CONDITIONS OF SALE AND WARRANTIES
These Terms of Sale and Warranties apply between Technologie Optic.ca Inc. ("OPTIC.CA") and the original purchaser of the goods sold (the "PURCHASER"), including the PURCHASER who has purchased products from OPTIC.CA (the "Products") through a third-party merchant reseller duly authorized by OPTIC.CA (the "RESELLER").
- Application of Terms of Sale and Warranties - OPTIC.CA may modify the Terms of Sale and Warranties at any time at its sole discretion. The modified conditions of sale and warranties shall apply to sales made after their posting on the Site.
- Customer Choice - At its sole discretion, OPTIC.CA may refuse to supply its Products to any PURCHASER - including but not limited to if OPTIC.CA is of the opinion that the Products are not suitable for PURCHASER's intended use.
- Payment - Invoices for all purchases must be paid in full. OPTIC.CA and/or the RESELLER retain full ownership of the goods sold until full payment of all amounts due. Unless otherwise agreed in advance in writing, OPTIC.CA may, at its discretion, retain all or part of the goods sold until full payment.
- Interest - Interest, calculated and accrued daily at a rate of 2% per month (24% per annum), is charged and payable in the event of late payment.
- Means of payment - All orders are payable by credit card, cheque or bank transfer.
- Price - The price paid by the User is the full price for the order, and includes, as indicated, delivery charges and applicable taxes. Unless otherwise indicated, amounts are in Canadian currency (CAD). Product availability and pricing may vary.
- Delivery sites - Where applicable, work and/or delivery sites must be sufficiently clear to permit necessary and safe traffic. The PURCHASER is responsible for clearing the premises.
- International orders - Any PURCHASER wishing delivery outside Canada must contact OPTIC.CA directly, in particular to establish delivery costs. If applicable, the importer is responsible for all customs clearance fees, taxes and tariffs related to importation.
- No Resale of Products - No PURCHASER is authorized to resell OPTIC.CA Products to any other person - subject to specific, direct, written and prior agreement with OPTIC.CA.
- Resale to Consumers - OPTIC.CA permits the sale of its Products to corporate and professional customers - and does not intend to offer its Products to "consumers" as understood in accordance with the provisions of the Consumer Protection Act, LRQ c P-40. Where applicable, the RESELLER is solely responsible to any consumer for compliance with the provisions of the Consumer Protection Act.
- Limitation of Liability - OPTIC.CA's liability to PURCHASER is limited to the exercise of returns and warranties on goods sold, in accordance with these Terms of Sale, OPTIC.CA's policies and the law. The Products are not authorized for use as a critical component in life support systems or devices.
- Returns - Within FIFTEEN (15) DAYS, the PURCHASER may return the good sold provided it is not unpacked from its original packaging and has not been used. A handling fee of TWENTY-FIVE PERCENT (25%) of the total amount, taxes included, of the returned good will be retained on returns. The RETAILER is responsible for advising the purchaser of the terms and conditions of returns. No returns are allowed on special orders and/or sales.
- Warranty - OPTIC.CA offers a lifetime warranty on products purchased through the Authorized Reseller, as described below:
- Warranty Fulfillment - To fulfill a warranty, please contact OPTIC.CA directly.
- Undertaking - OPTIC.CA warrants to the PURCHASER that its products function, conform to the specifications supplied with the product, and are free from manufacturing defects affecting form and function.
- Limitations - This warranty is limited as follows:
- Non-transferable - The warranty is non-transferable, and is for the benefit of the original PURCHASER only. All claims must be made by this person, who must be the sole owner since the initial purchase;
- Warranty Void - The warranty is void with respect to breakage, defect or damage resulting from (1) normal wear and tear, (2) abuse, neglect, alteration or electrical problems, (3) unreasonable and/or improper maintenance, storage, installation, use or handling, (4) repair or modification by anyone other than OPTIC. CA, the manufacturer or an authorized third-party repairer of OPTIC.CA, (5) any disaster, including but not limited to fire, theft, mischief, flood or other natural disaster, or (5) more generally, any use other than in the ordinary course of business for the purpose for which the goods were designed.
- Product Evaluation - OPTIC.CA does not guarantee that the product purchased is the right product for your needs. The PURCHASER is solely responsible for evaluating his or her needs, and verifying that the product purchased is adequate for his or her needs and existing system.
- Duration - In all cases, the duration of the warranty begins on the date of purchase of the good sold by the PURCHASER, and is limited to the useful life of the good. For transceivers with radius LESS THAN EIGHTY KILOMETERS (80 km), the warranty is limited to a maximum duration equivalent to the Mean Time Between Failures ("MTBF") for the transceiver purchased, as specified in the device specifications and technical documentation. Notwithstanding the foregoing, the warranty is limited to FIVE (5) YEARS for transceivers with a radius OF EIGHTY KILOMETERS OR MORE (80 km+). The warranty on optical cords and wires is limited to manufacturing defects, and is limited to a period of THIRTY (30) DAYS from the date of purchase. The warranty on other goods sold is limited to ONE (1) YEAR.
- Initial system - In all cases, the warranty on Products is limited to their use with the initial system for which such Products were purchased. The warranty is void if the Products are transferred to another system and/or if the initial system is modified in such a way as to limit or prevent the proper functioning of the Products.
- Proof of Purchase / Handling - The PURCHASER must provide proof of purchase to exercise the warranty, and is responsible for handling charges to return the good to OPTIC.CA. PURCHASER is responsible for risk and damage to property until receipt of goods by OPTIC.CA. If applicable, upon confirmation that the warranty has been exercised, OPTIC.CA is responsible for the handling charges to return the good to PURCHASER, as well as the risks and damages to the good in the return transport.
- Computer Programs - OPTIC.CA warrants that its Products incorporating a computer program - including transmitters - will function properly upon delivery. If applicable, OPTIC.CA is responsible for correcting any defects in the goods upon delivery. After initial use, OPTIC.CA is not responsible for and makes no warranty or representation regarding any software associated with the goods sold, including any problems relating to the compatibility and updating of such software. The warranty is void due to any problems related to the software.
- Warranty Value - Repair / Replacement - Where applicable, the warranty is limited to the lower of the cost of repair, the cost of replacement or the fair market value of the good. OPTIC.CA determines at its discretion whether it prefers to have the good repaired or replaced. If so, OPTIC.CA reserves the right to substitute parts with equivalent parts.
- Manufacturer's Warranty - OPTIC.CA may require that the manufacturer's warranty to PURCHASER be initially performed by the manufacturer. OPTIC.CA may, at its option, exercise its own manufacturer's warranty prior to confirming the performance and terms of the warranty with PURCHASER.
- Additional Limitations of Liability - Any warranty imposed by applicable law is limited to the terms of this Warranty. OPTIC.CA shall not be liable for any damages incidental or consequential to the defect giving rise to the warranty; including, but not limited to, any loss of revenue, profits, goodwill, files or data. PURCHASER represents and acknowledges that the exercise of the warranty is the sole remedy available to it with respect to the defect giving rise to the performance of the warranty. If, notwithstanding the foregoing, OPTIC.CA is otherwise found liable, the liability of OPTIC.CA, its agents, servants and insurers shall not exceed the amount paid for the Product. Except as provided herein, OPTIC.CA makes no additional warranties, express or implied.
- Law and Jurisdiction - This Agreement shall be governed by the laws applicable in the Province of Quebec, Canada. Any dispute arising in connection herewith - including, without limitation, its validity, performance, interpretation and/or termination - shall be submitted to the competent court sitting in the judicial district of Montreal (Quebec), to the exclusion of any court otherwise having jurisdiction.