and may exhibit color changes, expansion, contraction, or warping due to environmental factors; such characteristics are not considered defects. We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law. No oral or written information or advice provided by The Knotty Lumber Co. or its representatives creates any warranty unless expressly stated in writing.
To the fullest extent permitted by applicable law, in no event shall The Knotty Lumber Co., its directors, officers, employees, agents, contractors, or affiliates be liable for any indirect, incidental, consequential, punitive, or exemplary damages, including loss of profits, revenue, goodwill, or data, arising out of or related to the use of the Site, the Products, or the Services. Our total aggregate liability, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the purchase price actually paid for the Product giving rise to the claim.
The collection, use, and protection of your personal information are governed by our Privacy Policy. By using the Site or our Services, you consent to such collection and processing in accordance with applicable laws. We employ reasonable administrative, technical, and physical safeguards to protect your information; however, no system is entirely secure, and we disclaim liability for unauthorized access, use, or disclosure beyond our reasonable control.
We endeavor to ensure that information on the Site is accurate and current; however, we make no representations or warranties regarding completeness, accuracy, or reliability. We reserve the right to correct errors, update information, or modify, suspend, or discontinue the Site or any portion thereof at any time without prior notice.
You agree not to use the Site or its content for unlawful or fraudulent purposes; to infringe or violate any intellectual property or proprietary rights; to interfere with or disrupt the security, integrity, or operation of the Site; to introduce viruses, malware, or other harmful code; to use automated systems to access or extract data; or to engage in conduct that could damage our reputation or that of others. Any violation of this section constitutes a material breach and may result in immediate termination of access.
If you submit comments, reviews, suggestions, or other materials (Submissions) to us, you grant The Knotty Lumber Co. a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, distribute, display, and otherwise exploit such Submissions for any lawful purpose. You represent that your Submissions do not infringe any third-party rights and agree to indemnify us for any loss resulting from a breach of this representation.
You agree to indemnify, defend, and hold harmless The Knotty Lumber Co. and its directors, officers, employees, agents, contractors, successors, and assigns from and against any claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from or related to your breach of these Terms, your violation of any law or third-party right, or your misuse of the Site or the Products.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
We may terminate or suspend your access to the Site or any Services, without prior notice, if we determine, in our sole discretion, that you have violated these Terms or engaged in conduct harmful to our business interests. Rights and obligations that by their nature should survive termination, including payment obligations, indemnities, and limitations of liability, shall survive.
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of any dispute arising out of or relating to these Terms or your use of the Site.
We reserve the right to amend, revise, or update these Terms at any time, in our sole discretion. Any changes become effective upon posting on the Site, with the Last Updated date revised accordingly. Your continued use of the Site following the posting of amendments constitutes acceptance of the revised Terms.
These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and The Knotty Lumber Co. concerning the subject matter and supersede all prior or contemporaneous communications, representations, or understandings, whether oral or written. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
The Knotty Lumber Co.,
424 Rennie Street, Hamilton, ON, L8H 3P5.
Email: theknottylumberco@gmail.com.
Phone: (905)872-4528
