Terms & Conditions of Sale
Vs.0.02 last update Mars, 20th 2018
By purchasing MONTECS products, online or via PO, you are agreeing to the following “Montecs Terms & Conditions of sale.”
1. Payment Terms. Unless agreed separately in writing, payment is to be made 75% with the order, and 25% before shipment by Bank Wire Transfer or 100% by Credit card - Only SQUARE Inc operates our Credit Card payments. In those cases where MONTECS, in its sole discretion, allows credit terms, payment shall be made within 30 days of the date of shipment, or on other terms mutually agreed upon. All sales are final after 30 days from shipment date. Orders from other countries the full pre-payment are requested with the order. MONTECS reserves the right to not selling to countries with who Canada, US or any EURO COUNTRIES has economical restrictions.
2. Shipping. All Products are shipped FOB Quebec – CA, or Ex Works in the case of customers from outside CANADA. Orders are shipped by UPS, DHL or FedEx. Individual pieces of equipment that weigh in excess of 150 lbs. Will be shipped freight collect by a carrier at our discretion with the previous estimate to receive accordance from the customers. Products must be insured by customers. All shipments should be inspected immediately after arriving at the destination. If there is damage to the shipment, need the carrier to make a written note of the damage. All damage claims must be filed by the consignee. MONTECS will do everything possible to aid in this process, however, our responsibility ceases when the carrier signs the bill of lading acknowledging they have received the merchandise in good condition.
3. Warranty for Equipment. We warranty all equipment to be free from material defects in workmanship or materials for a period of 1 year from date of shipment (extended for more one year with charge). If at any time within this year after shipment the equipment does not function as warranted, return it, and we will repair or replace it without charge. If within 30 days after shipment, the equipment does not function as warranted, we will pay shipping costs to return the equipment to us for repair or replacement. After 30 days, you pay shipping costs to return the equipment to us. In the case of an extended warranty, the customer needs to pay only the shipment.
If any product is subject to federal or state consumer warranty laws, our statement of limited warranty included with the product applies in place of these warranties. Misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you or failure caused by an item for which we are not responsible may void these warranties. This warranty replaces any other warranty, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. MONTECS has a period of 2 up to 5 days for diagnosis of the equipment onsite and up to 30 days for repair.
4. Support for Equipment. MONTECS extends a lifetime support plan on all its equipment. This support plan only covers original equipment purchased directly from MONTECS, and does not include equipment purchased from a reseller or third party. Our lifetime support plan includes any questions that the end user may have - including deals related to our products, including software, hardware & maintenance. Support is made available via telephone, e-mail, or chat. Onsite support is not included in our Lifetime Support Plan. MONTECS does not include in this support consulting about methods of Test and International Standards. All information about Standards the customer needs to buy from a specialized Certification Org. Ex. IEC, UL, DIN etc.
5. Copyrights: Montecs reserves the right not to sell any of its projects. The company's expertise is related to the development of solutions for product compliance, not necessarily the sale of projects. Drawings, which are eventually shared with customers, are the property of Montecs Groupe and cannot be reproduced, in whole or in part. The approximation of Montecs customers arrives through the internet and has access to this information, therefore all Montecs customers are presumed to know these terms.
6. Restocking Charges. Orders cancelled during manufacturing but before shipment will be subject to a 10% restocking fee except in the case of delay of delivery by MONTECS. If the delay is provoked by causes of nature and the order is canceled the order will be subject to a 10% restocking fee. Orders returned within 30 days of shipment are subject to a 20% restocking fee. Orders for custom products of any nature are non-cancellable. After 30 days from shipment, all sales are final. However, if there is an agreement between Montecs and the customer to postpone the delivery date, and in the term of this agreement the customer will break this agreement, 10% will be charged. The cancellation of an order must be done formally by letter of the client, justifying the cancellation.
6.1 All refunds paid with credit cards comply with the repayment deadlines of the company responsible for receiving the amounts. If the cancellation occurs within 24 hours after purchase, this refund will occur without penalty. If the cancellation happens later, after the formalization of the purchase, the term of refund, discounting any fines described above, can take between 20 and 70 days to occur.
7. Delivery dates. MONTECS will use commercially reasonable efforts to meet any delivery date(s) requested in Buyer’s order, provided, however, that MONTECS will not be liable under any circumstances for its failure to meet such delivery date(s). If Buyer terminates individual orders because of MONTECS inability to deliver, Buyer’s sole remedy shall be an entitlement to cancel the unshipped quantity of any particular order. No cancellation of any purchase order for default of MONTECS shall be valid unless MONTECS has failed to correct such alleged default within thirty (30) days after receipt by MONTECS of a written notice by Buyer of such default.
8. The limitation of Liability. If we default, or because of other liability you are entitled to recover damages from us, then regardless of the basis on which you have the right to claim damages. We are only liable for the amount of any actual loss or damage up to the charges for the product or service that is the subject of the claim. This limit also applies to any subcontractor, reseller, programmer, or developer as the maximum for which we are collectively responsible. Under no circumstances are we liable for third-party claims against you for losses or damages; loss of or damage to your records or data; or consequential damages (including lost profits or savings) or incidental damages, even if we have been advised of the possibility of such damages.
8.1 MONTECS understands that its customers buy tools to check the quality of the products they manufacture or sell. That is good for the reputation of the brands involved, and sometimes MONTECS discloses some of these cases. If customers do not agree with any disclosure of their brands on our media, they should do so in writing.
9. Not For Resale. (US Only) Customer agrees to comply with all applicable laws and regulations of the various states and the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. MONTECS has separate terms and conditions governing sales to licensed resellers.
10. Governing Law. This Agreement and any order issued hereunder shall be governed by the laws of the Quebec – Canada. The parties at this moment agree that any dispute relating to the Products sold hereunder shall be subject to the jurisdiction and venue of the City of Montreal, Quebec CA, and the parties hereby consent to such jurisdiction and venue and waive any obligations thereto