{"id":25760,"date":"2023-01-04T15:57:31","date_gmt":"2023-01-04T20:57:31","guid":{"rendered":"https:\/\/graderspro.com\/?page_id=25760"},"modified":"2023-01-19T14:54:09","modified_gmt":"2023-01-19T19:54:09","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/graderspro.com\/en\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"\t\t
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TERMS AND CONDITIONS

We are committed to providing you with the best possible service.

Quebec law applies to transactions made on this site and any dispute will be heard by the court in the judicial district of the seller. Liability for damages payable to the buyer is limited to the sole amount of the transaction made by the customer. Use of this site is conditional on acceptance of the terms and conditions.

Interpretation<\/b>

1. For the purposes of these conditions of sale and use (the \u201cConditions\u201d):<\/p>\n

2. Buyer\u201d The individual, firm or company placing an order for the purchase of Products as identified in such order.<\/p>\n

3. \u201cConditions\u201d These general conditions of sale, as they may be modified from time to time by the Seller.<\/p>\n

4. \u201cContract\u201d The contract between the Seller and the Buyer resulting from the transmission by the Buyer of an order for Products from the Seller and the acceptance by the Seller by technological means. This Agreement is deemed to include and be ruled by these Terms.<\/p>\n

5. \u201cSeller\u201d Grader’s Pro Inc.<\/p>\n

6. \u201cProducts\u201d The products which the Seller offers for sale to the Buyer under any Contract.<\/p>\n

7. \u201cForce Majeure\u201d Any unforeseeable and irresistible event beyond the control of the Buyer or the Seller against which the latter cannot protect or protect themselves; which may include but is not limited to any disaster caused by nature, epidemic, pandemic, fire, accident, war (whether declared or not), insurrection, riot, act of terrorism, strike, shutdown or a spontaneous work slowdown, lockout, power or telecommunications failure, including internet, telephone or electricity services, the intervention of military or civilian armed forces, or compliance with any law, a decree of the government or an order of a court or a public authority, or any other event beyond our control.

General information<\/b>

8. By accessing and\/or using the Website, you agree to be bound by the Terms established by the Seller. The Website is intended for use by Seller, its Buyers, potential Buyers and other authorized users determined by Seller. If you do not agree to these terms, please do not use the Website.<\/p>\n

9. These terms supersede any terms that appear in Buyer’s order, or any document incorporated by reference in Buyer’s order. No term or condition of Buyer’s order different from these Conditions shall form part of any Contract except with the express written consent of Seller. Seller’s failure to object to any provision contained in any communication from Buyer shall not be construed as a waiver of these Terms or as an acceptance of such provision.<\/p>\n

10. The Seller reserves the right to revise the Conditions and the contents of the Website at any time without notice, effective when they are posted on the Website or as soon as possible after their publication, as allowed by applicable law. If you continue to use the Website after this publication, you accept these changes.<\/p>\n

11. We refer you to our Privacy Policy <\/a>which also governs your use of the Website.<\/p>\n

12. Subject to the terms of the preceding article, it is prohibited to reproduce, duplicate, copy, sell, resell or exploit any part of the Website without the Seller’s written consent.

Products<\/b>

13. The Products mentioned on the Website may not all be available, and the Seller may modify or discontinue the offer of Products by the Website at any time.<\/p>\n

14. The Website may contain inaccuracies and the information it contains may change periodically. This information is provided “as is” without any warranty. Under no circumstances shall the Seller be held liable for damages of any kind whatsoever resulting from the use or inaccuracy of the information available on or relating to the Website. Check with Seller before relying on any information about Products, goods and services on the Website.<\/p>\n

15. Without limiting the foregoing, all descriptions, illustrations and all other information relating to the Products, goods and services contained on the website and in catalogs, brochures and all sales or other documents are presented by way of general description and are intended to guide the Buyer. They do not constitute warranties or representations of Seller and do not form part of any Contract.

Payment<\/b>

16. The Buyer must pay in full the amount of the order that he places with the Seller.<\/p>\n

17. The information contained on the Website is a proposal made to the Buyer by the Seller. Buyer makes an offer to Seller when placing an order. The Seller has a period of forty-eight (48) hours following receipt of the Buyer’s offer to reject this offer, despite any confirmation email that will be sent to the Buyer.<\/p>\n

18. To the extent that they apply to the Products sold under the Contract, prices do not include taxes, transport costs, insurance and export and\/or import charges or duties, including, but not limited to, sales taxes, value added tax, use taxes or excise duties, customs duties, such taxes and other charges which may, at Seller’s discretion, be added by Seller to the price or charged separately and payable by Buyer, unless Buyer furnishes Seller with any required tax exemption certificate.

Penalty clause<\/b>

19. If the Buyer cancels his order after the acceptance thereof by the Seller, the following conditions shall apply, subject to the Seller’s right to exercise its rights and remedies in order to oblige the Buyer to comply with its obligations:<\/p>\n

20. Credit charged to the account (100% of the amount) for the cancellation of an order of standard products, applicable for future purchases to be completed within a period of 1 year.<\/p>\n

21. No refund for a request to cancel custom products or electronic parts.<\/p>\n

22. For a return of goods (not related to a shipping error on our part), the Buyer must make a written request and obtain an authorization and must assume the transport costs for the return of the parts and accept a return (re-stock) of 20% of the sale price which Buyer hereby agrees to pay, as liquidated damages.

Cancellation<\/b>

23. Without limiting the application of the foregoing, an error in the display of the price or in the characteristics of a Product may be a cause for cancellation of the sale by the Seller.

Delivery and penalty clause<\/b>

24. All delivery dates are approximate and subject to Seller’s order confirmation. The Products may be delivered in one or more shipments. The Seller is in no way responsible for the defect of the Products due to their delivery and is in no way responsible for delays in delivery.<\/p>\n

25. The Seller reserves the right to deliver the Products in batches and to issue a separate invoice for each batch. In the event of delay in the delivery of one or more lots for any reason whatsoever, the Buyer shall not be entitled to consider the whole Contract to be terminated.<\/p>\n

26. If the Products are ready for delivery to the Buyer, but the Buyer has requested a change to the agreed delivery date, the Seller shall be entitled to charge the Buyer reasonable storage costs. These storage costs will be invoiced from the first day after the initial delivery date until the new agreed delivery date. Fees will be charged and payment will be due immediately.<\/p>\n

27. The Buyer must take all necessary means to ensure that the Seller has easy access to the delivery site, in order to allow delivery of the defective Product.<\/p>\n

28. If the Buyer refuses to take delivery of the Product on the agreed delivery date, the Seller may: (1) adjust the calculated selling price according to the price list in force at the time a new delivery date is agreed between the parties, adding transport, customs and other costs, or (2) in the case of standard products only, cancel the sale and request payment of an amount corresponding to 20% of the sale price which the Buyer accepts hereby to pay, as liquidated damages, or (3) in the case of custom-made products, to exercise its rights and remedies in order to oblige the Buyer to respect its obligations.

Retention of title and liability for loss<\/b>

29. If the Buyer has not paid the amount due for the purchase of the Product, the Product remains the property of the Seller. Even though the Buyer is not yet the owner of the Product, he nevertheless remains responsible for its loss, partial or total, from the date of shipment of the latter for delivery purposes, if applicable, and this, even in the event of a Force Majeure.

Responsibility<\/b>

30. The signing of the delivery note for the Products constitutes acceptance and acknowledgment by the Buyer that the Product conforms to that ordered and the Seller cannot be held liable for any loss or damage resulting from an apparent defect in the Product.<\/p>\n

31. To the extent permitted by law, the Seller is not liable for any defect in its Product that it did not know or could not know.<\/p>\n

32. The Buyer assumes all risks that may result from loss, damage or injury caused, to him or to a third party, by his own act, his negligence, misuse of the Product, by the installation of the Product or by a situation of Force Majeure and the Buyer cannot hold the Seller responsible for it.<\/p>\n

33. Without limiting the application of the foregoing, the Seller’s liability for any claim resulting from the use of the Product sold cannot exceed the price of this Product.<\/p>\n

34. Buyer acknowledges that no representations, promises or warranties have been made by Seller other than those contained herein.

Prohibited Uses<\/b>

35. In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a manner that impairs the functionality or operation of the Service or any other associated, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information from, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Others<\/b>

36. If any provision hereof is held invalid or unenforceable, such provision shall, where possible, be construed, limited or, if necessary, severed to eliminate such invalidity or unenforceability; if applicable, all other provisions herein shall survive and continue to bind Buyer and Seller. If necessary, they undertake to agree in good faith on an enforceable replacement provision that reproduces their initial intention as faithfully as possible.

Election of domicile<\/b>

37. The Buyer and the Seller agree, for any claim or legal action for any reason whatsoever relating to the performance of the Contract or the exercise of the rights resulting from the Contract or these Conditions, to choose the judicial district of Quebec, province of Quebec, Canada, as the appropriate place for the filing and hearing of such claims or legal proceedings, to the exclusion of any other judicial district which may have jurisdiction over such litigation as prescribed by law.

Applicable right<\/b>

38. The Buyer and the Seller declare that the Contract and these Conditions shall be interpreted, applied and executed in accordance with the applicable laws of the province of Quebec.<\/p>\n

39. These presents bind the Buyer and the Seller as well as their legal representatives.
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