The following terms and conditions (these “Terms”) apply to the purchase of products (each, a “Product” and collectively “Products”) by you (“Purchaser”) from [Prema Canada] (“Prema”) through this website (“Website”). These Terms contain important information about the parties’ rights and obligations, as well as limitations and exclusions that may apply.
By placing an order, the Purchaser accepts and agrees to the Terms which are subject to change without notice. The version of the Terms applicable to the Purchaser’s order will be the version in effect on the day the Purchaser submits the applicable order to Prema. The provisions of the Terms will constitute the entire agreement between Prema and the Purchaser, take precedence over, and replace any prior document submitted by the Purchaser, including the limited warranty.
Last Updated: December 14, 2020
1. Price and Taxes:
The total price and all other related charges for the Product(s) will be set out in the invoice provided to the Purchaser. Unless otherwise specified, all costs and expenses specified in the invoice shall be in Canadian Dollars (CAD). Pricing will be based on the date the Purchaser placed the order. Prema reserves the right to limit quantities and orders are subject to inventory availability. Prema reserves the right to change any price without notice, excepting the Purchaser’s orders already received. The Purchaser shall be responsible for the payment of any taxes that are in effect in the province they reside in.
2. Payment Terms:
For Purchasers with established credit, Prema’s standard credit terms are Net 30 Days from the date of the invoice. To establish credit, you may be required to complete and submit a credit application to Prema. If credit is not established payment must be made at the time of the order. Our acceptable methods of payment include company cheque, online bill payment, E Transfer, Visa, Mastercard and American Express. Cash and debit cards are not accepted. All payments must be made in Canadian dollars. Interest will be charged on overdue accounts at the rate of 1.0% per month (12% per annum). Prema reserves the right to revoke a Purchasers credit privileges based on payment history or updated credit information.
3. Shipping:
Prema will provide free shipping on orders over $100 shipped to Quebec and Ontario and reserves the right to choose the carrier. For other provinces, shipping cost will be determined by the weight and dimensions of the products shipped. While every effort is made to deliver as scheduled, Prema will not be liable directly or indirectly for any delay in the delivery of the order. Larger items such as paste, lube and tire studs must form part of a mixed order of products. Prema reserves the right to refuse orders where excessive freight charges might apply. Freight costs for orders under $100 will be the Purchaser’s responsibility. The cost of shipping will be provided to the Purchaser at the time of check-out. Prema is not responsible for the loss of any Product(s) once the order has been shipped to the delivery address provided by the Purchaser. Free shipping applies to orders shipped in boxes and delivered by regular courier service. Free shipping for palletized orders will be delivered with tailgate service included. All additional services such as to a residential address, by appointment, call before delivery, weekend or holiday, second delivery or excess wait time might incur additional charges.
4. Property of the Goods:
Title and risk of loss to the Product(s) passes to the Purchaser upon delivery to the carrier. Prema reserves the right to choose the carrier. Prema does not guarantee delivery of the Product(s) in due time and shall not be liable for any loss or damage resulting directly or indirectly from any delay to deliver. Depending on the quantity requested and based on inventory availability, the Product(s) may be delivered in more than one shipment to the Purchaser. The Purchaser covenants and agrees to assume all risks of loss or damages to the Product(s) or any damages to a third person caused by the Product(s) from the time of their delivery by Prema or the carrier at the place agreed upon by the parties. Unless expressly set out in the order, Prema does not provide insurance on the Product(s) during delivery.
5. Product Availability:
Products are subject to availability at the time of order. Prema does not guarantee the availability of products notwithstanding our acceptance of the Purchaser’s order. Some special orders or non-stocking items require Prema meeting supplier minimum’s and may require added shipping time.
6. Return Policy for Damaged, Defective or Shipped in Error Product:
The Purchaser shall inspect the Product(s) upon receipt and within 10 days from the date of receipt, notify Prema immediately of any damage, defect or shipped in error issue. After the 10-day period, the Purchaser will be deemed to have diligently conducted a proper inspection and will be barred from making a return to Prema or attempt to seek compensation for the Product(s). For a return completed within the 10-day period for a damaged, defective, or shipped in error product, Prema will pay the shipping costs to return the Product(s).
7. Return Policy for all other reasons:
Prema has a 30-day return policy, which means the Purchaser has 30 days after receiving the Product(s) to request a return. All returns or cancellations must have prior approval and an RGA (Return Goods Authorization) To be eligible for a return, the Product(s) must be in the original packaging, unused and allowable to be returned. Non-returnable items include, but are not limited to, non-stocking orders, special orders, seasonal and clearance items, and repair parts. Excessive return requests may result in a restocking fee or future purchase restrictions. The Purchaser will be responsible for the shipping costs to return the product.
8. Warranty:
The Purchaser shall benefit from the manufacturer’s warranty in effect at the time of purchase. Prema provides no other warranty, express or implied, with respect to the Product(s) sold to the Purchaser. In the event of any problem or warranty claim with respect to a Product under warranty, the Purchaser shall first contact and inform Prema in writing.
9. Limitation of Liability:
In no event will Prema be liable to the Purchaser for an amount greater than the total purchase price of the Product(s), exclusive of taxes and shipping, or for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to the Purchaser whether arising in connection with the use of this website or the Product(s) irrespective of whether the claim arises in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Prema had been advised or had reasons to know of the possibility of such damages.
10. Hazardous Materials:
Prema has obtained Material Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS) for all controlled products within the meaning of the Hazardous Products Act and the Controlled Products Regulations made under that act, in respect of Products offered for sale by Prema. These documents can be found on the Prema Canada website.
11. Force Majeure:
Prema shall not be liable for any damage, cost or loss of profit or delays or failures related to the performance of its obligations if said default is due to an event of force majeure. These include but are not limited to an act of god, act or failure to act of a government board, commission, department, bureau, authority, war, invasion, blockade, flood, fire, explosion, storm, epidemic, strike or lockout.
12. Your Account:
The Purchaser is responsible for any actions that take place while using your Prema E-Commerce account. The Purchaser agrees to keep your username and password secure and not allow anyone else to use their username and password to access the Prema E-Commerce platform. Prema is not responsible for any loss that results from the unauthorized use of the Purchaser’s personal username and password, with or without the Purchaser’s knowledge.
13. Privacy:
The Purchaser shall read Prema’s privacy policy (“Privacy Policy”) [click here to view], the terms of which appear on this Website and are incorporated into these Terms. The Purchaser agrees that the terms of the Privacy Policy are reasonable. The Purchaser consents to the collection, use and disclosure of their personal information by Prema or its agents or representatives in accordance with the terms of and for the purposes set forth in the Privacy Policy.
14. General Provisions:
The Terms shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Prema does not guarantee continuous or uninterrupted services, as operation of services may be interfered with by numerous factors outside of Prema’s control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Purchaser agrees that these Terms and all incorporated terms and conditions may be automatically assigned by Prema in their sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Prema’s failure to act with respect to a breach by the Purchaser or others does not waive Prema’s right to act with respect to subsequent or similar breaches. The Terms set forth the entire understanding and agreement between the parties with respect to the subject-matter hereof.