Terms and Conditions of sale
Prices and sales taxes
The prices submitted in the service offer are valid for a period of 30 days unless otherwise specified.
The terms of payment for goods and services are indicated on the service offer and must be respected. The goods are the property of Distrimar Inc. until full payment of the order.
A deposit is required as indicated on the quote.
If a delivery were to be postponed (beyond the initial delivery date) at the customer’s request or due to a delay linked to a lack of available space, Distrimar reserves the right to transfer the products to the warehouse customer risk.
Such transfer for storage shall be treated as delivery in all respects, including insurance liabilities, invoicing, and full payment. Storage costs for goods kept in our warehouse at the request of the customer will be assessed.
Items damaged on delivery
If goods are delivered damaged or do not conform to the purchase order, the customer must accept delivery of the remaining goods and may withhold payment for damaged or non-conforming items. The customer must notify us within twenty-four (24) hours if the items delivered are damaged or non-compliant.
Where a customer receives a partial order and other items remain to be delivered, the delivered goods are immediately subject to our terms of payment. Payment for goods received may not under any circumstances be deferred on the grounds that delivery is partial.
Buyer agrees to pay a service charge in the amount of one and one-half percent (1½%) per month at an annual rate of eighteen percent (18%) on the amount of all invoices unpaid, as well as reasonable attorneys’ fees resulting from non-payment.
Right of surety
Failure to pay for goods under the terms of payment may lead to repossession of said goods. Distrimar reserves a right of security and, as such, has the right to repossess, without a court order, possession of the goods which have not been paid for in full. The buyer agrees to pay the amount of the costs associated with the measures taken to repossess the goods, which includes attorneys’ fees.
Title to the goods will not pass to the customer (meaning the goods will remain the property of Distrimar) until the invoice has been paid in full.
Accepted quotes are final and binding and cannot be voided.
Quotes Amendments / referrals
Quotes are based on a design and layout prepared or accepted by Distrimar and approved by the customer. Any service rendered to the customer to modify the design or layout before or during installation will be charged to the customer at the applicable rate. If such changes require the use of other products, parts, materials or labor, the latter will be invoiced to the customer at the applicable rate.
Acceptance of orders
Distrimar requires that the customer receives a written version of all orders in order to ensure that they are exhaustive and to avoid any risk of error and repetition. Distrimar’s quotes must be returned duly signed by the customer.
Returns of goods
It is understood that the goods cannot be returned. If Distrimar or the manufacturer accepts that an item generally found in its inventory be returned to it, any modification resulting from such a return will require Distrimar’s approval and the related costs may be invoiced to the customer.
Shipping and Delivery
If the customer requests that the products be delivered or installed, the following conditions apply:
- The job site must be clean, clear and free of debris before installation.
- No other professional should be present on the site.
- The building’s technical equipment must be made available to Distrimar free of charge (eg electricity, elevator, heating, etc.).
- Equipment for unloading, stacking, moving and handling of goods must also be available.
- Delivery and installation will be carried out during normal working hours.
- Additional costs will be invoiced in the event of changes to the installation conditions as agreed, or if overtime work is performed at the customer request.
Delays in the delivery of a product or the partial shipment of an order do not constitute a valid reason for the cancellation of an order or refusal of delivery.
If delivery trucks need to be redirected to Distrimar’s warehouse due to site conditions, double handling charges per truck per day will be charged.
We honor warranties offered by our manufacturers. Your purchase may be covered by replacement of damaged parts as well as travel and labor costs. Depending on the case, the warranty may also be limited to the replacement of the damaged part.
Replacement parts are normally shipped to one of our warehouses (Montreal or Quebec) unless there is an agreement with Distrimar for direct shipment to the original delivery and installation address. If the customer must assume the costs of transport and labor, Distrimar will provide the price of this charge before proceeding with the request for replacement from the manufacturer.
Duties and Taxes
Import duties, taxes, and brokerage fees, when applicable, are not included in the product price or shipping and handling cost. These charges are the buyer’s responsibility. In some cases, Distrimar might be taking care of and invoicing the buyer for transportation. This will be determined based on where the product is shipping from and the manufacturer’s policy.
The buyer should check with their customs broker to determine if there will be any additional charges
Regulations and Restrictions
The buyer is responsible for obtaining information regarding their country’s laws, regulations, and restrictions that may apply when purchasing our products. By placing an international order (shipping outside of Canada) the buyer is responsible for abiding by their country’s laws, regulations, and restrictions. If product is seized and destroyed by customs, we will NOT be responsible for the losses, product, or shipping refunds.
Except as expressly set forth herein, buyer may not return any goods without Distrimar’s written consent. All returns are subject to a restocking fee of 30% of the value of the product less taxes, plus the cost of shipping and handling, which cost is to be calculated by Distrimar based on the product to be returned and restocked. If the goods are specially ordered by the buyer, and cannot be returned to the manufacturer of origin, Distrimar shall have no obligation to accept the return of the goods, and buyer shall remain liable for the entire purchase price of the goods.