Tracadie branch
Témiscouata branch
Boulet Lemelin Yacht inc.
Hereafter called "the Marchant"
Utiliser le point et non la virgule pour les prix pour éviter le conflit de calcul.
| NO. STOCK | DESCRIPTION OF GOODS | BRAND | MODEL | YEAR | SERIAL NO. | NEW | USED | UNIT VALUE |
|---|---|---|---|---|---|---|---|---|
| CODE | EQUIPMENT OR ACCESSORIES | PRICE | PRICE | |
|---|---|---|---|---|
|
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
|
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ |
| DESCRIPTION OF GOODS | BRAND | MODEL | YEAR | SERIAL NO. |
|---|---|---|---|---|
INCLUDING THE ATTACHED LIST OF EQUIPMENT (SUPPLIED BY THE BUYERS):
The buyer gives to the storekeeper very second-hand above described as partial payment and as deposit. The buyer declares :
a) That second-hand good handed in exchange is free from all encumbrances, privilege or quite different any right: and
b) Be the unique owner and absolved from the second-hand good handed in exchange.
If the very second-hand if above described is not handed to the storekeeper during the signature of the present contract, the storekeeper, in the opinion of present parties, can make a new evaluation during the delivery and modify the offered price, if the second-hand good was damaged or if there was an excessive or abnormal usage. This new price will replace the one that indicated in the mention (7) indicating the allocation of exchange and the buyer will have to, if necessary, pay cash the difference between the price (prize) offered during the signature of the present contract and the new price determined during the delivery of the second-hand good.
PURCHASER INITIALS
SELLER INITIALS
A. In this agreement, the delivery (hereinafter the “Delivery”) of the good(s) sold will be deemed performed at the first of the following events:
i. At the delivery made by the Vendor at the location indicated below in Section 1;
ii. At the expiration of a written notice of forty-eight (48) hours given by the Vendor to the Purchaser, indicating that the good(s) sold is (are) ready for delivery at the location indicated below in Section 1.
The delivery of the good(s) will be made at (location) __________________________ on __________________________ or as soon as possible after this date. However, the Vendor is not responsible of a delay in the deliverance of the good(s) due to force majeure, unforeseeable circumstances, transportation problems, fire, labor dispute, loss, damage, destruction or any circumstances beyond his control.
The Purchaser agrees to accept delivery of the good(s) within forty-eight (48) hours of the notice given by the Vendor indicating the time of delivery.
B. The balance due on delivery, as determined above, will become due in full and payable at the date of delivery of the good(s). If all the clauses of this agreement have been respected by the Vendor and the Purchaser refuses to accept delivery of the good(s) as indicated above, the Purchaser shall be liable of damages equaling a fifth of the price of the good(s) sold.
C. The Vendor shall, in no way, be responsible of the removal or the cost of removal of the good(s) sold from the vehicle transporting the good(s) (hereinafter the “Removal”) and the launching of launching cost of the good(s) sold.
If the Purchaser wishes that the Vendor proceeds with the removal and/or the launching of the good(s) sold, he shall, if necessary, sign the removal/launching demand hereto attached as Schedule A.
The Purchaser is bound by this agreement. If the object of this agreement is new equipment, this agreement will be canceled without any remedy or potential claim by the Purchaser when, for any reason, the manufacturer is unable to deliver the good(s) described above, and in this case, the Vendor shall reimburse the Purchaser of his deposit. However, if the Purchaser traded a second-hand good(s) and the Vendor sold that second-hand good(s) in the meantime, the Vendor shall only be required to give the Purchaser the purchased price of that (these) second-hand good(s), after deducting the price of repairs, which amount will be justify by an invoice and an amount of five (5) percent of the purchased price of the second-hand good(s) to cover the cost of sale, the delivery, the storage and the administration fees. This refund by the Vendor represents a full and final release of any claims that the Purchaser could have in this regard against the Vendor.
Failure by the Purchaser to make a payment when due or in case of derogation from the obligations stipulated in this agreement, the total outstanding balance becomes immediately due and payable, at the Vendor’s expense. Annual interest of ______ % will be applicable on any unpaid amount.
The Vendor remains the owner of the sold good(s) and the transfer of ownership does not take place at the formation of this agreement, but will only take place when the liability of the Purchased is paid in total.
CLAUSE REQUIRED UNDER THE CONSUMER PROTECTION ACT
(Contract other than a contract of credit that contains a clause of forfeiture of benefit of the term and the reserve of ownership clause)
If the consumer fails to perform his obligation in the manner prescribed in this contract, the merchant may:
(a) either exact immediate payment of the instalments due;
(b) or avail himself of the clause of forfeiture of benefit of the term prescribed in this contract.
Before availing himself of that clause, the merchant must forward the consumer a notice in writing and a statement of account. Within 30 days following the receipt by the consumer of the notice and the statement of account, the consumer may:
(i) either remedy the fact that he is in default;
(ii) or present a motion to the court to have the terms and conditions of payment prescribed in this contract changed;
(iii) or present a motion to the court to obtain permission to return the goods forming the object of this contract to the merchant.
If the consumer returns the goods to the merchant with the permission of the court, his obligation under this contract is extinguished and the merchant is not bound to return to him the payments he had already received from him;
(c) or retake possession of the goods that form the object of the contract.
Before retaking possession of the goods, the merchant must give the consumer a notice in writing of 30 days during which the consumer may, as he chooses:
(i) either remedy the fact that he is in default;
(ii) or return the goods to the merchant.
If the consumer returns the goods to the merchant, his obligation under this contract is extinguished and the merchant is not bound to return to him the payments he has already received from him.
If, before his default, the consumer has paid at least one-half of the amount of the total obligation and of the down payment, the merchant may not recover possession of the goods unless he first obtains the permission of the court.
It is in the consumer's interest to refer to sections 14, 15, 104 to 110 and 138 to 142 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
When the Purchaser receives delivery of the good(s) described above, the Vendor may allow the Purchaser to replace this agreement by an instalment sale agreement which is sold and transferred to a corporation approved by the Vendor.
In this case, the parties agrees that an instalment sale agreement drafted in accordance with the Consumer Protection Act will be signed by the Vendor, the Purchaser and the corporation to whom the agreement is yield, and replace to all intents and purposes this agreement which will automatically be canceled.
If any provision of this agreement violate any provision of Quebec or Canada Acts, that provision, or the part of the provision, shall be deemed unwritten, and shall not render this agreement invalid in other respects.
With the exception of legal warranties, there are no explicit or implicit warranties on the good(s) sold except the following:
New equipment: When the good(s) is(are) new, the only warranty applicable is the one provided by the manufacturer. The written warranty given by the manufacturer is subject to a separate document than this agreement which will be given to the Purchaser upon delivery.
The Vendor is hereby authorized to correct any technical or obvious errors that may appear in this agreement.
The Purchaser acknowledges to have signed this agreement after it was filled and signed by the Vendor and read its terms and conditions before signing it. The Purchaser acknowledges having received from the Vendor a copy of this agreement after signing it. Furthermore, the Purchaser acknowledges that no representation other than those specified in this agreement has been made by the Vendor regarding the good(s), the accessories and the warranties described herein.
PURCHASER
CO-PURCHASER
This order doesn’t create any legal relationship between the parties until its acceptance by the manager. After its acceptance, it will be the only agreement between the parties.
MANAGER
The Purchaser acknowledges to have examined the good(s) sold and its accessories and accept the delivery and declares that everything is to his satisfaction.
PURCHASER
CO-PURCHASER
1. The Vendor clearly and legibly fill the agreement;
2. The Vendor signs the agreement first;
3. Then the Vendor gives the Purchaser the filled agreement so that he can read it;
4. The Purchaser signs the agreement (if there’s more than one Purchaser, all must sign the agreement);
5. The Vendor gives to the Purchaser a copy of the agreement signed by both parties;
6. The Purchaser signs the acceptance of delivery (if there’s more than one Purchaser, all must sign the acceptance of delivery)