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General Terms and Conditions
Témoignages
Nadine BergeronVille de Montréal
Toujours très satisfaite du service offert par vos équipes, après plus de 10 ans de collaboration, aucune note négative de ma part que du positif.
Gene Cernan
When you head on out to the Moon, in very short order, and you get a chance to look back at the Earth, that horizon slowly curves around in upon himself, and all of sudden you're looking at something that is very strange, but yet is very, very familiar, because you're beginning to see the Earth evolve.
These terms and conditions govern the use of this site www.multipsi.com as well as any services to be rendered and any sale of products by Multi PSI Inc (hereinafter "Multi PSI"). By using this site and/or Multi PSI's services, you confirm that you have read and understood these terms and conditions and agree to abide by them at all times.
PREAMBLE
Multi PSI provides a multitude of products and services such as the sale of high pressure cleaning equipment, hose reels, maintenance equipment, cleaning products, hoses, lances, guns and nozzles as well as maintenance, inspection, servicing, parts replacement, custom washroom set-up and many other services (hereinafter, the "Services").
All products and Services are subject to these terms and conditions. In the event of any inconsistency, these Terms shall prevail.
Right to modify services. We reserve the right to implement new features as part of the Services, including changes that may affect the way the Services previously operated.
Right to terminate or refuse the Service. Because Multi PSI is committed to the well-being, safety and mental health of its employees, we reserve the right to refuse service at any time and for any reason.
PART A
PRODUCT SALES TERMS AND CONDITIONS,
TERMS OF PAYMENT AND DELIVERY
PRICE AND TAXES
All prices for our products are quoted and payable in Canadian dollars. Products are always invoiced on the basis of the prices in effect at the time the transaction is submitted.
Applicable taxes will be added to the displayed price before you complete your purchase. Multi PSI calculates taxes based on the taxes of the province or territory where the order will be shipped. Taxes may therefore vary from one province or territory to another.
Prices of our products are subject to change without notice. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of service.
The customer is responsible for the payment of all taxes, duties, fees and other assessments of any kind, including goods and services taxes (including delivery taxes, if applicable), payable or collectible, directly or indirectly, by any municipal, provincial or federal authority, with respect to the purchase, sale or transportation of the product(s) purchased hereunder.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per company or per order. Such restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the e-mail address and/or billing address or telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our opinion, appear to have been placed by resellers or distributors.
TERMS OF PAYMENT AND INVOICING
Invoicing for products and services. Unless otherwise specified in the service offer or invoice, products will be invoiced in full and payable upon receipt of invoice.
Deposit. A deposit may be required at Multi PSI's discretion.
Order cancellation. A Customer may not cancel an order once it has received Multi PSI's confirmation e-mail.
Types of payment accepted. We accept the following methods of payment: bank card, Interac, credit card or cheque.
ENVIRONMENTAL MANAGEMENT AND HANDLING COSTS
Please note that some items sold may be subject to environmental management fees charged by your provincial government. Environmental management fees are used to fund provincial recycling and disposal programs.
The amount of the environmental management fee depends on the applicable provincial rate. The exact amount of the environmental fee will be clearly displayed during the logout process.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made from our Store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
AVAILABILITY OF PRODUCTS AND SERVICES
Products and services are displayed on this Site for sale in Canada and may not be available for sale in your particular locality or country. Any mention of such products and services on the Site does not imply or warrant that such products or services will be available at any time in your location.
RETENTION OF TITLE
Multi PSI retains ownership of the goods and products until they have been paid for in full.
TRANSPORT AND DELIVERY
Freight and labour. Products purchased on the Site or from the company's head office are delivered only within Canada. The customer is fully responsible for all costs associated with the transportation of equipment and labor related to products or services provided by Multi PSI. These costs include, but are not limited to, the cost of delivering the equipment to the designated service location, as well as labor costs associated with work performed by Multi PSI technicians.
Applicable delivery costs, if any, will be disclosed to the customer prior to the closing of the transaction and prior to the customer's final acceptance and indicated at the time of the closing of the transaction.
The delivery methods offered and their rates are mentioned at the time of the Customer's order.
Unless otherwise indicated, Multi PSI undertakes to deliver the order within a maximum of 30 days from receipt of full payment for the order.
In the event of failure to meet this deadline, the Customer will be informed. Multi PSI can in no way be held responsible for delays in delivery.
Delivery is deemed to have taken place as soon as the Product has been handed over to the Customer.
The risk of loss or damage to the Product is transferred to the Customer as soon as the Product is handed over to the carrier. It is the Customer's responsibility to check the condition of the Product upon receipt and, in the event of transport damage, to notify Multi PSI as soon as possible.
The delivery date is for information purposes only and cannot be considered as a strict deadline. Once the transaction has been completed, Multi PSI will contact the customer to discuss the details of the order and delivery.
An authorized person of the Customer must be present at the time of delivery.
If the delivery initially paid for is not made on the date and at the time previously confirmed by the customer, due to the customer's absence from the planned delivery location, the customer will be charged an additional fee for all subsequent deliveries, whether made online or in-store. The cost of the first delivery (if applicable) will not be refunded.
PART B
INSTALLATION PROJECTS
MULTI PSI INSTALLATION
Non-responsibility for breakage during installation. Multi PSI disclaims all liability for breakage occurring during the installation of new equipment. This disclaimer applies to both existing and new equipment installed by Multi PSI.
Customer's obligation. The Customer undertakes to provide full and secure access to the Equipment to enable the Services to be performed. The Customer shall also notify Multi PSI of any failure or problem detected between maintenance visits.
PART C
MAINTENANCE SERVICE, ROADSIDE REPAIR
AND WORKSHOP REPAIR
PREVENTIVE MAINTENANCE AND SERVICING
10.1. Maintenance agreement. In order to increase the availability of your equipment, Multi PSI offers you a maintenance agreement based on the principle that "prevention is better than cure".
10.2. Annual visits. The maintenance agreement can be for 2, 4 or 12 annual visits scheduled by Multi PSI.
10.3 Contract duration. If you subscribe to such a service, you hereby authorize Multi PSI to render maintenance service on the equipment for a period of one (1) year from the date you sign the first invoice for preventive maintenance.
10.4. Renewal. The maintenance service will be renewed automatically for a consecutive period of one (1) year unless written notice is received 30 days prior to the expiration of the renewal period of the agreement by either party.
ROAD REPAIRS
11.1. In the event of equipment failure or problems outside the scope of a maintenance contract, the customer may call upon the services of Multi PSI;
11.2. Charges. For all repairs carried out by Multi PSI, the Customer will be invoiced for a minimum of one hour's work, regardless of the time actually spent on the specific repair.This minimum hour will be invoiced as soon as our technical personnel begin their work.
11.3 Travel expenses. Multi PSI reserves the right to charge travel expenses for repairs carried out.Travel costs will be determined by Multi PSI. The Customer agrees to pay such charges in accordance with the payment terms agreed between the parties.
11.4. Refusal to carry out repairs. The Multi PSI team undertakes to do its best to repair the equipment. However, on site following the evaluation of the equipment, if Multi PSI finds, among other things, that the equipment has not been used according to instructions or that the Customer has dismantled the equipment, or that there is a risk to the safety of employees, it may refuse to proceed with the repair.
11.5. No guarantee of maintenance service. The repair performed is intended to solve the specific problems reported at the time of the service request. The on-demand repair services provided by Multi PSI do not confirm the ongoing maintenance of the Customer's equipment. Multi PSI is not obliged to assume responsibility for general or preventive maintenance of the equipment once the repair has been carried out, unless the Customer has expressly subscribed to Multi PSI's maintenance services.
11.6 Cessation of repairs at the Customer's request. At the Customer's request, Multi PSI may cease performing repairs on the specified equipment at any time.In such event, Multi PSI shall not be liable for any consequences resulting from the cessation of repairs, including any damage, loss, or impact on the operation of the equipment.
11.7 No warranty on repairs. Repairs performed by Multi PSI are provided "as is" and without warranty of any kind, either expressed or implied. Multi PSI assumes no responsibility for the quality, durability, or performance of repairs performed on specified equipment.
WORKSHOP REPAIRS
The Customer is responsible for bringing the equipment requiring repair to Multi PSI's service location unless it is agreed that Multi PSI will pick up the equipment.
If Multi PSI's team travels to pick up the Customer's equipment, it will be at the Customer's expense. The Customer shall ensure the safe transportation of the equipment and bear all costs associated with its transportation to the repair shop.
Charges. For all repairs carried out by Multi PSI, the Customer will be invoiced for a minimum of one hour's work, irrespective of the time actually spent on the specific repair. This minimum hour will be invoiced as soon as the intervention of our technical staff begins.
Testing and notification of defects. Following completion of repairs by Multi PSI, the Customer is responsible for carrying out exhaustive tests on the repaired equipment to ensure that it is functioning properly. Any problems or defects found during testing must be reported to Multi PSI within 7 days of the repair work completion date.
Refusal to carry out repairs. The Multi PSI team undertakes to do its best to repair the equipment. However, on site following the evaluation of the equipment, if Multi PSI finds, among other things, that the equipment has not been used according to instructions or that the Customer has dismantled the equipment, or that there is a risk to the safety of employees, it may refuse to proceed with the repair.
Cessation of Repairs at Customer's Request. At the Customer's request, Multi PSI may cease performing repairs on the specified equipment at any time. In such a case, Multi PSI shall in no event be liable for any consequences resulting from the cessation of repairs, including any damage, loss, or impact on the operation of the equipment.
No warranty on repairs. Repairs performed by Multi PSI are provided "as is" and without warranty of any kind, either express or implied. Multi PSI assumes no responsibility for the quality, durability, or performance of repairs performed on specified equipment.
PART D
WARRANTIES AND LIMITATION OF LIABILITY
GUARANTEES
Multi PSI warrants that the products and service will conform to the specifications, or any other description provided or specified by the manufacturer.
Manufacturer's Warranty. Multi PSI's products are covered by the manufacturer's warranty. This does not cover normal wear and tear, such as tears, scratches, damage caused by impact or accident, misuse of the product, misuse by users, lack of water or damage caused by freezing.
Multi PSI undertakes to respect and apply the terms of the manufacturer's warranty relating to the products. For repairs performed by Multi PSI, the manufacturer's warranty will apply to the specific parts and components covered by said warranty.
Products that have been improperly stored, assembled or installed, improperly used, overused, misused, modified or cleaned using unsuitable methods and/or products are not covered by this warranty.
This warranty does not apply to products which have been placed outdoors or exposed to extreme conditions. It does not cover indirect or consequential damages. The original receipt is required for all claims.
There are no contractual warranties or representations of any kind, expressed or implied, with the exception of the manufacturer's warranty.
When purchasing a product, it is possible to subscribe to an additional protection plan. To obtain this plan and for further information, please contact the Multi PSI sales department.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
In no event shall Multi PSI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers or service providers be liable for any injury, loss, claim, or damage whatsoever, including but not limited to loss of profits, revenue, data, replacement costs or other similar damages, resulting in any way from the web site or any services or products provided by Multi PSI, even if you have been advised of the possibility thereof. This disclaimer is an essential part of this agreement.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law to the cost of services rendered by Multi PSI.
INDEMNITÉ INDEMNITY
You agree to indemnify, defend and hold Multi PSI, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any laws or rights of a third-party.
ERRORS, INACCURACIES AND OMISSIONS
From time to time, our site or the Service may contain information that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, lead times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not obliged to update, modify or clarify the information provided in the Service or on any related website, including but not limited to price information, unless required by law. No specific update or refresh date applied to the Service or any related web site shall be deemed to indicate that all information offered in the Service or on any related web site has been modified or updated.
Any information, descriptions or images we provide about our goods and services are described and presented as accurately as possible. However, we are not legally bound by such information, descriptions or images as we cannot guarantee the accuracy of every product or service we provide.
PART E
WEBSITE TERMS AND CONDITIONS
ONLINE PAYMENT
Online payment. When you provide us with your online payment details, you are confirming that you have authorized the use of and access to the payment instrument you have chosen to use. By providing us with your payment details, you confirm that you authorize us to charge the amount due to that payment instrument. If we believe that your payment has violated any law or any of our terms of use, we reserve the right to cancel your transaction.
When you make a purchase on our site, you agree and acknowledge to provide a valid email and shipping address for the order. We reserve the right to modify, reject or cancel your order whenever necessary. If we cancel your order and have already processed your payment, we will give you a refund equivalent to the amount you paid. You agree that it is your responsibility to monitor your payment method. While we aim to provide you with an accurate estimate of shipping times and costs, these may vary due to unforeseen circumstances.
ACCOUNTS
To access enhanced features of certain products and/or to access certain features or promotions on the Multi PSI Websites, you may, at your option, register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password and to immediately notify Multi PSI of any unauthorized use. Multi PSI reserves the right to refuse service or terminate accounts if you fail to comply with these Terms and Conditions or any additional terms that may apply to these services, in Multi PSI's reasonable discretion.
When you create an account on our site, you agree to the following:
that you are solely responsible for your account and for maintaining the security and confidentiality of your account, including any passwords or sensitive information attached to it, and
that all personal information you provide to us through your account is current, accurate and true and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you use our site illegally or violate the acceptable use policy.
DOWNLOAD
We take reasonable precautions to ensure the security and integrity of any content we make available for download. However, your use of any downloaded software or other materials on the Multi PSI Websites is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results or may result from the use of any such downloaded materials. We assume no responsibility for viruses, Trojan horses, malicious adware, spyware or other potentially harmful components resulting from or in connection with any download from the Multi PSI Websites. Furthermore, we cannot be held responsible under any circumstances or to any extent for any software or material related to Multi PSI that is downloaded from sites or sources outside the Multi PSI Websites.
EXCLUSION OF LIABILITY
We do not warrant, represent or represent that your use of our Website will be uninterrupted, secure, timely or error-free.
You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products and services provided to you through it are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
PART F
INTELLECTUAL PROPERTY
COPYRIGHT
All content included on the Multi PSI Web Sites, such as text, photographs, graphics, logos, button icons, images and software, and the compilation thereof are, unless otherwise noted, the property of Multi PSI and/or its licensors and protected by Canadian, U.S. and international copyright laws and other related laws and regulations. All software and other materials available for downloading from the Multi PSI Web Sites are, unless otherwise noted, the property of Multi PSI and protected by Canadian, U.S. and international copyright laws.
TRADEMARK
Multi PSI's trademarks, including Multi PSI's names and other graphics, logos, page headers, button icons, scripts and service names may be trademarks, registered trademarks or trademarks of Multi PSI. You may not use any of the foregoing in any manner that disparages or discredits Multi PSI or is likely to cause confusion among customers. You may not use Multi PSI's trademarks and/or trade dress in connection with any product or service without our express written consent.
PROHIBITED USE
The User shall not use any of Multi PSI's intellectual property without Multi PSI's prior written consent, except for the User's internal business purposes for which Multi PSI's Services are intended.
PART G
CONFLICT RESOLUTION
DISPUTE
Best Efforts to Resolve Disputes. The Customer and Multi PSI both agree to use their best efforts to promptly resolve any questions, disputes, controversies, claims or other matters of difference concerning questions of fact or law arising out of or relating to these General Terms and Conditions and any subsequent modifications to these General Terms and Conditions, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach (threatened, alleged or actual), enforcement or termination, as well as non-contractual claims and any damages resulting from any of the foregoing (a "Dispute"). To this end, we agree to discuss and negotiate with each other, in good faith and understanding of our mutual interests, to reach a fair and equitable solution satisfactory to both of us.
Arbitration. You agree to waive the right to sue and/or participate in class actions. Instead, if we fail to reach a resolution under Article 26. 1 within fifteen (15) calendar days of the date on which one of us is notified in writing by the other that a dispute exists (the "Dispute Notice"), then upon written notice from one of us to the other (the "Arbitration Notice"), the dispute (including disputes relating to any investment, vehicle or other transaction you have undertaken through or in connection with your use of the Multi PSI Websites, but excluding disputes referred to in Article 26. 3, shall be finally settled by arbitration before a single arbitrator in accordance with the rules set forth in the Quebec Code of Civil Procedure.
Exceptions to Informal Negotiations and Arbitration. You and Multi PSI agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (1) any dispute seeking to enforce or protect, or concerning the validity of, any of your or Multi PSI's intellectual property rights; (2) any dispute related to, or arising out of, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any request for injunctive relief.
PART H
DISPOSITIONS GÉNÉRALES
GENERAL TERMS AND CONDITIONS
Additional terms and conditions. In addition to the Terms and Privacy Policy, other terms and/or additional terms may apply in certain limited circumstances, such as when you register for a service, promotion and/or agree to receive emails or download software. Multi PSI will disclose these terms to you before you register or download any software.
Privacy policy. Please also carefully read Multi PSI's Privacy Policy, located at [link to policy]. By accepting these Terms and Conditions, you also consent to and accept our Privacy Policy.
Age Restrictions. By accepting these Terms of Use, you represent that you have reached or exceeded the age of majority in your region, province or state and have given us permission to allow any minor in your care to use this Site.
Acceptable use of the website. As a user, you agree to use our site lawfully and not to use this site for any unlawful purpose, including harassing or abusing other users of the site. You agree not to violate the rights of other users of the site, not to violate the intellectual property rights of the owners of the site or any third party to the site, not to hack into the account of another user of the site, not to act in any way that could be considered fraudulent, not to participate in any illegal activity on the site and not to post any material that may be deemed inappropriate or offensive.
If we believe that you are using this site illegally or in a manner that violates the above acceptable terms of use, we reserve the right to limit, suspend or terminate your access to this site. We also reserve the right to take any legal action necessary to prevent you from accessing our site.
Links to third-party websites. Multi PSI's Web Sites may contain links to third-party Web sites. You acknowledge and agree that Multi PSI does not control such third-party web sites and is not responsible for their content or policies, and that links are provided as a convenience and do not represent an endorsement by Multi PSI of the third-party web sites. If you access these third-party web sites through the links, you do so at your own risk.
APPLICABLE LAWS
This document is subject to the applicable laws of Quebec and Canada and is intended to comply with the necessary rules and regulations.
OTHER CONDITIONS
Entire Agreement. These Terms and Conditions, together with the Privacy Policy and any other applicable agreements, set forth the entire understanding and agreement between the parties with respect to the subject matter of these Terms and Conditions and merge, and supersede, all prior discussions, representations, inducements, promises, undertakings, agreements, or the like, whether oral, written, electronic or otherwise, between the parties with respect to such subject matter. Without limiting the generality of the foregoing, no oral explanation or information provided by the parties hereto, or any of them, shall affect the meaning or interpretation of these Terms and Conditions.
No Waiver. Multi PSI's failure to require or enforce strict performance by you of any provision of these General Terms or to exercise any right under these General Terms shall not be construed as a waiver of Multi PSI's right to assert or rely on any such provision or right in this or any other forum. In fact, Multi PSI may choose to apply certain parts of these Terms and Conditions more strictly or to interpret certain provisions more strictly against certain Users than it does against Users in general, and such disparate treatment shall not be grounds for breach of all of these Terms and Conditions.
Successors and assigns. These General Terms and Conditions apply to the heirs, executors, administrators, successors and permitted assigns of the parties.
Severability. If, at any time, any of the provisions set forth herein are held to be inconsistent with or invalid under applicable law, such provisions shall be deemed null and void and shall be removed from this document. All other provisions shall remain unaffected by such laws and the remainder of this document shall continue to be considered valid.
Modifications. These terms and conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our site and the way we expect users to behave on our site. We recommend that our users check these terms and conditions from time to time to ensure that they are aware of any updates. If necessary, we will notify users by e-mail of changes to these terms and conditions or post a notice on our site.
MODIFICATION OF CONDITIONS
We reserve the right to update, modify or replace any part of these Terms by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the website following the posting of changes will constitute your acceptance of those changes.
CONTACT
Please contact us if you have any questions or concerns. Our contact details are as follows:
1 (866) 641-6633
info@multipsi.com
1551, de Coulomb Street, Suite 110 Boucherville, Quebec J4B 8J7