Hereinafter, Seller refers to Vic-Tek and its authorized representatives, and Buyer refers to the client and its representatives or employees.
1. Execution of the Sales Contract
If all the clauses of the contract have been respected and the Buyer refuses or neglects to take possession of the goods within the specified time frame, the Seller may demand either the fulfillment of the obligation or the cancellation of the sale. In the latter case, the Buyer agrees to pay the Seller, as liquidated damages (plus taxes), a sum equal to 10% of the sale price of the goods. The Buyer also agrees to pay the Seller for all actual damages incurred (including loss of profit, representative commission, and programming fees), all subject to applicable taxes.
If the Seller is unable to deliver the goods due to force majeure, transportation issues, fire, labor disputes, or any other event beyond the Seller's control, the sale will be cancelled, and the Seller will refund the Buyer’s deposit. This refund constitutes full and final release from any claim the Buyer may have or claim to have against the Seller regarding this matter.
2. Retention of Ownership
The Buyer agrees that the Seller retains ownership of the goods sold and that the transfer of ownership will not occur at the signing of this agreement but only when all obligations under this contract have been fully paid.
As required by the Consumer Protection Act for a contract other than a credit agreement containing a retention of ownership clause, if the consumer fails to meet their obligations under this contract, the merchant may:
Demand immediate payment of the overdue installments.
Repossess the goods. In such cases, the merchant must provide the consumer with written notice of thirty (30) days, during which the consumer may choose to:
Remedy the default; or
Return the goods to the merchant.
If the consumer returns the goods, their obligations under this contract are extinguished, and the merchant is not required to return the payments already made. If the consumer has paid at least half of the total obligation and the down payment before defaulting, the merchant cannot repossess the goods without first obtaining permission from the court. The consumer is advised to consult section 15, subsections a and c of section 138, and sections 139 to 142 of the Consumer Protection Act (C.P.A.) and, if necessary, contact the Consumer Protection Office.
3. Warranty of Goods
The goods are warranted from the date of delivery. The Seller's liability is limited to repairing or replacing defective parts, provided the defect or damage does not result from misuse by the Buyer.
Warranty Period:
New goods: 1 year.
Used goods: 3 months.
4. Delivery and Payment of Goods Sold
The Buyer agrees to take delivery of the goods described in the estimate or invoice presented to them. The Buyer agrees to pay for the goods sold according to the terms and conditions specified, including any deposit required at the time of delivery. Otherwise, the Seller may refuse to deliver the goods.
The Buyer agrees to pay the Seller monthly interest at the rate of 2% (24% annually) on any outstanding amounts.
The Buyer agrees to pay all judicial and extrajudicial fees incurred by the Seller for recovering sums owed and any legal recourse necessary to enforce the Seller's rights.
The Buyer will be deemed in default under this contract without formal notice, and applicable interest will automatically accrue without the Seller needing to issue a demand.
5. Installation
Installation of the goods will take place Monday through Friday between 8:00 a.m. and 5:00 p.m. EST
6. Invalid Clauses
If any provision of this contract violates the laws of Quebec or Canada, that provision will be deemed unwritten without affecting the validity of the other provisions.
7. Training
Training will be provided Monday through Friday between 8:00 a.m. and 5:00 p.m. EST, except on the day of installation, when assistance may be extended until 10:00 p.m. Assistance provided outside these hours may incur additional charges.
8. Support and Services
The Seller will provide support and services for the goods and software sold during regular business hours, Monday through Friday, 8:00 a.m. to 4:30 p.m. EST. An on-call service is available on weekends from 8:00 a.m. to 4:30 p.m. EST for emergencies.
9. Guarantor
When this contract is signed by a guarantor, the guarantor is jointly and severally liable to the Seller for all obligations of the Buyer. The guarantor waives any benefit of division or discussion and acknowledges having received a copy of this contract.
10. Acknowledgment
The Buyer acknowledges and agrees that the Seller has signed this contract in duplicate and subsequently provided the Buyer with a duly completed copy. The Buyer also acknowledges being given the opportunity to read and understand its terms before signing. By signing, the Buyer affirms satisfaction with all its provisions.
11. Entire Agreement
This contract constitutes the entire agreement between the parties, and no other commitments, representations, agreements, guarantees, or conditions related to the sale of the goods exist outside this contract.
12. Use of Goods Sold
The Buyer acknowledges responsibility for the integrity of their data and agrees to maintain available backups of their hard drives or other storage. The Buyer is responsible for verifying the accuracy of settings, taxes, departments, PLUs, and other operational parameters.
The Buyer releases the Seller from any claims, lawsuits, or liability arising from improper system modifications made by the Buyer or third parties.
13. Disclaimer
The Seller does not guarantee uninterrupted performance of the goods sold. The Seller is not liable for losses due to delivery delays, defects, or damages caused by incorrect use, force majeure, or modifications made by unauthorized parties.
14. Non-Transferability
This contract is non-transferable by the Buyer.
15. Credit Authorization
The Buyer authorizes the Seller to perform credit checks and share financial information with third parties as required.
16. Governing Laws
This contract is governed by the laws of Quebec and subject to the jurisdiction of Montreal courts.
17. Personal Guarantee
If the Buyer is a corporation or association, a personal guarantor agrees to be jointly liable for all obligations.