1. This contract shall only be binding upon the Vendor upon written acceptance by an officer of the Vendor, or upon delivery or the item(s) described on the reverse side.
2. The ownership of the above purchased merchandise shall remain the absolute property of LE GROUPE BELLON PRESTIGE INC., until fully paid; meanwhile the merchandise shall be under the custody and control of the purchaser at his risk and expense as and from the delivery or installation as applicable. The purchaser shall not have the right to sell, encumber, transfer possession or remove said goods from the premises hereinafter until such time as the purchase price has been fully paid.
3. Should the purchaser fail to pay the purchase price according to the terms and conditions described herein, the vendor shall have the right without previous demand or legal process to enter upon the premises and take possession and remove the said goods, and its option either:
a) Sell said goods by public auction or private sale upon such terms and at such a price as it shall think fit, and credit the proceeds thereof after deducting all costs, charges and expanses attending the repossession and resale to the moneys due by the purchaser under this contract, and in such case the purchaser agrees to pay any deficiency that may arise on such resale.
b) Claim immediate payment of the balance of the purchase price including interest, costs, charges and expenses attending the repossession thereof. Upon payment by the purchaser of the outstanding sums due to the vendor the latter shall remit the said equipment to the purchaser.
4. Should the purchaser object to or be unable to accept delivery of the goods sold either at the time of delivery or prior to delivery, the vendor’s obligation to deliver shall be fulfilled in the case of refusal prior to delivery, upon written notice to the purchaser that the goods sold are ready for delivery, and in the case of refusal, at the time of delivery, upon delivery. In the event that the purchaser objects or is unable to accept the goods sold prior to or at the time of delivery, the purchase shall be responsible for all additional charges and without limiting the foregoing, in particular, storage and delivery costs.
5. The purchasers agree not to hold the vendor responsible for any damages done to the premises during the installation and or the repossession of the said goods, except in the case of gross negligence, and further agrees to defend, indemnity and hold harmless the vendor from all claims and legal suits instituted by the owner of the premises where the said goods were installed.
6. All products conceived for summer or winter, but used in winter, must be clear from snow at all time.
7. The obtaining and payment of permits or licenses, when required, shall be the sole responsibility of the purchaser. In the event of a legal pursuit, the customer is entirely responsible for all the legal fees.
8. All products manufactured by LE GROUPE BELLON PRESTIGE INC. will be identified by a signature of the company’s label.
9. The vendor will not be held responsible for any delay in delivery which would cause by reasonable circumstances beyond his control, such as, without any limitation, fire, strike, restriction, lack of transportation facilities and/or unavailability of personnel, materials or production facilities. Acceptance of the goods sold by the purchaser will have the effect of exempting the vendor from any other responsibilities in all regards.
10. The parties are hereby electing, to all purpose and rights, domicile in Montreal, Province of Quebec, where the contract is deemed to have been signed on the day of its acceptance by the vendor.
11. All others goods sold and delivered to the purchaser after the date of this agreement, either as a supplement or in addition to the goods specified on the face of this page, will be subject to the same conditions and privileges stipulated herein, in favor of the vendor without requiring the signature of the purchaser once he has received copies of invoices.
12. This contract represents the entire agreement concluded between the parties in relation with its purpose, without further guarantee or representation, and could only be changed by means of a written document to this effect, signed by the parties and including specific reference to the present contract.
13. An interest rate of two percent per month, 24 percent per annum, shall be charged to the purchased in default in payment of the whole or any part of the said purchase price or installment commencing on the due date in accordance with the terms and conditions of the contract.
14. The purchaser undertakes to pay an addition to the judicial costs an extra judicial fee as established by the Bar of Quebec on all sums collected resulting from legal proceedings instituted against the purchaser.
15. If required it shall be the responsibility of the purchaser to supply the proper electrical source and connection to the product purchased at his own expense.
16. In any case of installation of the purchased merchandises: the client represents and declares that the property to which the merchandises are to be installed does not bear any defect in construction that could affect the security or the execution of the installation, nor the solidity of the works.
17. When the client is a company or a middleman’s business the undersigned personally guarantees the obligations of the client.
18. Clause required under the Consumer Protection Act:
If the consumer fails to perform his obligation in the manner prescribed in this contract, the merchant may:
a) either ask exact immediate payment of the installments due;
b) or retake possession of the goods that form the object of the contract.
Solely applicable for installments payment plans:
Before retaking possession of the goods, the merchant must give the consumer a notice in writing of thirty days (30) during which the consumer may, as he chooses:
a) either remedy the fact that he is in default;
b) or return the goods to the merchant.
If the consumer returns the goods to the merchant, his obligation under this contract is extinguished and the merchant is not bound to return to him the payments he has received from him.
If, before his default, the consumer has paid at least one-half of the amount of the total obligation and of the down payment, the merchant may not recover possession of the goods unless he first obtains the permission of the court.
It is in the consumer’s interest to refer to section 16, 138a and c and 139 to 142 of the Consumer Protection Act and, where necessary, to communicate with the Office de la protection du consommateur.
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