M&A IT Tech Inc

Terms & Conditions

For the purposes of these Conditions, the following definitions apply:

• Business Days: Weekdays (Monday to Friday), excluding Saturdays, Sundays, and public holidays when banks in Canada are open.
• Calendar Days: Every day of the year, including weekends and public holidays.
• Conditions: The terms and conditions set forth in this agreement.
• Contract: The mutually agreed terms between M&A IT Tech Inc. and the Customer for the sale and purchase of IT hardware and software, as detailed in these Conditions.
• Customer: The individual, business, or organization purchasing Goods 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.
• Quotation Validity: Quotations are valid for 24-72 hours from issuance, unless otherwise agreed or withdrawn prior to acceptance.
• Order Confirmation: M&A IT Tech Inc. reserves the right to accept or refuse any Order at its discretion. An Order is considered accepted only upon explicit written or verbal confirmation. The Contract becomes effective upon acceptance.
• Complete Agreement: The Contract supersedes all prior negotiations and agreements. The Customer acknowledges they have not relied on any statements not explicitly included in the Contract.
• Illustrative Materials: Samples, drawings, and advertising materials including brochures and catalogues are for illustrative purposes only and do not form part of the Contract.
• Quotation Nature: Quotations are indicative and not binding.
• 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. may perform payment verification checks.

3: Goods

• Description: Goods are described in the M&A IT Tech Inc. Catalogue and are subject to modifications as per the Specification.
• Indemnity: The Customer indemnifies M&A IT Tech Inc. against all liabilities related to third-party intellectual property claims arising from Customer-provided Specifications (including indirect, consequential, and reputational losses, plus legal fees and penalties). This indemnification survives the Contract’s termination.
• Specification Amendments: M&A IT Tech Inc. may amend Goods Specifications to comply with revised statutory or regulatory requirements.

4: Order Specifications

• Delivery Location: Goods will be delivered to the location specified in the Order or an agreed alternative. Delivery is deemed complete upon arrival at the Delivery Location.
• 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.
• Failure to Deliver: If M&A IT Tech Inc. fails to deliver due to its own fault, liability is capped at the cost of procuring similar replacement Goods. M&A IT Tech Inc. is not liable for delays caused by Force Majeure Events or the Customer’s failure to provide clear instructions.
• 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.
• Unaccepted Delivery: If the Customer fails to accept delivery within ten Business Days, M&A IT Tech Inc. may resell or dispose of the Goods. The Customer will be refunded or invoiced for any difference after deducting reasonable costs.
• Installments: M&A IT Tech Inc. may deliver Goods in multiple installments, each treated as a separate contract. Delays or defects in one installment do not affect other installments.
• Variations: Minor variations in Goods are acceptable. M&A IT Tech Inc. will replace affected Goods at its expense. The Customer may reject replacements and cancel the affected Order portion, receiving a refund.
• Rejection Limits: The Customer cannot reject the entire shipment for partial defects unless the Order is a single item. The Customer cannot retain both affected and unaffected Goods or withhold payment for Goods as a means of seeking compensation for consequential loss, nor may they withhold payment for any part of the Goods as a remedy. This provision does not prejudice the Customer’s Legal rights.