These terms and conditions of sale apply to all orders placed with Foraxpert Inc. or M.Beauregard Équipements Inc. (collectively the « Company ») by telephone, e-mail or on the Company's website.
These terms, conditions and policies are subject to change at any time without notice. The Company shall not be bound by any terms or conditions deemed inconsistent with these terms and conditions, unless agreed to in writing.
From the moment the customer completes and confirms his/her order via the Company's website, the latter shall be deemed to have accepted, with full knowledge of the facts and without reservation, the present terms and conditions of sale, an the prices and quantities of the products offered for sale.
All orders are subject to final acceptance by the Company and are effective upon receipt of payment.
In the event that the solvency of the customer does not appear satisfactory to the Company, if there is a change in the customer's situation or if the customer does not comply with the terms of payment, the Company may, subject to its other rights, refuse any order without notice. The customer further acknowledges that if the customer has not complied with the terms of sale and payment for any purchase from the Company or with any of the terms hereof, the Company may without notice cancel or suspend the customer's account for the future.
The sale prices of products are indicated in Canadian dollars, unless otherwise indicated, excluding all taxes and delivery charges, and are those in effect at the time the order is confirmed by the customer. Product prices are subject to change at any time without notice.
The company offers the possibility of delivering the products ordered, subject to payment by the customer of the applicable shipping charges.
However, in the event that the customer has an account with a recognized delivery company, the latter must complete the section to this effect when completing his order, indicating in particular his account number with the said delivery company.
In the absence of instructions to this effect, products will be shipped by a means deemed appropriate by the Company, and any freight charges due will be billed to the customer in addition.
Unless otherwise agreed, the Company reserves the right to deliver products sold to the customer as they become available. Orders whose delivery is delayed at the customer's request will be subject to additional storage charges as well as any other incidental charges caused by the delay.
The Company shall not be liable for any damage, delay, failure to deliver or failure to perform for any reason whatsoever, including but not limited to force majeure, intervention or non-intervention by any state, government or other public authority, confiscation, armed conflict, blockade, invasion, quarantine, riot, sabotage, fire, flood, explosion, epidemic, landslide, lightning, earthquake, accident, strike, lockout, work stoppage or slowdown, embargo, power failure or any delay or failure affecting products, equipment, manufacturing or transportation.
All title an risk of loss to products ordered shall pass to the customer upon shipment by the Company (EXW). Therefore, unless expressly stated to the contrary, the Company assumes no responsibility for loss, damage or theft in transit, and the customer acknowledges that it assumes all risks associated with the transportation of the products.
The company offers no guarantee that a confirmed order may be cancelled prior to delivery. Any cancellation of an order shall be subject to prior approval by the Company, which approval shall be at the Company's discretion. In the event that cancellation of an order is accepted, a minimum charge representing a percentage of the invoiced cost of products sold may be invoiced to the customer, at the Company's discretion.
Any product found to be defective in material or workmanship will be warranted for a period of:
- 60 days from date of purchase for all new parts; or
- 30 days from the date of purchase for assembled products.
The Company offers no guarantee as to the possibility of returning any product in the event that the customer is not completely satisfied with his purchase.
In the event that a product return is accepted by the Company, all transportation, storage and other costs associated with the return will be the sole responsibility of the customer.
All requests for returns, exchanges or credit must be made no later than 30 days following the date of purchase for in-stock products.
Custom-made products (special orders of non-stock items) cannot be returned, exchanged or credited.
All returns will be subject to an additional charge of 15% of the invoiced cost of the product sold.
In all cases, any product returned in this way must be in a condition deemed satisfactory by the Company and must, where applicable, be in its original packaging, enabling it to be resold, and must be accompanied by the original invoice issued on the occasion of purchase. Any return request that does not comply with these conditions will be refused by the Company.
