TERMS, CONDITIONS AND GUARANTEES

1. PAYMENT

Unless expressly stipulated on the front, any balance payable under this contract is due at the time of installation of the goods sold.

The deposit given by the consumer to the entrepreneur at the time of signing this contract may be retained by the entrepreneur as liquidated damages, should this contract be terminated for a cause attributable to the consumer. At the time of installation of the goods sold, the consumer agrees that the deposit given to the entrepreneur, instead of being handed over to him, will be retained by the entrepreneur as part payment of any balance due hereunder.

 

2. FORFEITURE OF BENEFIT OF THE TERM

The term stipulated on the face for payment, if any, is an essential condition of this contract and if the consumer fails to fulfill his obligations hereunder or if he becomes insolvent, bankrupt or makes a general assignment of his property. for the benefit of its creditors, or takes or attempts to take advantage of the provisions of any law relating to insolvency or bankruptcy, or if it avails itself of the provisions concerning voluntary deposit provided for in the Code of Civil Procedures of the province of Quebec , or if the goods sold under this contract are seized or confiscated, or if such sold goods deteriorate and become insufficient to adequately secure the installments due, all installments will become immediately due and payable, the consumer forfeiting the benefit of the term and the entrepreneur shall have the right to immediately demand payment of any balance due on the sale price.

If the owner bequeaths or sells the said building before the end of the work in progress, any unpaid balance under this contract becomes immediately payable, unless the buyer or the legatee assumes all the obligations contained in this contract.

 

“MENTION REQUIRED BY THE CONSUMER PROTECTION ACT”

(Contract other than a credit contract which contains a clause of forfeiture of benefit of the term).

Before availing himself of this clause, the entrepreneur (merchant) must send the consumer a written notice and a statement of account.

Within thirty (30) days of receipt by the consumer of the notice and statement of account, the consumer must:

(a)     either remedy the fact that it is in default;

(b)     either present a motion to the court to have the terms of payment provided for in the contract changed;

(c)     or present a petition to the court to obtain permission to return to the entrepreneur (merchant) the goods which are the subject of this contract.

If the consumer delivers the good to the entrepreneur (trader) with the permission of the court, his obligation under this contract is extinguished, and the entrepreneur is not obligated to remit payments received by him. The consumer will benefit from consulting the articles 14, 104 to 110 of the Consumer Protection Act (L.R.Q., c. P-40-1) and, if necessary, consult the Consumer Protection Office.

 

3. CUSTOMER RESPONSIBILITY

In the event of fire, theft or vandalism in the places where the work is to be carried out, before the end of the work provided for in this contract, the consumer will be liable for any damage not attributable to the act of the entrepreneur or his representative, caused to contractor’s materials and tools.

 

4. LIMITATION OF LIABILITY

If he is prevented from performing all or part of his obligations under this contract, due to any strike, lock-out, work slowdown, disaster, cyclone, flood or other causes beyond his or her control. its representative, upon notice to the client, the contractor will be excused from making deliveries and providing labor during the period of this impediment, and this contract may be continued as soon as the cause of impediment is resolved.

 

5. DRAWINGS

If the work is to be performed according to specific drawings, recognized symbols should be used; otherwise, a legend must be written on the drawing (s). The contractor will not be held responsible for any errors or omissions that may appear on drawings other than those he supplies, or those provided by his representatives.

 

6. CONDITION OF PREMISES

The workplace must be free of all obstacles such as wood, slats or any other material harmful to the performance of the work of the contractor or his representative.

 

7. DAMAGE CAUSED BY ANY OTHER TRADE BODY

The contractor is not responsible for damages or delays caused by other trades or by any other party who is not the contractor’s representative.

 

8. ACCESSORIES

If this contract includes the installation of accessories supplied by other than the contractor or its representatives, these accessories and the parts necessary for their installation must be available when requested by the contractor.

 

9. EXTRAS

If additions or withdrawals to the goods sold or to the services provided for in this contract prove necessary during the performance, said additions or withdrawals will be the subject of written authorization from the consumer and this written authorization will be an integral part of this present contract. contract, and will be subject to it.

10. WORKING HOURS

Unless otherwise specified, the work will be performed during regular working hours on each working day. If any work is to be performed outside of regular hours, such work will be billed at an hourly rate specified on the face of this contract and will be subject to written authorization from the consumer and such written authorization will form an integral part of this contract and therein. will be subject.

11. EQUIVALENT PRODUCTS

If for technical or other reasons it is impossible for him to obtain a product from a specific manufacturer in time, the contractor is hereby authorized to substitute said product with another conforming to the description thereof. is made to the contract.

12. SALES TAX

The contractor will be fully reimbursed for all taxes, interest, and penalties he will have to pay under the Quebec Sales Tax Act, and the Canadian Products and Services Act if, after having supplied and installed materials, the said materials were not used in accordance with the provisions of the laws or if for any other reason a sales tax should have been collected from the consumer. Any increase in taxes decreed by the Federal and/or Provincial Government may be subject to adjustment in this contract.

13. PRICE AND SALARY GRADATION CLAUSE

The prices specified for materials and salaries forming part of this contract are those existing on the date of signing of this contract. If the contractor is delayed in carrying out his work for reasons beyond his responsibility, adjustments may be made as to the price of this contract, if there are increases in the cost of materials and/or in the wages, and the consumer agrees that the total costs appearing on the front may be amended accordingly.

Likewise, in the event of any increase in wages decreed by the competent authorities or established by a collective agreement applicable to the entire construction industry and/or to the contractor for the labor used in the execution of this contract, the consumer accepts that the total costs appearing on the front are modified accordingly,

14. ELECTRICITY SUPPLY

The consumer agrees to provide, at his own expense, to the contractor, the necessary and adequate power supply for the performance of the work provided for in this contract.

15. RECONNAISSANCE

The consumer acknowledges that the goods sold conform to the description given herein, as well as in all brochures, advertisements or statements by the entrepreneur relating to these goods.

The consumer acknowledges and agrees that the entrepreneur has signed this contract in duplicate, that he has subsequently handed over the written contract duly completed, and that he has made it possible for him to become acquainted with its terms and scope, before signing it. The consumer acknowledges having received a duplicate of this contract.

16. PLURALITY OF BUYERS

When this contract is signed by more than one consumer, consumers are jointly and severally liable to the entrepreneur for all the obligations set out in this contract.

17. GUARANTEE

The contractor guarantees the services relating to the installation he has carried out under this contract, if applicable for a period of one year. As for the installed good (s), the contractor does not provide any guarantee. Regarding these goods, only the manufacturer is responsible for the warranty offered. In the event that only the goods sold are defective, the labor relating to the execution of the warranty on the goods installed will be payable by the consumer at the hourly rate established by the entrepreneur. The contractor will not assume any transportation or shipping costs incurred for the performance of any warranty on the goods installed.

  • Exclusion: The warranty granted herein shall become null and void if the consumer makes any modifications, alterations, alterations or corrections to the goods sold, or their installations without the written consent of the entrepreneur.
  • Cession: This warranty is non-transferable.
  • Execution of the guarantee: During the period covered by this warranty, and for the purposes of invoking it, the consumer must promptly notify the entrepreneur of any defect in the devices, goods sold and / or the installation of the entrepreneur, and may not have no repairs carried out before the contractor has been able to examine the condition of the assets and the installation.

18. INTEREST

The consumer agrees to pay interest at the compounded monthly rate of 1%, or 12.68% per annum, for any delay of more than thirty (30) days in paying the balance due or any installment due, in accordance with the provisions of this contract.

19. CANCELLATION AND / OR NON-COMPLIANCE WITH THE CONTRACT BY THE CONSUMER

In the event of cancellation or breach of contract by the consumer, the latter must pay the entrepreneur, without further notice or delay, a cancellation fee equivalent to 25% of the total contract price, plus the portion of the contract performed. to date (the degree of completion of the work will be determined by the contractor).

In addition, in the event of cancellation or breach of contract by the consumer, or suspension or stoppage of work by the consumer for a period exceeding thirty (30) days, the accrued interest automatically becomes due, and the consumer is required to pay the contractor the interest accrued on the unpaid amount, under this contract, at the interest rate compounded monthly of 2%, or 26.82% per annum, and this, subject to rights and remedies of the entrepreneur.