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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 $85 before taxes shipped to the Province of Quebec and orders over $125 before taxes shipped to the Province of Ontario and orders over 225$ 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.

f. Que-mont Equipment inc. reserves the right to change any price without notice.

e. Late payments shall bear interest at the rate of 24% 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. We cannot take back goods that are not re-seleable (i.e.goods must in their box of origine, goods must be new and must not have been used). In the event return of Goods is accepted by Que-Mont, a charge equivalent to 10 % of the value of the Goods returned will be applicable We do not accept the return of goods that were placed as special order. Freight charges for returned goods are payable by the client. Que-mont reserves the right to refuse a return if certain conditions are not respected.

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.

 

RULES & CONDITIONS OF CONTEST

NO PURCHASE IS REQUIRED TO ENTER OR WIN.

  1. The contests are organized by Les Équipements Qué-Mont Inc. The contests are not sponsored, supported or administered by or associated with Facebook.
  2. The Contests are not sponsored, supported, administered or associated with Instagram.
  3. The Contests are not sponsored, supported, administered or associated with LinkedIn.
  4. Equipment Qué-Mont Inc. or an employee authorized to act on its behalf shall comply with all regulations defined by:
    1. Facebook on promotions (for example, contests) : https://www.facebook.com/policies/pages_groups_events/#
    2. Instagram on promotions (for example, contests) :
    3. No purchase or prize entry is required to enter the Contest.
    4. Eligibility. The person wishing to participate in the contest must do so by one of the means described in the specific contest information. No participation by other means will be accepted
  5. Each contest will clearly indicate how participants will be able to participate. Methods included but not limited to are:
    1. Like a Facebook post;
    2. Comment on a Facebook post;
    3. Like comments from a Facebook post;
    4. Post on Facebook page;
    5. Send a message to the Facebook page;
    6. Shares in Facebook post shares will not be considered equity unless otherwise specified.
  6. Contest are open to permanent residents of the following province in CANADA; Quebec, Ontario, New Brunswick, Nova Scotia, Prince Edward Island & Newfounland & labrador.
  7. Employees of "Les Équipements Qué-Mont inc." and their family members are not eligible to participate in the contests.
  8. Contests are subject to all applicable federal and provincial laws and local by-laws. Void where prohibited by law.
  9. All participants must have reached the age of majority in their province of residence by the end date of the contest they are entering.
  10. The Qué-Mont Equipment Inc. or employee authorized to act on its behalf may at any time require proof of identity or eligibility to participate in the Contest. Failure to provide such evidence may result in disqualification.
  11. Any personal or other information required by «Les Équipements Qué-Mont inc.» or employee authorized to act on its behalf and provided to them for the purposes of the Contest must be truthful, complete, legible, accurate and not misleading in any way.
  12. The winner (“the winner”) will be chosen at random by means of an electronic draw, at the office of Les Équipements Qué-Mont inc. located at 3685, avenue Des Grandes-Tourelles, Boisbriand, Québec, J7H 0E2. The winner will be contacted using the contact information provided at the time of registration. At the same time, we will also select one (1) other winner as a reserve.
  13. We will attempt to reach the winner twice within five (5) days of the draw. If we fail to do so within this period, the second winner chosen will become the winner of the grand prize and the first winner will be disqualified and will have no recourse against Les Équipements Qué-Mont inc. or anyone participating in the contest.
  14. Acceptance of the Rules. By participating, the Participant agrees to be fully and unconditionally bound by these Rules. You represent and warrant that You comply with the eligibility conditions.
  15. The contest is open from May 10, 2021 to June 10, 2021 at 11:59 pm Eastern Daylight Saving Time. All entries must be received no later than the date specified on the Facebook publication or on the website www.quemont.com or in the Instagram publication.
  16. To be eligible for the Contest, the entrant must comply with all the steps and requirements of the Contest that will be specified in the publication. Entries that do not meet the conditions or that do not meet the regulations or specifications may be disqualified at the sole discretion of Les Équipements Qué-Mont inc. You may only participate once. Any person who uses fraudulent or other methods to circumvent the regulations, your participation may be disqualified at the sole discretion of Les Équipements Qué-Mont inc.
  17. Any price claim is subject to verification by Québec-Mont Equipment Inc. or their designated representatives
  18. Any person who participates in the Contest, as well as the winner and his guests, must agree to: a) be bound by these regulations and by the decisions of Les Équipements Qué-Mont inc. b) to clear the Équipements Qué-Mont Inc. its officers, employees and respective representatives, including advertising and promotional agencies, of any liability for claims or damages, including personal injury or material damage in connection with acceptance, the possession or use or misuse of the prize or with participation in the Contest;
  19. Any person participating in the Contest agrees to allow Les Équipements Qué-Mont inc. to use their name, address, city and province of residence, a photo or video of themselves or any other resemblance for advertising purposes, without any remuneration.
  20. The Contest Winner will be required to complete and sign the Winner’s Declaration Form and provide their residential address before the prize is awarded. Failure to comply with all guidelines may result in disqualification of the potential winner. In such a case, another potential winner will be selected to receive the prize, in accordance with the rules.
  21. The winner of the Contest will receive the prize, as specified. The actual/estimated value of the prize may differ at the time of award. Price details are determined by Les Équipements Qué-Mont inc. No silver equivalent. No price substitution. No warranty will be offered unless specified in the contest rules. The prize cannot be transferred to another person.
  22. The odds of winning depend on the number of eligible entries received.
  23. Le gagnant devra remplir et signer le formulaire de déclaration du gagnant et il devra fournir à Les Équipements Qué-Mont Inc. son adresse complète afin que le prix lui soit expédié.
  24. The prize will be shipped at the expense of Les Équipements Qué-Mont inc. to the winner’s residence.The Winner will be randomly selected by a representative of Les Équipements Qué-Mont inc.
  25. The Winner will be notified via a Facebook message within two (2) days of the selection of the Winner.
    1. The Qué-Mont Equipment Inc. will not be liable if the Winner does not receive notifications due to spam or other security settings or if the Winner has provided incorrect or otherwise non-functional contact information.
    2. If the Winner cannot be contacted, is not eligible, does not claim the Prize within five (5) days of notification of the award of the Prize or does not return the signed Declaration of Winner form within the prescribed time, he will lose the prize and another Winner will be selected. The receipt of the prize by the Winner is conditional on compliance with all rules
    3. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER IN THE SOLE DISCRETION Les Équipements Qué-Mont inc. WILL DISQUALIFY THE WINNER OF THE CONTEST AND WILL IMMEDIATELY TERMINATE ALL OF ITS WINNER PRIVILEGES.
  26. By entering the contest (photo, video, text, etc.), You understand and agree that Les Équipements Qué-Mont inc. or anyone acting on its behalf have the right, where permitted by law, to print, publish, to broadcast, distribute and use in all media currently known or created in the future, without restriction, your participation, your name and your statements about the Contest for advertising, informational, commercial or promotional purposes, or for public relations and promotions, without further compensation, notice, review or consent on your part.
  27. The Qué-Mont Equipment Inc. reserves the right, in its sole discretion, to cancel, cease, modify or suspend the Contest if a virus, bug, unauthorized human intervention, fraud or any other cause beyond the control of the Qué-Mont EquipmentMont Inc. compromises or affects the administration, security, fairness or orderly operation of the Contest. If such a situation occurs, Les Équipements Qué-Mont inc. may select the Winner from among all eligible entries received before or after (as the case may be) the action taken by Les Équipements Qué-Mont inc. Les Équipements Qué-Mont inc. reserves the right, in its sole discretion, to disqualify any person who corrupts or attempts to corrupt the entry process, the conduct of the Contest or the Website or who contravenes these Terms and Conditions. Québec-Mont Equipment Inc. reserves the right, in its sole discretion, to cancel votes for any reason in order to preserve the integrity of the Contest. Any attempt to deliberately damage a website or interfere with the legitimate conduct of the Contest is a violation of civil and criminal law. In the event of such an attempt, Les Équipements Qué-Mont inc. reserves the right to seek damages to the fullest extent permitted by law.
  28. Any person participating in the Contest agrees to indemnify the Releasees from any liability for any harm, loss or damage inflicted on the Entrant or any other person, including bodily injury, death or material damage resulting in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of the Prize, from participation in the Contest, from any breach of the rules of the Contest or from any activity related to the Prize. The Entrant agrees to fully indemnify the Releasees from any third party claims related to the Contest, without limitation.
  29. THIS CONTEST IS GOVERNED BY THE LAWS OF CANADA, WITHOUT REGARD TO CONFLICT OF LAWS DOCTRINES. As a condition of participation in the Contest, the Entrant agrees that any dispute between the parties that cannot be resolved and any cause of action arising out of or relating to the Contest shall be resolved individually, without recourse to any form of class action, and exclusively by a court of competent jurisdiction in Quebec. In addition, in such litigation, the Participant shall under no circumstances be indemnified for punitive, incidental or consequential damages, including reasonable attorneys' fees, other than the actual disbursements of the Participant (the costs associated with participating in the Contest), and the Entrant hereby waives any rights to such damages. The Participant shall also waive all rights to increased damages.
  30. Privacy Policy. The information provided with the participation is subject to the privacy policy set out on the website of Les Équipements Qué-Mont Inc and to the terms of these contest rules on social media.
  31. Qué-Mont Equipment Inc. is the only Sponsor of the contest.
  32. Quebec residents may submit to the Régie des alcools, des courses et des jeux any dispute concerning the holding or organization of an advertising contest in order to obtain a decision. Any dispute concerning the award of a prize may be submitted to the Régie solely to assist the parties in reaching a settlement.