Since September of 2000 Westburne has been a part of the Rexel S.A. family. Rexel is based in France and operates on four continents and in more than thirty four countries. More than thirty three thousand employees operate in two thousand four hundred branches. With 2008 sales of over $22B dollars (CND) we are the largest electrical distributor in the world.
But where did Westburne come from? Like many other companies in Canada, Westburne’s roots can be traced back to the oil industry in Alberta. The name Westburne first appeared in 1959 when John Scrymgeour and his partners merged Commonwealth Petroleum Ltd. and General Petroleum of Canada to create the Westburne Oil Company Limited based in Calgary, Alberta. Mr. Scrymgeour ran the company well into the 1980’s before his retirement. Known as a friend to employees he was a great benefactor to the arts. “The Westburne Collection” he began in 1975 would come to be known as one of Canada’s great corporate art collections. The collection toured Canada in 1983. At its height the collection consisted of over 155 works by Canadian painters. Today many of these works can still be seen at a variety of our branches across Canada. In 1999, the Main Gallery of the Dalhousie University Art Gallery was named the “Scrymgeour Gallery”. Mr. Scymgeour died in 2003.
It wasn’t until 1963 when its first tentative venture into Canadian wholesale distribution began with the acquisition of Saillant, a large plumbing distributor in Quebec. It was during this acquisition that Westburne’s name evolved to United Westburne Industries Limited. Westburne was now an oil drilling contractor and a distributor of plumbing products! Over the decade more plumbing distributors were acquired.
The early 1970’s began Westburne’s move into the electrical side of the distribution market. Companies across Canada were acquired. A partial list includes names like The Lighting Centre, Alberta Electric and Central Electric. In Ontario acquisitions included MacDonald Electric, Haldane Electric and Hussey Electric. Amesco Ltd. was acquired in Manitoba and Van Horne Electric in BC. By mid decade Westburne had established itself as a national plumbing and electrical distributor. The decade was caped when Nedco and Zentronics were acquired from Northern Electric. Now Westburne not only covered the entire nation but was a major force in most markets!
While this growth was going on, the oil drilling business of Westburne continued. The drilling group had a presence all over the globe including the Middle East, Far East, North Africa, Southeast Asia, Australia, Canada and the North Sea. But the distribution business kept growing and finally in 1988 the oil drilling component of Westburne was sold to Nabors Industries. All of Westburne’s energy was now focused on the plumbing, electrical and electronics distribution business.
Growth of the distribution business continued during the 1980s. Ruddy Electric Ontario was acquired in 1988. HVAC distribution was added with the acquisition of Frontier and others. Then for the first time Westburne began to make acquisitions into the United States. In 1987, Westburne began its first experience with foreign ownership when controlling interest was taken by Dumez Inc. of France.
Dumez continued ownership in Westburne until 1996 when the company’s name was changed to Westburne Inc. and control of the company was again Canadian based with its stock listed on the TSX. In the ‘90s acquisitions continued all over North America. From humble beginnings Westburne now had over 5,500 employees serving more than 150,000 customers from 521 branch locations.
In 2001 after the acquisition by Rexel, all non electrical parts of the business were sold to Wolseley Investment of Great Britain. Westburne was now solely an electrical distributor participating in the commercial, institutional, Government and residential markets across Canada.
Today Rexel is a publically traded company trading on the Paris Bourse symbol RXL. Westburne Canada is a part of Rexel Canada Electrical Inc.
Rexel understands the importance of protecting your privacy. By submitting your personal information to us, you agree that Rexel may collect, use and disclose such information in accordance with the terms of its privacy policy, a copy of which is available online at www.rexel.ca or by contacting us at cpo.cprp@rexel.ca or at our credit department. If you have any questions please contact us.
Thank you for shopping on Westburne's internet site.
Vendor accepts Purchaser’s order on the express condition that Purchaser agrees to and is bound by the terms and conditions set forth below. All orders by Purchaser shall be subject to the following terms and conditions of sale. Such agreement shall be conclusively and irrevocably evidenced by Purchaser accepting delivery of shipment under such order or by Purchaser’s payment of the invoice covering such payment.
The sale of the Goods described herein (the “Goods”) is subject to " and governed solely by these terms and conditions and no terms or " conditions of Purchaser’s purchase order, any agreement or any other " understanding shall be binding on Vendor or apply in any manner to " the sale of such Goods. No modification of these terms and conditions " shall be of any force or effect unless signed by an authorized " officer of Vendor. No specification, drawing, print or photograph " prepared by Purchaser relative to Purchaser’s order shall be binding " on Vendor for any purpose unless signed by an authorized officer of Vendor.
Unless otherwise specified, prices are quoted in Canadian dollars " for Goods being sold from inventory, FOB Vendor’s delivery truck " at Vendor’s warehouse, and FOB manufacturer’s plant for domestic " Goods being drop-shipped to Purchaser. Payment terms are net " thirty (30) days for cash or cheque without discount. Interest at " the rate of 2% per month will be charged on past due accounts " (26.8% per annum). If Purchaser’s account is past due, in addition " to other rights and remedies, Vendor may suspend shipments," deliveries or performance hereunder or under any other contract " with Purchaser until Purchaser’s account becomes current or until " Vendor receives satisfactory security or cash prior to shipment.
Shipping dates are approximate only and Vendor assumes no " responsibility for delays. If Purchaser requires emergency deliveries or outside of normal business hours, any extra costs shall be borne by Purchaser. The time period specified herein within which delivery is to be made shall commence upon receipt by Vendor of Purchaser’s written acceptance of Vendor’s Order Acknowledgement. Delivery must be taken by Purchaser or adequate shipping instructions furnished to Vendor within ten (10) days of notification that the Goods are ready for delivery, failing which the full purchase price shall forthwith become due and payable, and Vendor may at its option, either store the Goods and bill Purchaser for storage charges or dispose of same for Purchaser’s account and risk at a public or private sale, or exercise such other rights and remedies as may be available to Vendor in the circumstances.
All right, title and interest in and to the Goods shall remain with Vendor until such Goods have been paid for in full. However, such Goods shall be entirely at Purchaser’s risk from the time placed on a common carrier and the loss, damage, deterioration or destruction of the Goods thereafter shall not release Purchaser from its obligations hereunder. In the event of any default to make payment by the Purchaser, Vendor shall have the right to take possession of any Goods already delivered and to remove same without notice and without legal proceedings, in which case all payments theretofore made shall be credited to the Purchaser’s account after deduction of a reasonable rental fee and the costs of repossession, if any, including reasonable legal fees. Purchaser hereby agrees to defend, indemnify, and save harmless Vendor from any and all loss arising out of any or all claims, suits and demands by reason of, but not limited to, the retention of title to the Goods by Vendor while same are at the Purchaser’s risk.
All claims for missing items or inaccuracies must be made within two (2) days of the date of receipt of Goods.
Any tax of any nature including, without limitation, any excise, sales, use, Goods and services or other similar taxes which the Vendor may be required to pay, to collect or to reimburse to others, by reason of the manufacture, ownership, use or sale of any product sold or service provided hereunder shall be the sole responsibility of Purchaser and shall be added to the amount to be paid hereunder.
Only the Goods specifically described on the reverse side hereof are subject to the terms and conditions herein. Unless expressly specified, installation, repair or other similar services are not included. Any services so specified shall be governed by the terms and conditions hereof.
All drawings, descriptive matter, weights, dimensions and performance data submitted with or made a part of Vendor’s Order Acknowledgement are based upon information furnished by the Purchaser in accordance with its requirements and Vendor assumes no responsibility for the accuracy of such information.
For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingences or causes beyond Vendor’s control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Vendor’s obligations may be suspended pending force majeure, without Vendor being responsible to Purchaser for any damages or losses resulting from such suspension.
Subject to the following, Vendor warrants that the Goods sold by it hereunder will conform to specifications and applicable industry standards and title will be clear from any security interests or encumbrances. Vendor shall ensure that Purchaser benefits from existing manufacturers’ warranties and in no event shall Vendor’s warranty exceed the warranty given by manufacturers’ of the Goods. The sole obligation of Vendor under such warranty shall be to replace or repair as deemed appropriate by manufacturer and provide assistance to Purchaser for any claim made to manufacturer of the Goods. THE ABOVE IS THE SOLE AND EXCLUSIVE WARRANTY, EXPRESS OR IMPLIED, PROVIDED BY VENDOR AND IS IN LIEU OF ALL OTHER WARRANTIES, OF ANY NATURE WHATSOEVER, CONTRACTUAL, LEGAL, STATUTORY OR OTHER, AND WHETHER FOR MERCHANTABILITY, QUALITY, FITNESS OR OTHERWISE.
THE LIABILITY OF VENDOR WILL NOT UNDER ANY CIRCUMSTANCES EXCEED THE PURCHASE PRICE OF THE GOODS FURNISHED AND IN NO EVENT SHALL VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR CONTINGENT DAMAGES OR COMMERCIAL LOSS OF ANY KIND (INCLUDING DAMAGES FOR LOSS OF PROFITS) ALLEGEDLY SUSTAINED BY PURCHASER.
Purchaser agrees to indemnify and hold Vendor harmless with respect to any third party claims for personal injury (or death), property damage or other loss which claims are based upon defective or allegedly defective design, material or workmanship furnished by Vendor.
Purchaser shall not assign or transfer this agreement or any interest in, or monies under, it without the written consent of Vendor and any assignment made without such consent shall be null and void.
Any provision hereof which is contrary to law will not invalidate any other provision thereof. The foregoing sets forth the sole and entire agreement between the parties with respect to the Goods supplied hereunder. These terms and conditions and the agreement evidenced thereby shall be governed by and interpreted in accordance with the laws of the province of Canada where the Goods are delivered. If deliveries are made outside Canada the governing laws shall be the laws of the Province where the Goods are shipped from. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement or to any order.
This order constitutes the entire agreement between the parties, and acceptance of this order is expressly limited to these terms and conditions and the terms and conditions set forth on the face of this order. Supplier automatically accepts the terms and conditions by express acceptance or by shipment of the goods. All prior representations, negotiations or arrangements are superseded by these terms and shall not form a basis for interpretation of these terms. Any changes must be agreed to in writing by Buyer.
Buyer shall have the right at any time to make changes in drawings, designs, specifications, materials, packaging, time and place of delivery and method of transportation. If any such changes cause an increase or decrease in the cost, or the time required for the performance, an equitable adjustment shall be made and this agreement shall be modified in writing accordingly. This right to an adjustment shall be deemed waived unless asserted within thirty (30) days after the change is ordered.
Invoices shall be in duplicate and will indicate number of packages and means of transportation. Each package should indicate case number and Buyer’s purchase order number.
Supplier will give Buyer the benefit of any price reductions occurring before the specified shipping date or to actual delivery date to Buyer’s warehouse whichever is more advantageous to Buyer. Supplier warrants that the price for the articles sold hereunder are not less favorable than those currently extended to any other customer for the same or similar articles in similar quantities.
Supplier warrants that the goods shall be: (i) in merchantable condition and free from defects in design, workmanship and materials, (ii) in conformity with the order and specifications, (iii) fit for such particular purposes and uses specified by Buyer or otherwise known to Supplier, and (iv) free and clear of any liens or other adverse claims against title. Buyer may, but shall not be required to inspect the goods. All warranties statutory, express or implied will survive inspection, test, acceptance and payment by Buyer or Buyer’s customers or agents. Supplier agrees, at its own cost and expense, to defend and hold Buyer harmless from and against any and all claims made against Buyer based upon, relating to or arising of any claimed defects in the goods or work performed by Supplier pursuant to this order.
Except as otherwise provided on the face of this order, the price includes all costs and charges, including without limitation, all applicable taxes and duties and all charges for packing, loading and transportation. If Buyer has agreed on the face of this order to pay any such charges, such charges shall be listed separately on Supplier’s invoices. Goods shall be packed, marked and described and the carrier shall be selected, so as to obtain the lowest transportation cost possible, and increased charges due to failure to do so will be charged to Supplier. If any manufacturer’s excise tax, value added tax or other tax measured by selling price is included in or added to the price of the goods paid by Buyer, then, in the event all or any part of that tax shall be refunded to Supplier, Supplier shall promptly remit such refund in full to Buyer.
Time is of the essence in this transaction. In addition to the Buyer’s remedies for breach of contract, this order may be cancelled or refused without liability if the goods are not shipped as specified or on the date specified.
At Buyer’s option, Supplier will repair or replace any nonconforming goods. If Supplier does not replace or correct defects in nonconforming goods promptly, Buyer, after reasonable notice to Supplier, may make such corrections or replace such goods and charge Supplier for the costs incurred by Buyer.
Supplier will defend and indemnify Buyer against all claims, actions, liability, damage, loss and expense (including investigative expense and attorneys’ fees incurred in litigation or because of threatened litigation) as the result of Buyer’s purchase and/or resale of the goods to its customers arising or alleged to arise from (i) patent, trademark, industrial design, copyright or other intellectual property rights infringement, (ii) the failure or alleged failure of the goods to comply with this order or with any express or implied warranties of Supplier, (iii) defects in design, material or workmanship, or (iv) Supplier’s negligence or willful act or omission to act. Buyer may terminate this order or any part thereof if Supplier fails to comply with any of these terms and conditions or the conditions set forth on the face of this order. Buyer’s remedies shall survive any termination of this agreement.
(a) Supplier is active at all times in his own capacities and rights as an independent contractor from Buyer. This transaction does not create a principal-agent or partnership relationship between them, and neither one may legally commit the other in any matter whatsoever.
(b) Supplier shall comply with all laws, regulations and policies applicable to it by any jurisdiction and shall obtain all permits needed to complete this transaction under the laws of the country from which the shipment is made.
(c) If the importation of the goods results in the assessment of a countervailing duty on Buyer as the importer, Supplier shall reimburse such countervailing duty to Buyer, provided such reimbursement is permitted under Canadian laws and regulations.
(d) Supplier shall cooperate fully with Buyer at Supplier’s expense in obtaining approvals of the goods requested by Buyer from certifying organizations such as Underwriters Laboratories or CSA.
(e) Any goods that are hazardous will be packaged, marked and shipped by Supplier to comply with all federal, provincial and local regulations and will further comply with all special Buyer requirements. Supplier shall furnish Buyer a Material Hazard Data Sheet covering all such goods.
(f) Supplier shall treat as confidential any proprietary information it has received from Buyer in connection with this order.
(g) Unless otherwise agreed upon in writing, title to the goods and risk of loss will remain with Supplier and shall not pass to Buyer until delivery and acceptance by Buyer at Buyer’s requested destination.
(h) If Supplier ceases to conduct normal business activities or becomes subject to bankruptcy or insolvency proceedings, Buyer may elect to terminate this purchase order without any liability or penalty.
(i) Buyer may waive performance of any condition, but waiver by Buyer of a condition shall not be considered a waiver of that condition for succeeding performance. None of Buyer’s remedies hereunder shall limit any other recourses available to Buyer in law or in equity.
(j) This purchase order is not assignable by Supplier without the prior written consent of Buyer.
(k) This transaction and all its terms shall be construed in accordance with and all disputes shall be governed by the laws of the province of Canada from where this purchase order is issued, and excluding the provisions of the Convention on the International Sale of Goods. Parties hereto submit to the jurisdiction of the courts from the province of Canada where this purchase order is issued in the event of any proceedings or disputes.
(l) Supplier and Buyer agree that in the event any portion of the transactions contemplated herein are hereafter effected using Electronic Data Interchange (“EDI”) the terms and conditions of this document shall continue to apply thereto notwithstanding any EDI trading agreement between the parties. Any data electronically transmitted will be as legally sufficient as a written paper document signed and exchanged between the parties provided each party has adopted appropriate digital identification.