A-PLUS SYSTEMS CANADA LTD


Conditions of Use

SALES TERMS AND CONDITIONS

The following terms and conditions (collectively the “Terms and Conditions”) govern the sale of all products by A-PLUS SYSTEMS Canada Ltd (A-PLUS SYSTEMS, also “Seller”) to its customers (also “Purchaser”). Such Terms and Conditions supersede the terms and conditions on any purchase order submitted to A-PLUS SYSTEMS on a different or modified form. Purchaser's acceptance of these terms and conditions shall be made by either (i) Purchaser providing a purchase order number to A-PLUS SYSTEMS or (ii) Purchaser’s acceptance of any Product from A-PLUS SYSTEMS, whichever occurs first.

Price, Specifications and Availability
Unless otherwise specified, all prices do not include any applicable sales taxes, freight and/or insurance charges. Prices are subject to change without prior notice and will be established at time of order acceptance by A-PLUS SYSTEMS. Order acceptance and sale by A-PLUS SYSTEMS occurs at time of shipment. All products are subject to availability. Prices for backordered Products are not guaranteed. A-PLUS SYSTEMS is not responsible for any errors or omissions.

Payment
All sales are to be paid by Visa, MasterCard or American Express credit cards at the time of order. A-PLUS SYSTEMS does not ship on a COD basis.

A-PLUS SYSTEMS may elect to extend credit terms at its sole discretion. It being understood that A-PLUS SYSTEMS shall have the right to decline to extend credit to the Purchaser and to require that all applicable purchase prices be paid prior to shipment. A-PLUS SYSTEMS shall have the sole right, in addition to any and all other rights and remedies available to A-PLUS SYSTEMS at law or in equality, from time to time, without notice, to immediately revoke any or all credit extended, to delay or cancel future deliveries, to accelerate the payment of all outstanding invoice amounts. Purchaser shall pay all costs of collection including reasonable attorneys’ fees.

A service charge of the lesser of two percent (2%) per month or twenty-six point eighty–two percent (26.82%) per annum, or the maximum amount allowed by law will be charged on all past due invoice amounts commencing on the date of payment is due. In the event that any action or suit is instituted to collect amount due on our accounts, Purchaser agrees to pay all legal and collection fees in addition to the amount owed plus interest charges.

Billing and Shipping Discrepancies
Billing and shipping discrepancies are for Products purchased from A-PLUS SYSTEMS that were invoiced or shipped incorrectly. These include lost shipments, short shipments, wrong sales, wrong shipments and pricing/invoice errors. Purchaser may request an RMA or credit memo, as applicable, for verified billing and shipping discrepancies within ten (10) calendar days of invoice date. In addition, Purchaser must notify A-PLUS SYSTEMS of any billing discrepancies related to Purchaser’s authorized returns within thirty (30) calendar days of RMA date. Such notice shall be reasonably detailed and shall specify the discrepancy. Failure to give such notice within the time specified herein shall be deemed a waiver of Purchaser’s rights to claim such discrepancy.

Warranty
Product warranties, if any, are provided by the manufacturer or publisher of the Products. A-PLUS SYSTEMS makes no warranties, either express, implied or statutory, including but not limited to, the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, whatsoever. All information is provided to purchaser “as is”. Purchaser understands and acknowledges that products sold by A-PLUS SYSTEMS are not to be used for aviation, medical, lifesaving, life-sustaining or nuclear applications.

Any wear and tear to packaging boxes during transit will not qualify for replacement or credit. If the products are physically damaged during shipping, it is the customers' responsibility to call the courier for an inspection immediately. Please inform A-PLUS SYSTEMS Accounting department within 48 hours; this will avoid any unnecessary delays. If this procedure and time frame cannot be complied, the warranty of such products may be voided.

Unless otherwise specified, all products are sold with a one year parts & labour warranty against defects in material and workmanship. This warranty does not cover defects caused by misuse or physical damages via shipping or by the customer. There is no implied warranty that the products will fit any particular purpose. A-PLUS SYSTEMS will not, whether expressed or implied, be liable for any damages resulting from the use of our products. This will supersede whatever warranty mentioned or indicated on the invoices as above. All warranty returns are subject to the RMA return policy as below.

Errors, Misprints and Omissions on our Site
A-PLUS SYSTEMS endeavors to provide current and accurate information on our website. Nevertheless, errors and misprints may occur. Accordingly, A-PLUS SYSTEMS reserves the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where otherwise displayed erroneous or inaccurate information. A-PLUS SYSTEMS reserves this right at any stage of the order processing, including after an order has been submitted and whether or not the order has been confirmed. A-PLUS SYSTEMS is not obligated to sell products or services based on errors or misprints on our website.

RMA Return Policy
Prior to shipping products back to A-PLUS SYSTEMS, a Return Merchandise Authorization (RMA) number must be obtained from our Service/Technical Department. In order to process your RMA return promptly, the products must be returned prepaid to our warehouse with the following:
1. A copy of the original invoice or packing slip showing the serial number.
2. A brief note describing the problem and defective symptoms.
3. All manuals, accessories and original packaging.
4. RMA number on a clearly visible removable sticker on the outside of the box. Box must be clean and free of marks.
All collect shipments will be refused. A-PLUS SYSTEMS will only cover the shipping charges for preapproved return products where the courier pickup is arranged by A-PLUS SYSTEMS. Improper packaging, physical damage, or alteration of serial numbers will void all warranties. All goods returned for warranty that are found to be non-defective (or damaged as a result of misuse including static discharge) will be shipped back to the customer collect. A service fee of $30.00 per item may be applied.

Dead On Arrival (DOA)
DOA returns are subject to the RMA return policy outlined in this document.

Returns for Credit
No items will be accepted as returns for credit without prior approval from A-PLUS SYSTEMS.

Products returned for credit due to any errors of A-PLUS SYSTEMS must be reported within 5 days of receipt. The products must be returned and received at A-PLUS SYSTEMS within 7 days from the date of the respective RMA number is issued by A-PLUS SYSTEMS.

Credit will only be issued to DOA products returned within the DOA period and pre-approved by A-PLUS SYSTEMS. Some products are not eligible for DOA credit but replacement or repair only. Merchandise will be accepted for credit only if returned in "as-new" resalable condition, including original packing and all manuals and accessories. A minimum 20% service charge or $50.00 restocking charge may apply to products returned. If the products are verified as "no fault found" the products will be shipped back to the customer at the customers' expense. All returns for credit are to be applied on future purchases. No refund cheques will be issued. All credit will be issued at the lesser of price paid or current selling price.

Relationship of the Parties
Purchaser’s relationship with A-PLUS SYSTEMS will be that of an independent contractor. Purchaser will not have, and will not represent that it has, any power, right or authority to bind A-PLUS SYSTEMS, or to assume or create any obligation or responsibility, express, implied or by appearances, on behalf of A-PLUS SYSTEMS or in A-PLUS SYSTEMS’s name, except as herein expressly provided. Nothing stated in these terms and conditions will be construed as constituting Purchaser and A-PLUS SYSTEMS as partners or as creating the relationships of employer/employee, franchisor/franchisee, or principal/agent between the parties. Purchaser will make no warranty, guarantee or representation, whether written or oral, on A-PLUS SYSTEMS’s behalf.

Choice of Law
These terms and conditions (and any agreement into which they are incorporated) shall be construed, interpreted and enforced under and in accordance with the internal laws of the Province of Quebec, excluding its conflicts or choice of law rule or principles which might refer to the law of another jurisdiction. Purchaser agrees to exercise any right or remedy in connection with these terms and conditions exclusively in, and hereby submits to the jurisdiction of the courts located in the Province of Quebec, Canada.

 

Back
Copyright © 2018 A-PLUS SYSTEMS CANADA LTD. Powered by Zen Cart