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Welcome to the Website of Quémont Inc. (www.quemont.com). Your use of our Website indicates your agreement with the following Terms of Use. If you do not agree to be bound by and comply with these Terms of Use, please do not access or use this Website.

TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale govern the sale between the distributor Les Équipements Que-Mont inc. (“Que-Mont”) and the purchaser (the “Client”) of the goods listed on the invoice issued by Que-Mont (the “Goods”).


1.     Acceptance and Entire Agreement: The approval of a quote from Que-Mont by the Client or the issuance of a purchase order by the Client constitutes an acceptance of the present Terms and Conditions of Sale by the Client, notwithstanding any mention to the contrary. The provisions of these Terms and Conditions of Sale shall constitute the entire agreement between the parties, take precedence over, and replace any document, prior or concomitant, submitted by the Client, including any purchase order.

2.     Price and Payment Terms:

a. Unless otherwise specified, all costs and expenses specified in the invoice shall be in Canadian dollars.

b. The Client shall be responsible for the payment of all shipping costs, except for orders over $75 before taxes shipped to the Province of Quebec and orders over $100 before taxes shipped to the Province of Ontario and orders over 200$ before taxes shipped to Maritimes Provinces. * Take note, that politic of transport doesn't include any pails of liquid or tire grease and any dangerous goods.

c. The Client shall be responsible for the payment of any and all custom duties, sales tax, goods and services tax, excise tax, value added and other similar taxes, duties and charges of any nature whatsoever due or payable in respect of any payment resulting from these Terms and Conditions of Sale (the “Taxes”), which Taxes shall be added to, and not deducted from, payments resulting from these Terms and Conditions of Sale.

d. Within 30 days from receipt of the invoice, the Client shall pay Que-Mont the full amount of the invoice by wire transfer or cheque.

e. Late payments shall bear interest at the rate of 20% per annum calculated daily and payable monthly in arrears on the last day of each and every month, with interests on all overdue interests accruing at the same rate and calculated and payable in the same manner.

3.     Property of the Goods: The property of the Goods shall remain vested in Que-Mont until all outstanding invoices have been paid in full by the Client. Until the final and complete payment, Que-Mont shall (i) keep the title and all property rights in and to the Goods, (ii) be entitled to realize any warranties, lien, hypothec or securities towards the Goods and any sums resulting from the sale of said Goods, and (iii) have and keep all rights as owner, creditor or vendor who has not been paid, to claim from the Client the reimbursement and payment of all cost and expenses or take any legal action or proceedings, including the right to retake possession of the Goods.

4.     Transfer of Risk of Loss and Damages: The Goods shall be deemed to be under the Client’s possession and control and under its responsibility from the time of their delivery by Que-Mont or by the carrier at the place agreed upon by the parties. The Client covenants and agrees to assume all risks of loss or damages to the Goods or any damages to a third person caused by the Goods from the time of their delivery by Que-Mont or the carrier at the place agreed upon by the parties.

5.     Delivery: Que-Mont reserves the right to choose the carrier. Que-Mont does not guarantee delivery of the Goods in due time and shall not be liable for any loss or damage resulting directly or indirectly from any delay to deliver. Depending on the quantity requested and based on inventory availability, the Goods may be delivered in more than one shipment to the Client.

6.     Goods Availability: Que-Mont does not guarantee in any case the availability in inventory of the Goods notwithstanding the acceptance of the purchase order.

7.     Inspection and Defects: The Client shall, within 14 business days from the reception of any of the Goods, proceed to their inspection. After expiry of this delay, the Client shall be irrevocably barred from invoking any defect that a diligently conducted inspection would have enabled to reveal and will be deemed to have renounced to require that any such defect be cured or to seek a compensation for it.

8.     Returns: No returns of the Goods will be accepted without Que-Mont prior approval. In the event return of Goods is accepted by Que-Mont, a charge equivalent to 15% of the value of the Goods returned will be applicable and the transportation costs will be payable by the Client .

9.     Warranty: The Client benefits from the manufacturer’s warranty in effect at the time of purchase. Que-Mont provides no other warranty, express or implied, with respect to the Goods sold to the Client. In the event of any problem or warranty claim with respect to a Good under warranty, the Client shall first contact and inform Que-Mont in writing.

10.     Limited Liability: Any compensation payable by Que-Mont to the Client with respect to Goods shall not exceed the sale price of such Goods.

11.     Delays: All delays and time limits set out in these Terms and Conditions of Sale are strict. Should the Client fail to pay any sum or sums due pursuant to these Terms and Conditions of Sale when they become due, or should the Client become insolvent, go into bankruptcy or offer a proposal to his creditors under any bankruptcy legislation, or should the whole or part of the Goods be damaged, lost or destroyed, or seized following judicial proceedings, or become subject to a lien, a hypothec or any other charge, then the whole of the balance due under these Terms and Conditions of Sale, including interest, cost or other accessories, shall immediately become payable, without notice or formal demand. Que-Mont

12.     Retaking of Possession: Que-Mont shall always have the right to retake possession of the Goods, without judicial proceedings, if it has reasons to believe that the Client’s financial situation is deteriorating or if Que-Mont deems the Goods in danger of misuse, of confiscation or if any sum due by the Client to Que-Mont for any cause whatsoever should remain unpaid at maturity thereof.

13.     Force Majeure: Que-Mont shall not be liable for any delays or failures related to the performance of its obligations if said default of performance is due to an event of force majeure.

14.     Modifications to These Terms and Conditions of Sale : These Terms and Conditions of Sale may only be amended, supplemented, or otherwise modified by Que-Mont.

15.     Applicable Law and Forum Election: These Terms and Conditions of Sale and any action in connection therewith, regardless of form, shall be interpreted and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods and without giving effect to principles of conflicts of laws. All disputes arising out of or relating to these Terms and Conditions of Sale shall be submitted to the Quebec courts, judicial district of Montreal.

16.     Severability: Even if a provision of these Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, all other provisions of these Terms and Conditions of Sale will remain in full force and effect.