Terms & Conditions of Sale
Vs.0.04 last update March, 28th 2020
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. All sales are final after 30 days from the shipment date. Orders from other countries the full pre-payment is requested with the order. MONTECS reserves the right to not selling to countries with who Canada, the 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. UPS, DHL or FedEx ship orders. Individual pieces of equipment that weigh more than 150 lbs. Will be shipped freight collect by a carrier at our discretion with the previous estimate to receive accordance from the customers. Customers must ensure products. 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. The consignee must file all damage claims. 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 the manufacturing process or materials for one year from the 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 perform 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 the diagnosis of the equipment on-site 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. On-site 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 causes of nature provoke the delay and the order is cancelled, 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 made formally by letter of the client, justifying the PO cancellation.
NOTE. If due some reason, one product under development or approval provokes the delay of delivery, the cancellation should be informed after 90 days of the delay.
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, the 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.
The Seller shall be excused from delays in delivery and performance of other contractual obligations under this Order caused by acts or omissions that are beyond the reasonable control and without the fault or negligence of Seller including but not limited to Government embargoes, blockades, seizure or freeze of assets, delays or refusals to grant an export license or the suspension or revocation thereof, or any other acts of any Government, fires, floods, severe weather conditions, or any other acts of God, quarantines, pandemics, labor strikes or lockouts, riots, strife, insurrection, civil disobedience, war, material shortages or delays in deliveries to Seller by third parties. If the excusable delay circumstances extend for six months, either party may, at its option, terminate this Order without penalty or liability and without being deemed in default or in breach thereof.
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, re-seller, 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.
Seller’s liability on any claim for loss or damage arising out of, connected with, or resulting from an Order, or from the performance or breach thereof, or from the manufacture, sale, delivery, resale, repair or use of any product covered by or furnished under an Order shall in no case exceed the price allocable to the product or part thereof which gives rise to the claim, except as provided in the paragraph entitled “Patent Indemnity”. In no event shall Seller be liable for special, incidental or consequential damages. Except as herein expressly provided to the contrary, the provisions of this Order are for the benefit of the parties to the Order and not for the benefit of any other person.
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 re-sellers.
10. Governing Law. This Agreement and any order issued hereunder shall be governed by the laws of 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