Website Terms of Use and Terms of Sale
SECTION 1 – WEBSITE TERMS OF USE
BWI Companies, Inc. ("BWI," "we," "our," or "us") operates an online ordering platform consisting of its website, mobile applications, and related digital applications and services (collectively, the "Platform").
BWI is a wholesale distributor of products for the lawn and garden, animal health, horticulture, professional pest management, lawncare, and turf markets.
The Platform allows authorized customers to perform a variety of functions to include, but not limited to, browse product catalogs, place wholesale orders, manage account information, make payments, manage and track inventory, and communicate with BWI.
The Platform is intended solely for business-to-business transactions between BWI and approved customers, including garden centers, farm and feed stores, hardware stores, grocery retailers, regional multi-store outlets, greenhouse growers, nursery growers, landscapers, lawn and land care companies, golf courses, and other related outlets.
The Platform may be used only by businesses approved by BWI as customers and by authorized employees or representatives of those businesses.
By using the Platform, you represent that you are acting on behalf of a business and have authority to bind that business to these Terms.
Customers must provide accurate information when creating or maintaining an account.
Customers are responsible for safeguarding account credentials and all activity occurring under their accounts.
BWI reserves the right to suspend or terminate accounts at its discretion.
BWI acts solely as a distributor of products manufactured by third-party suppliers.
BWI does not manufacture, formulate, repackage, or alter products distributed through the Platform.
All product specifications, labels, safety information, and instructions originate from the manufacturer.
Users may not use the Platform for unlawful purposes, attempt to access unauthorized areas of the Platform, interfere with Platform operations, or engage in data scraping or automated extraction of data.
All content on the Platform, including software, trademarks, logos, text, images, and design, is owned by BWI, vendors, or its licensors and is protected by applicable intellectual property laws.
No content from the Platform may be copied, reproduced, distributed, or used without prior written permission from BWI.
The Platform and all information provided through it are provided on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied.
To the fullest extent permitted by law, BWI disclaims all warranties including warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, BWI shall not be liable for indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the Platform.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the use of the Platform shall be brought exclusively in the state or federal courts located in Bowie County, Texas.
SECTION 2 – TERMS AND CONDITIONS OF SALE
All purchases through the Platform are wholesale transactions between BWI and approved business customers.
All orders are subject to acceptance by BWI.
BWI reserves the right to reject or cancel any order, limit quantities, or discontinue products at any time.
Prices are subject to change without notice.
Taxes, freight charges, and applicable fees may apply.
Customers are responsible for all applicable taxes unless a valid exemption certificate has been provided.
Payment terms are subject to BWI credit policies.
BWI reserves the right to suspend shipments or services for overdue balances.
Delivery dates are estimates only.
BWI is not responsible for delays caused by carriers, weather, supply chain disruptions, or circumstances beyond its reasonable control.
Returns require prior authorization from BWI.
Authorized returns may be subject to restocking fees and other conditions established by BWI.
Certain products may not be eligible for return due to safety, regulatory, or manufacturer restrictions.
Products sold by BWI are manufactured by third parties.
BWI does not manufacture, design, modify, or test the products sold through the Platform.
To the fullest extent permitted by law, BWI disclaims all warranties relating to products except those expressly provided by the manufacturer.
Customers are responsible for reviewing product labels, safety information, and manufacturer instructions before use.
Customers assume all responsibility for the storage, handling, resale, and application of products purchased from BWI.
Certain products distributed by BWI may be subject to federal, state, or local regulations including but not limited to pesticide, fertilizer, and agricultural chemical regulations.
Customers agree to comply with all applicable laws regarding the purchase, storage, transport, handling, resale, and application of such products.
Customers are responsible for ensuring they possess any licenses or certifications required by law to purchase or apply regulated products.
BWI shall not be liable for damages resulting from:
- improper storage of products
- improper handling of products
- failure to follow product label instructions
- misuse of pesticides or agricultural chemicals
- regulatory violations by customers or downstream users
BWI Companies, Inc.
1355 N. Kings Hwy
Nash, Texas 75569
For privacy inquiries or questions regarding this policy, please contact BWI through the contact information provided on the Platform or the address provided above.