Clearance merchandise on our website
We offer a 30 days guarantee on clearance items. If we are unable to replace or repair an item on clearance, you will be reimbursed. All prices are in Canadian dollars, transport fees are not included.
Upon reception of merchandise, please carefully examine the original packaging & verify the product purchased functions properly. If the product is damaged or malfunctions, immediately contact CEV Client Service for a RMA return number. Item must be returned in original box within 5 business days of reception. No returns will be accepted without an RMA number and original packaging.
The environmental handling fees are included in the selling price. CEV is a steward of the EPRA program (# RQC500848). To view the complete list of products that are subject to this environmental program, please go to http://recyclemyelectronics.ca
For any questions, please contact CEV at email@example.com or 1-800-337-8835.
Terms and Conditions of Sale
The terms and conditions listed below govern all sales of CEV Inc.
- PRODUCTS AND PARTIES
As used in these Terms and Conditions of Sale (these “Terms”), “Product(s)” means the hardware, software and/or services specified on the face of the quotation, acknowledgement, pro forma or invoice issued by CEV Inc to which these Terms are attached. Such Product(s) are sold or licensed (or in the case of a quotation, offered for sale or license) by the CEV Inc entity there specified (“CEV”) to the customer there specified (“Customer”).
- TERMS OF PAYMENT
The terms of payment for orders are COD or, upon approval of Finance Department, Net thirty (30) days after date of Invoice. Agents or representatives of CEV are not authorized to change or adjust credit terms without authorization of the Finance Department. All claims against invoices must be made within 5 days after receipt of merchandise to the Sales Operations Department. Accounts not paid by the due date are subject to an interest charge from the date of maturity at the rate of 2% per month (24% per annum). Customer agrees to bear all cost incurred by CEV in collecting any unpaid amounts including but not limited to, collection &/or legal fees and court costs on a solicitor/client basis.
- CUSTOMER’S ORDER FORMS
These Terms shall apply to the sale or license of the Product(s) by CEV to Customer to the exclusion of any additional or different terms and conditions, including any terms or conditions which Customer may purport to apply under any Customer request for quotation, purchase order or similar document, or which Customer may purport to offer in response to these Terms. All such additional or different terms and conditions are expressly rejected by CEV. Customer’s assent to these Terms, and only these Terms, is conclusively presumed from Customer’s acceptance of delivery of the Product(s).
- PRICES; VALIDITY OF QUOTATIONS
The price(s) for the sale or license of the Product(s) and the currency of payment are as stated on the face of the quotation, acknowledgement, pro forma or invoice issued by CEV to which these Terms are attached. Quotations supplied by CEV are valid for 15 days unless a different validity period is stated on the quotation.
- CANCELLATION, RETURNS AND SPECIAL ORDERS
Customer may submit a request to CEV to cancel an order. All such requests must be in writing and are subject to acceptance or rejection by CEV. No return shipments will be accepted unless authorized. Returned merchandise for credit, unless it involves a default of CEV, will be subject to a restocking charge. Only current merchandise in original boxes will be accepted and only if returned at Customer’s expense. Specials orders are for product not normally carried by CEV. A non-refundable deposit of 50% of the invoice value is required on all special order items. The Customer is subject to cancellation fee equal to the non-refundable deposit if the order is cancelled before delivery. No returns are permitted on special order.
CEV will make commercially reasonable efforts to ship the Product(s) by the estimated ship date shown on the applicable acknowledgement. CEV may make partial shipments unless Customer specifically objects. Shipment shall be in accordance with Incoterms 2010, per the specific Incoterm stated on the quotation, acknowledgement, pro forma or invoice issued by CEV to which these Terms are attached, except (a) CEV will not be liable for any delay or failure to perform its obligations under the applicable Incoterm resulting from circumstances beyond CEV’s reasonable control or which would cause CEV to incur unreasonable expense to avoid, and (b) risk of loss shall pass in accordance with Section 7 of these Terms. Products will be shipped utilizing standard CEV packaging.
- TITLE AND RISK OF LOSS
Risk of loss shall pass at the point provided in the applicable Incoterm.
Unless otherwise indicated on the quotation, acknowledgement, pro forma or invoice issued by CEV to which these Terms are attached, any and all sales, use, value added (GST, HST, QST) and similar taxes imposed on CEV or which CEV has a duty to collect in connection with the sale, supply, delivery, or use of any Product will appear as separate items on the invoice and Customer shall be liable to pay the same. If sales to Customer are exempt from such taxes, Customer shall furnish CEV a certificate of exemption prior to shipment.
- INVOICES AND PAYMENT
Upon each shipment, CEV will issue an invoice to the Customer. Payment terms and currency of payment are as stated on the face of the quotation, acknowledgement, pro forma or invoice issued by CEV to which these Terms are attached. Customer shall not be entitled to make any deduction in respect of any set?off or counter claim. For Products shipped, if Customer is past due on payment for any such Product, CEV shall have the right to take possession of that Product and sell it, applying the proceeds of any sale to the balance due on the Product. Without prejudice to its other rights hereunder, CEV may charge interest at the lesser of 2% per month (24% per annum) and the maximum amount allowed by applicable law on any balance outstanding after the payment due date, such interest accruing on a daily basis. CEV may change its credit terms and/or suspend its performance when, in the opinion of CEV, Customer’s financial condition or record of payment so warrants.
Software, including software Products and software incorporated within Products, e.g., in ROM or on internal media, is provided under license and is subject to the software warranty, if any, and other terms set out in a separate license agreement (“End User Software License Agreement”), a copy of which may be obtained from CEV. Customer may use and reproduce the software only as permitted by the applicable license. In general, manufacturer’s license prohibits reproduction, disassembly, decomposition and reverse engineering of software and limits use of software to its intended purpose to the maximum extent permitted by law.
- USE OF RECONDITIONED MATERIAL
Products may include materials that are reconditioned to like?new performance and functionality where specifically agreed to in a quote. Customer shall not be entitled to reject Products or seek any diminution in the price of Products on the basis of the inclusion of reconditioned materials.
The Manufacturer warrants to Customer that each hardware Product will be free from defects in materials and workmanship for the period set forth in the applicable warranty statement contained in the Manufacturer’s Extended Warranty Agreement, a copy of which may be obtained from CEV. If any such Product proves defective in materials or workmanship during the warranty period, CEV will facilitate repair or replacement by the Manufacturer of the defective Product as specified in the applicable warranty statement. Information concerning the warranty period and whether warranty will be provided at a location other than a CEV service center is set forth in the applicable warranty statement.THIS WARRANTY, INCLUDING THE TERMS AND CONDITIONS OF THE MANUFACTURER’S EXTENDED WARRANTY AGREEMENT, IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. CEV, ITS AFFILIATES AND ITS MANUFACTURERS AND OTHER AGENTS, DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON?INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THEIR EQUIVALENTS IN ANY JURISDICTION. MANUFACTURER’S RESPONSIBILITY TO REPAIR OR REPLACE A DEFECTIVE PRODUCT IN ACCORDANCE WITH THE APPLICABLE WARRANTY STATEMENT IN THE MANUFACTURER EXTENDED WARRANTY AGREEMENT IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO CUSTOMER FOR BREACH OF ANY WARRANTY PROVIDED BY MANUFACTURER.Manufacturer’s liability for indemnification for infringement of intellectual property rights of third parties is addressed in the applicable intellectual property license granted by Manufacturer with the sale of a Product.
- LIMITED WARRANTY VOID
Manufacturer does not warrant the compatibility of the Products with non-Manufacturer products (other than the Approved Purchaser Software and Products). The Limited Warranty will be void if Manufacturer determines, in its discretion, that:
- any proprietary labeling has been removed from the Products; or
- any physical damage to the Products has been caused as a result of improper handling during or after shipment, misuse, neglect, improper installation, operation (including radioactive or other dangerous environments), repair, alteration, accident or for any other cause not attributable to defective workmanship on the part of manufacturer or defective material used by manufacturer to manufacture the Products.
- LIMITATION OF LIABILITY
The liability of a Party to the other Party for any breach of this Agreement shall in all circumstances be limited to the direct damages arising from such breach and shall not exceed one times the applicable order value. In no event shall CEV or its affiliates or manufacturers or other agents shall have any liability to the other Party for any special, consequential, (including lost profits, loss of business or data, business interruption, trading losses), indirect, incidental, exemplary or punitive damages or loss of profit, whether in contract, tort or otherwise, resulting from or arising in connection with any breach of this order.
Customer hereby agrees to defend indemnify and save CEV, its affiliates, officers, directors, shareholders, agents, employees, manufacturers, successors and assigned harmless from and against any and all claims, actions, causes of action, liability, loss and expense, including attorneys’ fees and investigation costs arising as a result of sales by Customer of CEV products or of products containing components sold by CEV, and based upon personal injury, death, property damage, lost (including lost profits, loss of business or data, business interruption, trading losses), and any other matters for which Customer, its employees or subcontractors, or any third party are or may be to any extent liable.
- FORCE MAJEURE
CEV will not be responsible for any losses or damages to customer (or any third person) whether occasioned by deviations in performance or the non-performance of any of CEV’s obligations hereunder, or loss of or damage to goods when caused directly or indirectly by or in any manner arising from any casualty, revolution, act of God, act (including delay or failure to act) of any government authority (de jure or de facto), or (declared or undeclared) riot, act of customer, strikes or other labour difficulties, shortage or labour, supplies and transportation facilities or any other cause or causes beyond CEV’s control or the control of its suppliers
The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right thereafter to enforce each and every provision
- ATTORNEY’S FEES
CEV shall be entitled to recover its reasonable costs and attorneys’ fees, both at trial and on appeal, in any litigation based on these Terms in which CEV is the prevailing party.
- GOVERNING LAW
The rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the jurisdiction of the Province of Quebec, where CEV is legally constituted.
- ELECTRONIC COMMUNICATION
The parties may do business electronically, including order placement and acceptance. Once accepted, such orders will create fully enforceable obligations subject to this Agreement. Such orders and acceptances will be deemed for all purposes to be an original signed writing. Parties will adopt commercially reasonable security measures for password and access protection.
- ENTIRE AGREEMENT
These Terms and the quotation, acknowledgement, pro forma or invoice issued by CEV to which they are attached, as well as the End User Software License Agreement, if applicable, and the Manufacturer Warranty Agreement, if applicable, comprise the entire agreement between CEV and Customer and supersede any prior or contemporaneous negotiations or agreements with respect to their subject matter. No amendment shall be effective unless it is in writing and signed by an authorized representative of CEV and Customer. Equipment/merchandise must be returned on requested date to: 3055 Adam, Montreal, QC, H1W 3Y7