General terms and conditions of sale
1. Scope of Application
These General Terms and Conditions of Sale (GTC) apply to all sales of products and services made by Maxiteck tools inc. to industrial, commercial, or institutional clients.
No sales are made to consumers within the meaning of the Consumer Protection Act. Any order, accepted quotation, or transaction implies full and unconditional acceptance of these GTC.
2. Formation of the Contract
The contract is formed upon written or tacit acceptance of the quotation, purchase order, or order confirmation issued by Maxiteck tools inc.
The client’s terms and conditions, even if stated on a purchase order, shall not be binding on Maxiteck tools inc. unless expressly accepted in writing.
3. Prices
Prices are expressed in Canadian dollars, unless otherwise indicated, and are subject to applicable taxes.
Prices stated in a quotation are valid for a period of thirty (30) days from the date of issuance, unless otherwise stated in writing. After this period, Maxiteck tools inc. reserves the right to revise prices without prior notice.
No price modification may be claimed after the client’s written acceptance of the quotation.
4. Payment Terms
Unless otherwise agreed in writing, invoices are payable according to the terms indicated on the invoice.
Any unpaid amount shall bear interest at a rate of 2% per month (24% annually), calculated daily.
Collection costs, including reasonable legal fees, shall be borne by the client.
Delivery times are approximate and not guaranteed.
The risk of loss or damage transfers to the client as soon as the goods are handed over to the carrier.
Shipping costs are borne by the client, unless otherwise agreed in writing.
6. Inspection and Claims
The client must inspect the goods upon receipt.
Any claim for non-conformity, error, or apparent damage must be reported in writing within five (5) business days following receipt. Failing this, the goods shall be deemed compliant and accepted.
7. Returns and Exchanges
Any return or exchange must be preauthorized by Maxiteck tools inc.
Returns are accepted within a maximum period of fifteen (15) days following the invoice date, provided that the products are:
- new and unused
- in their original packaging
- accompanied by the original invoice
Custom-made products, specially ordered items, used or modified products are neither returnable nor exchangeable.
Restocking fees of up to 20% may apply.
Shipping costs are borne by the client.
8. Warranty
Products are covered solely by the manufacturer’s warranty, where applicable.
The warranty covers manufacturing defects under normal industrial use.
The warranty does not cover:
- normal wear and tear
- improper installation or use
- overloading or non-compliant use
- any unauthorized modification or repair
- damage caused by negligence or accident
9. Warranty Repairs
Any request for repair must be submitted to Maxiteck tools inc. for prior approval. A Return Merchandise Authorization (RMA) is required.
After inspection, the product will be repaired, replaced, or returned to the client if the warranty is denied.
Repair times depend on parts availability and manufacturer lead times.
Shipping costs are borne by the client, unless otherwise stated in writing.
10. Technical Services, Calibration, and Certification
Calibration, certification, inspection, or repair services are performed in accordance with the standards and procedures in effect at the time the service is provided.
Certificates issued reflect the condition of the equipment at the time of service only.
Maxiteck tools inc. shall not be held liable for the subsequent use of the equipment.
11. Limitation of Liability
The total liability of Maxiteck tools inc. is strictly limited to the price paid for the product or service concerned.
Under no circumstances shall Maxiteck tools inc. be liable for production losses, loss of revenue, loss of profits, contractual penalties, or indirect or consequential damages.
12. Force Majeure
Maxiteck tools inc. shall not be held liable for any delay or failure to perform resulting from an event beyond its reasonable control (force majeure).
13. Governing Law
These GTC are governed by the laws of the Province of Québec, and any dispute shall fall under the exclusive jurisdiction of the courts of the judicial district where the head office of Maxiteck tools inc. is located.
14. Entire Agreement
These GTC constitute the entire agreement between the parties and replace any prior communication or agreement.