M&A IT TECH INC Terms & Conditions
For the purpose of these conditions, the following definitions apply:
Business Days: Weekdays (Monday – Friday), except public holidays and Saturdays and Sundays, the days on which Canadian banks are open.
Calendar Days: All 365 days of the year, which includes public holidays and weekends.
Terms & Conditions: The terms and conditions specified in this agreement.
Contract: The terms, as specified in these conditions, that M&A IT Tech Inc. and the Customer have mutually agreed upon for the offer to sell and purchase of IT hardware and software.
Customer: The person, organization, or group that buys products from M&A IT Tech Inc.
Goods: IT hardware and software available for purchase on the Website.
Order: The Customer’s online request to purchase Goods, submitted through the Website’s ordering system.
Specification: The agreed-upon technical details and requirements for the Goods, including any related plans, drawings, and diagrams, as confirmed by both parties.
1) Construction
Entities: A person refers to any individual, corporation, or organized entity, regardless of its legal identity.
References: A reference to a party includes its heirs, successors, assigns, and any other legal representatives.
Statutory Provisions: A reference to a statute or statutory provision means the applicable law or regulation in Canada, including any amendments or re-enactments.
Inclusive Terms: Terms like ‘including’ or ‘in particular’ provide examples and do not limit the scope of the preceding terms.
Written Communication: ‘Writing’ includes email, fax, and traditional correspondence.
2) Basis Of Contract
Entire Agreement: These Conditions constitute the complete agreement and supersede all prior terms, conditions, or proposals. They exclude any terms implied by law or trade practices.
Order Acceptance: The Customer’s Order is an offer to purchase Goods, subject to these Conditions. It is the Customer’s responsibility to ensure the accuracy of the Order details, including delivery address and Specifications.
Eligibility of Quotations: Unless specified or withdrawn before acceptance, quotations are valid for a time frame of 24 to 72 hours after they are provided.
Order Confirmation: M&A IT Tech Inc. has the legal right to accept or reject any Purchase at its discretion, Only when an order is explicitly confirmed in writing or verbally is it considered accepted. The moment of acceptance signifies the start of the Agreement.
Whole Agreement: This agreement replaces all previous discussions and understandings. The Client agrees that they have not relied upon statements that aren’t specifically included in the Agreement.
Illustrative Material: Samples, drawings, and marketing resources, such as brochures and catalogs, are given out for illustrative purpose only and are not included in the contract.
Quotation Type: Quotations are not legally binding; they are just suggestive.
Cancellation Rights: M&A IT Tech Inc. may cancel Orders from commercial Customers at its discretion, except for Orders shipped on the same day. Consumer Customers have cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000.
Payment Verification: By using a credit card or other payment methods, the Customer confirms they are the legitimate cardholder or have authorization and that their account has sufficient funds. M&A IT Tech Inc. have the right to perform payment verification checks.
3) Goods
Description: Products that are described in the M&A IT Tech Inc. Catalogue is subject to modifications as per the Specification.
Indemnity: By providing Customer-provided Specifications, the Customer releases M&A IT Tech Inc. from any responsibilities relating to third-party intellectual property claims (including consequential, indirect, and reputational losses, as well as legal expenses and fines). This indemnification survives the Contract’s termination.
Updates to Specifications: To meet updated legal or regulatory demands, M&A IT Tech Inc. may make changes to the Products Specifications.
4) Order Specifications
A. Delivery Location: Goods will be delivered to the location specified in the Order or an agreed alternative. When the delivery arrives at the specified delivery location, it is marked as complete.
B. Delivery Dates: Delivery dates are estimates and not binding. M&A IT Tech Inc. is not liable for delays or incomplete deliveries caused by unforeseen circumstances or Customer’s failure to provide necessary information.
C. Failed Shipment: If M&A IT Tech Inc. fails to deliver because of their own mistake, our responsibility is limited only to the cost of buying similar replacement products. M&A IT Tech Inc. is not responsible for delays caused by catastrophic events or the Customer’s failure to provide clear instructions.
D. Failure to Accept Delivery: If the Customer fails to accept delivery within three Business Days, M&A IT Tech Inc. will be deemed to have completed delivery. M&A IT Tech Inc. may store the Goods at the Customer’s expense and may reorganize delivery at the Customer’s cost.
E. Unaccepted Delivery: If the Customer doesn’t accept delivery within ten business days, M&A IT Tech Inc. can either resell or get rid of the product. The Customer will be refunded or might be charged for the difference after reasonable costs are taken out.
I. Installments: M&A IT Tech Inc. may ship products in separate batches, with each batch treated as its own contract. Any delays or issues with one batch won’t affect the others.
J. Variations: Small changes to the products are allowed. M&A IT Tech Inc. can make minor adjustments to the goods. M&A IT Tech Inc. will pay for the replacement of the damaged goods. The customer has the option to refuse replacements and cancel the relevant order section to get a refund.
H. Rejection Limits: The Customer cannot reject the entire shipment for partial defects unless the Order is a single item. The Customer isn’t allowed to keep both the faulty and working goods or hold off on paying as a way to get compensation for any future issues. They also can’t withhold payment for any part of the order as a solution. Nothing in this clause affects the customer’s legal rights.