Terms & Conditions – Distribution Procam

Complete Terms and Conditions of Sale

1. Definitions

“Seller” means Distribution ProCam Inc./ ProCam Distribution Inc. “Buyer” means the person or legal entity purchasing Goods from Seller. “Goods” means the products offered by Seller and/or purchased by Buyer. “Offer” means any quote, proposal, or offer to sell Goods provided by Seller to Buyer. “Order” means any order, purchase order, or similar instrument made or issued by Buyer to Seller to purchase Goods. Seller and Buyer are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

2. Acceptance

The terms and conditions included in this “Terms and Conditions of Sale” document (hereinafter, this “Agreement”) apply to all Offers made by Seller to Buyer and all Buyer’s Orders accepted by Seller. Acceptance of Buyer’s Orders, and any changes or amendments thereto, is expressly conditioned upon Buyer’s assent to these terms and conditions. Unless specifically agreed to in writing by a duly authorized representative of Seller, Seller objects to, and is not bound by, any terms or conditions that differ from or add to the terms and conditions specified herein. Seller’s failure to object to any terms and conditions or any other provisions contained in any communication from Buyer, including, but not limited to, Buyer’s Orders, does not waive any of the terms and conditions specified herein. Seller’s acceptance of any resulting Order or Buyer’s receipt of Goods, whichever occurs first, will conclusively evidence Buyer’s unconditional acceptance of these terms and conditions.

3. Prices

Unless stated otherwise in writing by Seller, all prices are stated in Canadian dollars The prices offered apply only to the specific quantities, specifications, and delivery schedules set forth in Seller’s Offer. Any variation in quantity, specifications, or delivery schedules may necessitate a price and/or delivery schedule adjustment. Prices are based on exchange rates applicable at time of quotation. Seller reserves the right to revise pricing upon receipt of an Order if exchange rate and prices have fluctuated from applicable rates at time of the quote. All prices are subject to change without notice in the event of any changes in cost of materials or labor, specifications, quantities, delivery schedules, customs duties, other factors beyond Seller’s control, or in the event of delays caused by instructions of the Buyer, or failure of the Buyer to give Seller adequate information. Further, prices payable by the Buyer shall be subject to immediate increase, should the Seller as a result of governmental action or regulation including, without limitation. Additional duties, tariffs or restrictions on products sold hereunder, or on the raw materials that are used in making such products. In no event shall prices include any amounts imposed on the Buyer in connection with Buyer’s purchases from Seller, such as taxes, including but not limited to Value Added Tax (VAT) or excise taxes, duties, tariffs, or any other costs assessed against the Buyer by a governmental authority.

4. Credit Approval

Unless stated otherwise, payment terms for first time orders are subject to credit approval of Buyer by Seller. Payment terms for first time orders may be cash in advance by wire transfer, credit card payments (subject to 2% surcharge) or customer account. Credit terms, shipments, and performance of work are at all times subject to the approval of Seller’s Credit Department. Each shipment is a separate and independent transaction and payment must be made by Buyer accordingly. If, prior to shipment of Buyer’s Order, Buyer fails to fulfill the terms of payment of any prior invoice submitted by Seller or, if in the opinion of Seller, Buyer’s financial condition becomes impaired or unsatisfactory, Seller reserves the right to change, without notice, the terms of payment and/or delay or discontinue further shipments, without prejudice to any other available legal remedies, until past due obligations have been paid and Seller has received acceptable assurance regarding Buyer’s prompt payment of future obligations. All amounts due to Seller but not paid by Buyer on the due date bear interest payable by Buyer to Seller at a rate of two percent (2.0%) per month. Interest accrues on the balance of unpaid amounts as of the date on which portions of those amounts become due until the date payment is received by Seller. Buyer will also be liable to Seller for any expenses incidental to collection of past due amounts, including reasonable attorney’s fees and court costs. In the event of Buyer’s bankruptcy or insolvency, Seller is entitled to terminate any Order then outstanding and to receive reimbursement for termination costs and expenses.

5. Bill and Hold

Please note that when a customer releases an order for fabrication, it becomes the customer’s responsibility to advise us of the desired delivery date. If no date is given, the order will be processed and manufactured as per standard lead times. Once the order is ready for delivery, the customers with accounts must take possession and will be invoiced with standard net 30 days payment terms. All other customers must pay before delivery.

6. Delivery

The Seller will make every effort to deliver the Goods in stock within the term agreed upon and in any event within ten (10) days working days.

The Buyer shall not be entitled to compensation or contract cancellation due to a delay in delivery, unless the delay was caused by the Seller or its supplier, and can be attributed to wilful misconduct or gross negligence. If the delay in delivery exceeds ten (10) days, the Buyer shall be entitled to withdraw from the contract and shall be refunded of the payments already effected, except for $50.00 for administration fees.

To the fullest extent permitted by the applicable law, if the Seller is unable to deliver the ordered Goods through no fault of its own, because the Seller’s supplier does not fulfil its contractual obligations, the Seller shall be entitled to withdraw from the contract vis-à-vis the Buyer, if already entered into. In this case the Buyer will be advised immediately of the unavailability of the Goods. We will then return the sums paid by you within thirty (30) days beginning with the day after the end of the delivery period if we cannot supply the Goods purchased by you because it is not available.

The customer must be present when the product is delivered. In case of absence, the carrier has received instructions to leave the items on site. At no time can Procam or the carrier be held responsible for damage, theft or vandalism following a delivery.

7. Moving, Handling, and Installation

Due to the weight and nature of the material, Seller recommends a two-person lift when moving the items.

When moving and storing glass it is vital that the glass edges never make contact with hard surfaces such as concrete.

The safety of any installation is the responsibility of the installer.

Professional installation and/or supervision is recommended.

Seller recommends the following safety gear when handling glass: Safety Glasses, safety boots, work and gloves.

The preparation of the installation surfaces must be adequate. The surfaces must be level and have been designed with the required anchoring bottoms.

Seller must make sure to comply with their local building codes regarding compliance with applicable building code. Procam is not responsible for code compliance and will not accept any returns in this regard.

8. Measurements

The Buyer is responsible for his measurements and the material he orders. If the Buyer has any questions regarding an order, contact Procam by phone at 1.844.776.2266 or by email at info@procamdistribution.ca

9. Taxes

Taxes applicable to the sale of Goods will be added to the invoice and must be paid by Buyer.

10. Risk of Loss

Risk of loss for Goods will transfer to Buyer upon Seller presenting Goods to carrier.

Buyer must examine all packages for shipping damage and validate their piece count with packing list for Buyer’s model in this manual as a reference.

If Buyer’s package is damaged or parts are missing, please contact Procam Distribution customer support within 3 business days from delivery.

11. Packing and Packaging

Any non-standard or special packing or packaging required by the nature of the order or requested by Buyer will be provided by Seller at additional cost to Buyer.

12. Changes, Orders, and Amendments

All change order requests must be submitted by the Buyer to the Seller in writing and will not be effective unless and until Seller consents in writing to the change(s). Seller will advise Buyer in writing of the price and/or delivery schedule impact, if any, of the change request. Seller’s acceptance of changes will be subject to Buyer’s agreement to any price and/or delivery schedule adjustments.

13. Warranty and Liability

If the Goods are defective, the statutory provisions shall apply.

To the fullest extent permitted by applicable law, the Seller shall not be liable for any indirect, special, consequential, incidental, multiple, punitive or other indirect damages (including, without limitation, damages for loss of income, loss of savings, loss of clientele, loss of opportunity, loss or corruption of or damage to data, lost profits, costs of recovery or any other damages, even where those damages are considered as direct damages), however caused and on any theory of liability, and whether or not for breach of contract, non-contractual fault, warranty for hidden defects or otherwise, and whether or not the Seller or its suppliers or licensors have been advised of the possibility of such damages. To the extent permitted by applicable law, the total cumulative liability of the Seller and its licensors and suppliers arising out of these terms and conditions shall be limited to the sum of the amounts paid and owing to the seller for the relevant product during the relevant agreement term.

Nothing in these terms and conditions will exclude or limit our liability to you for any damaged caused by our willful misconduct or gross negligence, or fraud, death or personal injury caused by our negligence, or for any other liability which may not be excluded or limited under applicable law. These terms and conditions shall also not affect your statutory rights that you have as a consumer.

14. Return Authorizations

For any return, you must contact Seller for a return authorization number. Seller reserves the right to refuse returns. A 30% charge may apply.

15. Arbitration and Law

Disputes that arise under this Agreement or Buyer’s Order that cannot be settled amicably by the Parties will be settled by arbitration in Gatineau, Quebec, Canada under the prevailing rules of the Civil Code of Quebec. Judgment upon the arbitration award or decision may be entered in any court of competent jurisdiction. This Agreement shall be governed by the laws of the Province of Quebec and the federal laws of Quebec applicable therein.

16. Assignment

Buyer may not assign or transfer this Agreement or any Order, in whole or in part, without the prior written approval of Seller.

17. Unenforceable Provisions

The following Articles will survive the termination or expiration of this Agreement or any Order: 1: Definitions; 4: Credit Approval; 8: Taxes; 9: Risk of Loss; 14: Arbitration and Law; 15: Assignment; 16: Unenforceable Provisions; and 17: Survival.

18. Survival

19. Amendment

This document may be amended or modified only by written agreement of duly authorized representatives of both Parties.

Terms and Conditions

These Terms and Conditions (the “Agreement”) govern and apply to the relationship between (a) Distribution ProCam Inc./ ProCam Distribution Inc. (collectively, “we”, “us”, or “our”) and yourself (“you” or “your” “yours”).

Article 1 – Conditions of Use

By accepting this Agreement, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given your consent to allow any dependent minor to use this website (the “Website”).

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the context of the use of the Website, and goods and/or services (if applicable) (collectively, the “Goods and Services”), violate the laws of your jurisdiction (including but not limited to the laws relating to copyright).

You must not transmit worms, viruses, or any other destructive code.

Any violation the Agreement will result in the immediate termination of your right to access the Website and the provision of the Goods and Services.

Article 2 – General Conditions

We reserve the right to refuse access to the Website and the Goods and Services to any person at any time, for any reason.

The headings used in this Agreement are included for your convenience, and will not limit or affect this Agreement.

Article 3 – Accuracy, Completeness and Currency of Information

We are not responsible if the information available on the Website is not accurate, complete or up to date. The content of the Website is provided for informational purposes only and should not be your sole source of information for decision-making without first consulting more accurate, complete and current sources of information. If you decide to trust the content presented on this Website, you do so at your own risk.

This Website may contain some previous information. This previous information, by nature, is not up to date and is provided for information only. We reserve the right to modify the content of this Website at any time, but we have no obligation to update the information on the Website. You agree that it is your responsibility to monitor changes to the Website.

Article 4 – Modifications to the Goods and Services

The prices of the Goods and Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Goods and Services (as well as any part or content of the Goods and Services) without notice and at any time.

We will not be liable to you or any other third party for any price change, suspension or interruption of the Goods and Services.

Article 5 – Goods and Services

Certain Goods and Services may be exclusively available online on the Website. These Goods and Services may be available in limited quantities and may only be subject to returns in accordance with the Complete Terms and Conditions of Sale.

We have done our best to display as clearly as possible the colors and images of the Goods and Services. We cannot guarantee that the color display on your computer screen will be accurate.

We reserve the right, without being obligated to do so, to limit the sales of Goods and Services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods and Services we offer.

Article 6 – Optional Tools

We may provide you with access to third party tools over which we have no control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind and without any approval. We will have no legal liability arising out of or related to the use of these optional third party tools.

If you use the optional tools offered on the Website, you do so at your own risk and at your own discretion, and you should consult the conditions under which these tools are offered by the relevant third party supplier(s).

We may also in the future offer new services and/ or new features on the Website (including new tools and resources). These new features and services will also be subject to this Agreement.

Article 7 – Third Party Links

Certain content on the Website may include elements from third parties.

Links from third parties on the Website may direct you to third party websites that are not affiliated with us. We are under no obligation to review or assess the content or accuracy of these sites, and we do not guarantee or assume any responsibility for any content, website, product, service or other material accessible on or from these third party sites.

We are not responsible for any damages or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third party websites. Please read the third party policies and practices carefully and make sure you understand them before committing to any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be referred to those same third parties.

Article 8 – Comments, Suggestions and Other User Proposals

If, at our request, you submit specific content (for example, to participate in contests), or if without our request, you send creative ideas, suggestions , propositions, plans or other elements, whether online, by e-mail, by mail, or otherwise (collectively, the “Comments”), you grant us the right, at any time, and without restriction, edit, copy, publish, distribute, translate and otherwise use and in any media any comments you send to us. We are not and should not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) respond to comments.

We may, but have no obligation, to monitor, modify or delete content that we believe, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property or this Agreement.

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could in any way affect the operation of the Website or any other associated website or the Goods and Services. You may not use a false e-mail address, pretend to be someone that you are not, or try to mislead us and/ or third parties as to the origin of your comments. You are fully responsible for all comments you post as well as their accuracy. We do not assume any responsibility and decline any engagement as for any comment which you post or which any other third party publishes.

Article 9 – Personal Information

The submission of your personal information to us is governed by our Privacy Policy. Click here to view our Privacy Policy.

Article 10 – Errors, Inaccuracies and Omissions

There may sometimes be information on the Website or in connection with the Goods and Services which may contain typographical errors, inaccuracies or omissions which may relate to Goods and Services, prices, promotions, offers, product shipping costs, delivery times and availability. We reservae the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Website or in connection with the Goods and Services, and this, at any time and without notice (including after you have placed your order).

We are not obliged to update, modify or clarify the information on the Website or in connection with the Goods and Services or on any other associated website, including but not limited to information on prices, unless required by law. No set date for updating or updating the information on the Website or in connection with the Goods and Services or any other associated website should be taken into account to conclude that the information has been modified or updated.

Article 11 – Prohibited Uses

You are prohibited from using the Website or its content: (a) for illegal purposes; (b) to induce third parties to perform or take part in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, mistreat, insult, hurt, defame, slander, disparage, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Goods and Services or any associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extract information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to infringe or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

Article 12 – Exclusion

Procam, our directors, managers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors can in no way be held responsible for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, income, savings, data, replacement costs or any similar damages, whether contractual, tort (even in the event of negligence), of strict liability or other, resulting from your use of the Website or Goods and Services, or as for any other complaint related in any way whatsoever to your use of the the Website or Goods and Services, including but not limited to any error or omission in any content, or to any loss or damage of any kind arising from the use of the Website or Goods and Services or any content (or product) published, transmitted, or otherwise made available through the Website or Goods and Services, even if you have been warned of the possibility of it occurring. Because some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, our liability will be limited to the maximum extent permitted by law.

Article 13 – Imdenity

In the event that a provision of this Agreement is deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the part not applicable must be considered as dissociated from this Agreement, this dissociation must not affect the validity and applicability of all other remaining provisions.

Article 14 – Dissociability

Article 15 – Termination

The obligations and responsibilities incurred by the parties before the termination date will remain in force after the termination of this agreement and for all purposes.

If we judge, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of this Agreement, we may also terminate this Agreement at any time without notifying you in advance and you will remain responsible for all amounts due up to the termination date (which is included), and / or we may deny you access to the Website and Goods and Services (or any part thereof) ).

Article 16 – Applicable Law

Disputes that arise under this Agreement that cannot be settled amicably by the Parties will be settled by arbitration in Gatineau, Quebec, Canada under the prevailing rules of the Civil Code of Quebec. Judgment upon the arbitration award or decision may be entered in any court of competent jurisdiction. This Agreement shall be governed by the laws of the Province of Quebec and the federal laws of Quebec applicable therein.

Article 17 – Modifications to the Agreement

You can consult the most recent version of the Agreement at any time on this page.

We reserve the right, in our sole discretion, to update, modify or replace any part of these Agreement by posting updates and changes to the Website. It is your responsibility to visit the Website regularly to check if any changes have been made. Your continued use of or access to the Website after the publication of any modification to the Agreement constitutes acceptance of these modifications.

Article 18 – Contact Information

Questions regarding the Agreement should be sent to us at info@procamdistribution.ca or made by telephone to 1.844.776.2266

Villa Pergolas promotion