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GENERAL TERMS OF SALE

Inova Développement inc.

​ ​1. Scope of application

These General Terms of Sale (hereinafter the "GTS") apply to any sale of tangible products concluded by Inova Développement inc. (hereinafter "Inova Développement") to its clients, including public organizations, residences for autonomous individuals (RPA) and institutions (hereinafter the "Client").

The Client expressly waives the application of its own general conditions, even if these have been communicated after these GTS. Any deviation from these GTS will only be valid if it has been expressly accepted in writing by Inova Développement.

​ ​2. Orders

All orders imply full and unreserved acceptance of these Terms and Conditions.
The order becomes firm and final upon confirmation by Inova Développement. The applicable payment terms are those stipulated in the order confirmation, the contract, or these Terms and Conditions.
Inova Développement reserves the right to refuse or cancel any order in the event of an existing dispute, prior non-payment, or reasonable doubt regarding the Client's solvency.

​ ​3. Prices

Prices are indicated in Canadian dollars (CAD), excluding applicable taxes.
Applicable taxes, duties, and fees are the sole responsibility of the Client.

​ ​4. Payment terms

Payment is due in full at the time of order.
No product delivery will be made before the complete receipt of payment.
Any unpaid amount will bear interest at the rate of 10% per year, calculated from the due date, without prior notice.
Inova Développement reserves the right to suspend or cancel any order in the event of non-payment.

​ ​5. Default of payment

In the event of persistent non-payment beyond sixty (60) days following the due date, Inova Développement reserves the right to refer the case to a collection agency.
All administrative, legal, and collection fees will be the responsibility of the Client.

​ ​6. Delivery

The delivery of products is carried out at the expense and under the responsibility of Inova Développement, according to the terms agreed upon at the time of the order.
Delivery times are given as an indication. A delay in delivery cannot in any case justify the cancellation of the order nor give rise to penalties or damages.

​ ​7. Cancellation

Any paid order is firm and non-cancellable.
No refund will be made, except in the case of exceptional written agreement from Inova Développement.

​ ​8. Warranty

The warranty conditions applicable to the products are those published on the Inova Développement website and in effect on the date of the order.
These conditions are an integral part of these terms and conditions.

​ ​9. Claims

Any claim regarding a delivered product must be notified to Inova Développement in writing, by registered mail to its head office, within eight (8) days following receipt.

If not, the products will be deemed compliant and definitively accepted.

​ ​10. Liability

Inova Développement's liability is limited to direct damages resulting from proven fault.
In no case shall Inova Développement be held responsible for indirect damages, loss of profits, or claims from third parties.
Inova Développement shall in no case be involved as a third party in a dispute between the Client and an end user.

​ ​11. Force majeure

Inova Développement shall not be held responsible for any delay or failure to perform resulting from a case of force majeure.

​ ​12. Applicable law and jurisdiction

These terms and conditions are governed by the applicable laws in the province of Quebec (Canada).
Any dispute will be submitted to the exclusive jurisdiction of the courts of the judicial district of Inova Développement's head office.

​ ​13. Limitation of liability regarding water damage

AquaSecure products aim to reduce the risks associated with water damage and promote their rapid detection.

However, Inova Développement does not guarantee the prevention of all claims, infiltrations, mechanical failures, human errors, electrical interruptions, communication failures, or other events that may lead to water-related damages.

The Client remains responsible for :

  • the maintenance of their insurance coverage;
  • the maintenance of their facilities;
  • the management of interventions required following an alert or a notification.

The total liability of Inova Développement regarding a loss or failure of AquaSecure products is limited to the amount paid by the Client for the equipment or services referred to in the twelve (12) months preceding the claim.

Special conditions - Lease package

​ ​14. Purpose of the leasing agreement

The formula allows the Client to use the equipment AquaSecure in exchange for fixed monthly payments over a period of twenty-four (24) months.
Throughout the duration of the contract, the equipment remains the exclusive property of Inova Développement.

The Customer may, however, exercise a purchase option in accordance with the provisions set out in Article 18 herein.

​ ​​15. Contract duration

The lease agreement is concluded for a fixed term of twenty-four (24) months from the date of installation or delivery of the equipment.
The contract does not automatically renew upon its expiry.
At the end of the term, the Client will be able to:
  • return the equipment to Inova Développement;
  • renew the contract according to the conditions then in force;
  • to exercise their purchase option if it is still available.

​ ​16. Payments

Monthly payments are billed in advance and are payable according to the terms agreed upon at the signing of the agreement.
Any unpaid amount will bear interest at a rate of 15% per year from its due date.

Inova Développement reserves the right to suspend the services associated with the equipment in case of late payment.

​ ​17. Early termination

The contract constitutes a firm commitment of twenty-four (24) months.
In the event of early termination by the Client, the entirety of the remaining monthly payments until the contract's expiration becomes immediately due.

However, Inova Développement may accept a specific agreement or a different settlement at its sole discretion.

​ ​18. Purchase option

Subject to all payments stipulated in the contract having been made, the Client may acquire the leased equipment under the following terms:
After twelve (12) months
The Client may purchase the equipment by paying the buyback value indicated in the quote or contract plus any outstanding amount owed to Inova Développement.
la valeur de rachat indiquée à la soumission ou au contrat;

After twenty-four (24) months
Upon expiry of the contract, the Client may purchase the equipment by paying the buyback value stipulated in the contract or quotation.

Exercising the purchase option results in the complete transfer of ownership to the Client.

If this option is not exercised, the equipment remains the property of Inova Développement.

​ ​19. Equipment ownership and maintenance

Until the purchase option is fully exercised, the equipment remains the exclusive property of Inova Développement.

The Client agrees to:
  • use the equipment in accordance with its intended purpose;
  • maintain the equipment in good condition;
  • do not sell, transfer, modify or move the equipment without the written authorization of Inova Développement.

​ ​20. Warranty

As long as the lease agreement is active and payments are up to date, the equipment remains covered by the applicable AquaSecure warranty.
See the warranty document available in the Products section of the website.

The warranty does not cover:
  • damage caused by misuse;
  • unauthorized modifications;
  • vandalism;
  • external disasters;
  • a non-compliant installation;

​ 21. Default of payment

If the Client remains in default of payment for more than sixty (60) days, Inova Développement may:
  • demand immediate payment of all sums due;
  • terminate the contract;
  • to retrieve the equipment at the Client's expense;
  • refer the case to a collection agency.

All administrative, legal and collection costs will be borne by the Client.

​ ​22. Return of equipment

If the Client does not exercise their purchase option at the end of the contract, they must allow Inova Développement to recover the equipment within a reasonable timeframe.

Any equipment lost, destroyed, modified, or damaged beyond normal wear and tear may be charged to the Client at its replacement value in effect at the time of retrieval.