jquery javascript
Welcome  Guest
cart   ( 0 ) Items in your cart
 |  Sign Up Log In Help
The complete solution for your IT infrastructure requirements.

7881 boul Décarie, Suite 300
Montréal, QC
H4P 2H2

DM Infotech - Terms of Sale - Product

THESE TERMS AND CONDITIONS ("AGREEMENT") APPLY TO YOUR ORDER AND PURCHASE OF HARDWARE, SOFTWARE, THIRD-PARTY BRANDED SERVICES AND SUPPORT, AND DM INFOTECH SKU’D SERVICES (COLLECTIVELY, "PRODUCT") SOLD BY 9156-4302 QUÉBEC INC. d.b.a. DM Infotech (“DM INFOTECH”), through its website at https://dminfotech.ca (the “Website”) or set forth in any purchase order as may be issued by you and accepted by DM Infotech. You accept the terms and conditions of this Agreement, unless you have a separate purchase agreement governing the purchase of Product signed by both your company and DM Infotech, in which case, that separate agreement will govern your purchase. DM Infotech may, from time to time and at its sole option, revise this Agreement without notice by posting the revised agreement on the Website. The Agreement posted on the Website at the time DM Infotech accepts your order will govern that purchase.

  • Accuracy of Data/Corrections. DM Infotech obtains certain data directly from the manufacturer, publisher or supplier of Products and is not responsible for pricing, typographical or other errors in any such data. In addition, availability of third party Product is subject to change without notice. DM Infotech reserves the right to cancel orders related to such errors or Product discontinuation or unavailability, and to correct the Website at any time, including pricing errors not detected until after DM Infotech's confirmation or e-mail response.

  • Prices/Payment Terms. Your order is subject to review and acceptance by DM Infotech. Prices are subject to change at any time prior to DM Infotech's acceptance of your order and all orders are subject to DM Infotech's credit approval. You must provide appropriate credit references upon request and authorize us to obtain credit history from such references. You agree to pay the total purchase price for the Products, plus any related taxes, environmental recycling fees (where applicable) and shipping (to the extent shipping is not prepaid by you), including shipping charges billed to DM Infotech as a result of using your carrier account number or a carrier selected by you. Invoices are due and payable within the time frame and in the currency specified on the invoice, measured from the date of invoice. Where invoices are paid in a currency other than that specified on the invoice, you agree to remit payment to DM Infotech for any losses incurred upon conversion of any payments received which result in a short-payment of such invoices. You agree to pay interest on all past-due amounts at the lower of one and one-half percent (1.5%) per month (18% per annum), or the maximum rate allowed by law. You will be responsible for DM Infotech's costs of collection for any payment default, including, but not limited to, court costs, filing fees and legal fees. In addition, if payments are not received as described above, DM Infotech reserves the right to suspend further deliveries until payment is received.

  • Credits. You must expend or apply any credits issued to you by DM Infotech for any reason within two years from the date the credit is issued. If not used within such period, credits will automatically expire.*

  • Taxes. Federal, provincial and local sales, use and excise taxes and all similar taxes, environmental recycling fees and duties, (excluding taxes based on DM Infotech's income, assets or net worth), as well as any customs or duties, are solely your responsibility. You may provide DM Infotech a tax exemption certificate, which will be subject to review and acceptance by DM Infotech.

  • Delivery/Title/Risk of Loss. DM Infotech will use commercially reasonable efforts to meet requested delivery times but does not guarantee delivery by a stated time and is not responsible for any damages due to delays or the failure to meet a stated delivery schedule. DM Infotech reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle you to cancel other installments. Product will be delivered to you FOB Origin (DM Infotech's facility or the facility of any of DM Infotech's suppliers who drop ship direct), freight prepaid and added.** Title and risk of loss shall pass to you when Product is delivered to the transportation carrier. DM Infotech is not responsible for insuring shipments, nor for any loss or damages to Product during shipment, and recommends you obtain insurance for shipments. Title and risk of loss for such shipments shall pass upon delivery at the requested delivery destination. Notwithstanding anything in this paragraph, title to software Product remains with the applicable licensor(s), and your rights and obligations related to software are contained in the license agreement between you and the licensor(s). To secure your payment obligations under this Agreement, you hereby grant to DM Infotech a first-ranking security interest in the Product purchased under this Agreement. You authorize DM Infotech to execute and file one or more financing statements or registration forms and agree to execute any paperwork required by DM Infotech to secure or perfect any such security interest.

  • Personal Information. To the extent you provide any personal information to DM Infotech in the context of your orders for Product, DM Infotech will collect this information and use it to fulfill your order and as otherwise allowed in accordance with DM Infotech’s Privacy Policy. DM Infotech may disclose this personal information to its suppliers and service providers to the extent required for these purposes. The file containing your personal information will be kept at the offices or on the servers of DM Infotech, its suppliers and/or service providers and their respecting employees who require it for the purposes of their duties will have access to this file. Some suppliers and service providers may be located outside Canada and your personal information may become available to the foreign government or its agencies of their jurisdiction under a lawful order made in that foreign jurisdiction. To the extent provided by applicable law, you may have access to the file containing your personal information held by DM Infotech and request its correction by contacting compliance@dminfotech.ca. By accepting the terms and conditions of this Agreement, you consent to DM Infotech’s collection, use and disclosure of any personal information you have provided in accordance with DM Infotech’s Privacy Policy as it reads at the time of purchase.


    • PRODUCTS MANUFACTURED, PUBLISHED OR PROVIDED BY THIRD PARTIES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY BY DM INFOTECH OF ANY KIND, EITHER EXPRESS OR IMPLIED. DM Infotech shall pass through to you, to the extent available, any manufacturer's/publisher's/supplier's written warranties associated with third party Products purchased from DM Infotech. Although third-party services and support are considered "Product" and you may purchase such services through DM Infotech, DM Infotech is not obligated to provide the services or support. DM Infotech accepts no liability for any claims arising out of any act or omission, including negligence, by your third-party service provider; and any amounts associated with third party services, including but not limited to taxes, will be collected solely in our capacity as an independent reseller of such Product.

    • PRODUCT CODES BEGINNING WITH "IVC" (DM INFOTECH VALUE CENTER) ARE SOLD "AS IS." IVC Products have been previously opened and/or the box has been damaged. IVC Products are not offered or sold as "new." The manufacturer's or publisher's warranty, if any, will apply and provide the sole coverage for such IVC Products. You must look to the manufacturer, publisher or supplier of third party Products for recovery on any claim of liability and will hold DM Infotech harmless from any claim of negligence or breach of warranty.

    • PRODUCTS PRODUCED SOLELY BY DM INFOTECH ("DM INFOTECH PRODUCT") ARE PROVIDED WITH ONLY THOSE WARRANTIES EXPRESSLY SET FORTH IN THE DM INFOTECH PRODUCT SPECIFICATION. In addition to any non-excludable statutory remedies, your sole remedy and DM Infotech’s sole obligation for breach of this warranty will be reasonable efforts to correct any non-conformance or, if this cannot be accomplished, then DM Infotech will issue you a credit for, or a refund of, the purchase price and original freight paid for the DM Infotech Product.


  • Limitations on Use.You agree and represent that you are buying Product for your own internal business use and not for resale nor for your personal use as a consumer. If Product purchased under this Agreement is intended for export, it may be subject to export regulations. You accept full responsibility for and agree to comply fully with all export regulations, including obtaining export licenses. The export of Products may also alter or void the manufacturer's or publisher's warranty. PRODUCTS OFFERED BY DM INFOTECH ARE NOT DESIGNED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR SYSTEMS OR OTHER APPLICATIONS IN WHICH FAILURE OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. USE IN ANY SUCH APPLICATIONS IS AT YOUR SOLE RISK.

  • Limitation of Liability. DM INFOTECH WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, PROFITS, DATA, OPERATIONAL EFFICIENCY, USE OR INFORMATION, ARISING UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION OR THEORY OF RELIEF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any liability for direct damages arising under this Agreement, regardless of the form of action or theory of relief, is limited, to the fullest extent allowed by law, to the purchase price of the Product. No action arising out of the transactions under this Agreement may be brought by you more than one (1) year after the damage, loss or expense occurred. DM Infotech is not liable for any claim made by a third party or made by you for a third party.

  • Termination. You may cancel any order for Product at no charge up to five (5) business days prior to scheduled shipment upon written notice to DM Infotech, unless such Product has been modified or otherwise reconfigured in accordance with your specifications. Cancellation shall not relieve your duty to pay for Products shipped, services performed or expenses incurred by DM Infotech prior to such notice. If an order is cancelled prior to shipment, your sole remedy and DM Infotech's sole obligation will be a full refund of the purchase price paid for the Product. Cancellation of orders following shipment must be made in accordance with the return policies of the manufacturer, publisher or supplier of the Product.

  • Governing Law and Venue. This Agreement shall be governed by the substantive laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to any conflict of laws provisions. You are responsible for compliance with local laws, if and to the extent local laws are applicable. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts of competent jurisdiction in the city of Montreal, , Province of Quebec, Canada in any dispute arising out of or relating to this Agreement.

  • Assignment. DM Infotech may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products and/or assign the right to receive payments without your consent. You may not assign this Agreement or any of its rights or obligations without the prior written consent of DM Infotech. Subject to the restrictions in assignment contained in this provision, this Agreement will be binding on and inure to the benefit of the parties hereto and their successors and assigns.

  • Force Majeure. DM Infotech will not liable for failure to fulfill its obligations under this Agreement or for delays in delivery or performance due to causes beyond its reasonable control. DM Infotech's time for performance of any such obligation will be extended for the time period of such delay, or DM Infotech may, at its options, cancel any order or remaining part thereof, without liability, upon notice to you.

  • Miscellaneous. No provision of this Agreement may be waived, amended or modified by either party except by a written agreement signed by both you and DM Infotech. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights. The relationship between DM Infotech and you is that of independent contractors and not that of employer/employee, partnership or joint venture. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, all other parts will still remain in effect. Notices to be provided under this Agreement must be in writing and will be deemed received upon the earlier of: 1) actual receipt; 2) three (3) days after mailing, if mailed postage prepaid by regular mail or airmail; or 3) one (1) day after such notice is sent by courier or facsimile transmission. The terms and conditions applicable to all returns are set forth in DM Infotech’s Return Policy located at DM Infotech's Return Policy. Terms in effect at the time of Product purchase shall apply to any requested returns.

  • Entire Agreement. This Agreement constitutes the entire agreement between us regarding this purchase of Products from DM Infotech and supersedes and replaces any previous communications, representations or agreements. Any additional or different terms or conditions contained in any purchase order or other documents provided by you are considered material alterations to this Agreement, expressly rejected and will not be binding upon DM Infotech.

  • English. The Parties acknowledge that they have requested and consented that this Agreement and all documents, notices, correspondence and legal proceedings consequent upon, ancillary or relating directly or indirectly hereto, forming part hereof or resulting herefrom, be drawn up in English. Les Parties reconnaissent qu’elles ont expressément requis et consenti à ce que la présente entente et tous les documents, les avis, la correspondance et les procédures juridiques qui en découlent ou qui y sont afférents ou reliés, directement ou indirectement, qui font partie des présentes ou qui en résultent soient rédigés en langue anglaise.

*This provision does not apply to public sector customers.
**Product shipped to public sector customers will be delivered to you FOB Destination, freight prepaid and added. Title and risk of loss for such shipments shall pass upon delivery at the requested delivery destination.

Revised May, 2013

About Us
Footer Menu Bullet Why Shop with Us
Footer Menu Bullet About Us
Footer Menu Bullet Contact Us
Browse Our Store
Footer Menu Bullet Advanced Search
Footer Menu Bullet View All Categories
Footer Menu Bullet View All Brands
Terms and Conditions
Footer Menu Bullet Terms of Sale
Footer Menu Bullet Return Policy
Footer Menu Bullet Shipping Policy
Footer Menu Bullet Privacy Policy
VisaCard MasterCard AmexCard DiscoverCard DinersCard
Product(s) added to successfully. Go to