The following terms govern the sale by Bluewake Technologies Inc. (“BT” or the “Seller”) of its systems and/or related products and/or standard services (hereinafter referred to as “Product”). ), ordered by customers domiciled in Canada and who have not signed a separate formal purchasing agreement with BT. Certain additional terms and conditions may accompany the product and, in this case, apply.
By purchasing online, on the bluewake.com website, products as defined herein, the customer agrees to be bound by these conditions of sale (hereinafter referred to as “terms”) and accepts them. .
BT reserves the right to modify these terms and conditions without notice, at any time and in its sole discretion.
“Customer” means any person who orders products from the BT Online Store for their personal use and not for resale, either online or by telephone, and who has not signed any separate formal purchasing agreement with BT.
“BT Products” means any hardware product, software product or service provided by BT, under the BT trademark, and marketed through the BT Online Store.
“Third Party Products” means hardware, products or software supplied by BT, under the brand of a third party through the BT Online Store.
“Products” means collectively BT Products and third party supplier products sold through the BT Online Store.
Subject to the terms of this section, any price quotation provided by BT is valid for the period stated in the quotation. In the absence of a duration, the proposal is valid for 48 hours.
BT strives to ensure the accuracy of product and pricing information, but errors or typos are always possible. BT can only confirm the price of a product after the customer has placed the order. Notwithstanding any clause in this Article 2, in the event of an error in price or information concerning a product presented on the site, BT reserves the right, at its sole discretion, to refuse or cancel any order for this product. product or part of an order for that product placed with BT or subsequently processed by BT and to terminate the purchase agreement without further liability. In the event of an error in product pricing or product information, BT may, at its sole discretion, contact the customer for instructions, cancel the order and notify the customer of this cancellation, terminate the purchase agreement and/or correct the error on its website.
Payment must be received by BT prior to BT’s acceptance of this order. Payment must be made by credit card or other payment method agreed in advance and acceptable to BT. Where payment is made by credit card, such payment is subject to approval by the financial institution issuing the credit card, and BT cannot be held responsible in any way for the refusal of that financial institution to accept or honor the credit card for any reason.
Where credit terms have been accepted by BT, the customer must pay invoices within thirty (30) days of the date of such invoices or within a longer period agreed in writing between the customer and BT. If BT does not receive payment on the due date, the customer must pay a finance charge of 1.5% for each month or portion of a month that the payment is overdue.
If the Customer has applied for financing and it has been accepted, such financing will be provided by a third party financing service provider and the Customer will then be subject to the terms and conditions of such provider.
Product availability may be limited. Products ordered may not be available for immediate delivery. BT reserves the right, without giving notice and without incurring liability, to modify or cease offering any or all of its products. In the event of a modification or discontinuation of a product, BT may, subject to the customer’s consent, deliver a product of similar functionality and specifications to the product originally ordered. The customer will be authorized to refuse or accept the substitute product, as well as the price of the substitute product, which may differ from that of the product initially ordered. No substitution operation is planned for products acquired as part of the Bargain Fair.
BT will only ship to Canadian destinations. Prices do not include shipping and handling charges, nor applicable federal and provincial taxes. The customer cannot redirect products that have been shipped to them. Separate shipping and handling charges, if applicable, will be shown separately on the invoice. Customer is responsible for paying all taxes (sales, use, goods and services, harmonized and other) related to the order. Unless Customer provides BT, prior to acceptance of the order, with a valid and accurate tax exemption certificate applicable to the location of delivery of the Product, Customer is responsible for sales and other taxes related to the order, however designated, excluding taxes on BT’s net profits. Where applicable, taxes will be shown separately on BT’s invoice.
BT has a policy of continually updating and revising its products. BT may revise and discontinue products at any time. BT will ship products that have the functionality and performance of the products ordered, but the product shipped may differ from that described in a specification sheet or catalog.
Title and risk of loss pass to the customer upon shipment from BT facilities.
BT can deliver the ordered products in installments. Any delivery or dispatch dates provided, if any, by BT are for guidance only and BT shall not be liable for any loss, damage, costs or expenses whatsoever if such delivery dates or shipping conditions are not respected.
You may be able to return your BT product for a replacement or get a refund if you strictly comply with all terms and conditions set out below.
BT may, from time to time and at its sole discretion, exchange products or parts of a product. Any exchange will be made in accordance with BT’s exchange policies in effect on the date of the exchange.
A limited warranty applies to each BT product shipped to the customer. BT reserves the right to change its warranty statement at any time, in its sole discretion. The warranty only comes into force upon receipt by BT of full payment for the BT product which is the subject of the said warranty.
BT MAKES NO WARRANTIES OTHER THAN THOSE SET FORTH IN THE LIMITED WARRANTY STATEMENT. THIS WARRANTY STATEMENT IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THE LIMITED PRODUCT WARRANTY. THE DURATION OF ANY IMPLIED WARRANTIES AND CONDITIONS IMPOSED BY LAW IS LIMITED TO THE PERIOD OF THE RELEVANT WARRANTY.
TO THE EXTENT PROVIDED BY LOCAL LAW, BT’S LIABILITY FOR BT EQUIPMENT WARRANTY CLAIMS IS LIMITED TO THE REPAIR OR REPLACEMENT OF SUCH EQUIPMENT.
Third-party products have different warranties than BT products. Any warranty and technical support provided in relation to a third party product is provided by the manufacturer and not by BT. Warranties and technical support may vary from product to product.
IN THE EVENT OF ANY BREACH OF THE TERMS HEREIN, BT’S SOLE LIABILITY SHALL IN ANY CASE BE LIMITED TO A MAXIMUM AMOUNT WHICH SHALL IN NO EVENT EXCEED THE TOTAL PRICE OF THE PRODUCT ORDERED BY THE CUSTOMER.
BT SHALL IN NO EVENT BE LIABLE TO THE CUSTOMER FOR ANY INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR FINANCIAL LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, EXPENSES, INVESTMENTS, ARRANGEMENTS OR LOSS OF PROFITS), ARISING OUT OF ANY CLAIM OR ACTION, CONSEQUENTIAL OR ACCESSORY, OR RELATED DIRECTLY OR INDIRECTLY, TO THE PURCHASE OF THE PRODUCTS COVERED HEREIN, REGARDLESS OF THE BASIS FOR SUCH CLAIM (CONTRACTUAL MISCONDUCT, STATUTORY VIOLATION, TORT, VIOLATION OF RIGHTS OR OF IMPLIED OBLIGATIONS OR OTHERWISE).
BT WILL NOT BE LIABLE FOR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS IN CASES WHICH, DIRECTLY OR INDIRECTLY, ARE BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, THE FAILURE OF A MACHINE, SYSTEM AUTHORIZATION, DATA PROCESSING, COMMUNICATION OR TRANSMISSION LINK, LABOR CONFLICT OR OTHER EVENT OF FORCE MAJEURE
For the purposes of this Section 12, the term “BT” includes its employees, subcontractors and suppliers.
These terms and conditions will be interpreted in accordance with the laws of the province of Quebec and the laws of Canada applicable in this matter, without regard to the principles of conflict of laws. Without limiting the foregoing, the Customer and BT irrevocably and unconditionally: (a) agree that any suit, action or other legal proceeding arising out of or relating to these Terms, or any transaction thereunder, be brought before the superior court of justice of Quebec, located in Montreal; (b) accept the exclusive jurisdiction of such court in this matter; (c) waive any objection to the entry of any suit, action or proceeding into such court; and (d) waive any right to forum non conveniens in any suit, action or proceeding.
By accepting this agreement, you confirm that you do not reside in (nor have nationality in) any country that is subject to an embargo or economic sanction by Canada or the United States, that you are not on any blacklist bearing the designations Denied Persons List, Entity List of proliferation concern of the United States Department of Commerce or their Canadian equivalent, on the list of delisted persons of the United States Department of State or on the Designated Nationals Exclusion List of the United States Department of the Treasury or any Canadian equivalent, and that you are not directly or indirectly connected with the financing, commission or support of terrorist activities, or the design or the production of nuclear, chemical or biological weapons, or missile technology programs as required by the US Export Administration Regulations (15 CRF 744) and is prohibited from exporting, re-exporting, transferring or downloading to any such entity for hardware, software, technology or services.
Customer agrees and represents that it is purchasing for its own internal use in Canada and not for resale purposes.
