General Terms and Conditions of sale and use

PREAMBLE

FLOWSTOP CANADA INC. Company incorporated under the Canadian Business Corporations Act whose head office is located at 12449, rue Crevier, Montréal (Québec) Canada H4K1R3 (hereinafter referred as “FLOWSTOP Canada/Seller/Distributor”);

Following its acceptance, this contract is transmitted to the Customer by the Seller. This specifies the conditions of sale and use of the FLOWSTOP anti-flooding device (hereinafter referred to as the “Product”).

The Customer acknowledges having read these General Conditions of Sale and Use (hereinafter referred to as the “Terms and conditions”) and agrees to be bound by them.

The Customer acknowledges that acceptance of the Terms and conditions is required prior to the manufacture and delivery of the Product.

These Terms and conditions constitute the only valid contract between the parties and replace any previous agreement to the same effect.

ARTICLE 1 – ONLINE ORDERING PREREQUISITES

Article 1.1 – Measuring openings to be protected

Prior to any order on the website www.flowstop.ca in the Quote and order tab, the Customer must complete an online Quote Request in order to validate the types of openings and their dimensions and wait to receive a price confirmation from FLOWSTOP Canada according to the quotes submitted.

It is agreed that the Customer himself measures each opening to be protected with a measuring tape in centimeters or inches and for this purpose he remains totally responsible for the accuracy of the measurements to the full exoneration of the Seller.

The maximum margin of error is within 1 centimeter or ¼ inch. Any greater deviation risks compromising the effectiveness of the Product for which the Seller disclaims all liability.

Article 1.2 – Validation of measurements, order and production of the Product

Following receipt of the price confirmations communicated by FLOWSTOP Canada according to the measurements provided by the Customer (quote), the Customer validates and confirms the order. This validation and confirmation constitutes acceptance of the Terms and conditions as well as irrevocable confirmation of the quantities and sizes of Products to be produced according to the Customer’s requirements.

The customer acknowledges that production is only started after receipt of full payment of the invoice online according to the payment methods offered (Credit card, Apple Pay, Google Pay).

It is agreed that FLOWSTOP Canada does not make any refunds or credits for a change of order after the start of manufacturing of the Product. The Customer therefore acknowledges that the order is final.

ARTICLE 2 – OBLIGATIONS OF FLOWSTOP Canada

Article 2.1 – Supply of the Product

FLOWSTOP Canada undertakes to provide the Product to the Customer in accordance with the Quote which was accepted by the Customer. Delivery takes place no later than 6 weeks after acceptance of these Terms and conditions during the online payment of the invoice.

Article 2.2 – Accessories and User Guide

FLOWSTOP devices are delivered with a manual inflation pump per batches of 5 devices or less and with a self-contained electric compressor with universal adapter, when the order is for a batch of 10 devices or more.

The devices are delivered with a User Guide. The Customer can also watch online video tutorials accessible from the website www.flowstop.ca, Good to know section.

FLOWSTOP Canada adds an additional 1 to 3 centimeters (0.39 to 1.18 inches) to the indicated width to ensure watertightness at the time of installation. The Customer is informed that by inflating the Product in the opening, it is normal and necessary to force the Product into the opening in order to ensure its tightness. This deviation does not constitute a manufacturing defect.

Article 2.3 – Delivery

Article 2.3.1 Unless otherwise agreed in writing between the Customer and FLOWSTOP Canada, delivery of the Product will take place to the address indicated by the Customer on the online order.

Article 2.3.2 The Customer will take possession of the Product at the time of delivery by the FLOWSTOP delivery company to the address indicated on the order. He will have previously received notification of delivery via his email address or telephone.

Article 2.3.3 When the Customer’s order contains more than one item, all items will be delivered at the same time or as soon as possible thereafter, once all items are available.

Article 2.3.4 All dates specified by FLOWSTOP Canada or by FLOWSTOP delivery company for delivery of the Product are indicative only and non-compliance with delivery times does not constitute a default by FLOWSTOP Canada.

Article 2.3.5 In the event of a shipping delay, a notification will be sent to the Customer by FLOWSTOP Canada or by FLOWSTOP delivery company via the email address or telephone provided by the Customer to inform and notify them of a new delivery date.

Article 2.3.6 FLOWSTOP Canada will not be responsible for any direct or indirect loss of the Product, nor for any costs, damages, charges or expenses whatsoever caused directly or indirectly by any delay in the delivery of the Product (even if they are caused by the negligence of the FLOWSTOP delivery company). No delay entitles the Customer to obtain a refund of the sums paid for the purchase of the Product.

Article 2.3.7 If, for any reason, the Customer does not accept delivery of the Product, if the transport company of FLOWSTOP is not able to deliver the Product on the scheduled date (nor following the delivery date postponed according to article 2.3.5), if the delivery address indicated on the order is not accessible or if the Customer has not provided the appropriate instructions for delivery, it is agreed that:

the risks of loss of the Product will be, from one of the events listed above, entirely assumed by the Customer;
as far as the Seller is concerned, the Products will be deemed to have been delivered on the delivery date stated above;
FLOWSTOP delivery company may retain the Products until delivery at the expense of the Customer, the latter being responsible for all associated costs and expenses (including, without limitation, storage and insurance costs ) from one of the events listed above.

Article 2.3.8 Non-delivery

The quantity of any shipment of Products recorded by the delivery company of FLOWSTOP when shipped from the place of manufacture of the Product is presumed to be the final proof of the quantity of Products received by the Customer on delivery as well as of the quality of the Products delivered, unless the Customer can provide conclusive written proof (photo or video) clearly demonstrating a deficiency in the quantity or quality of the Products according to the conditions in paragraph b);
FLOWSTOP Canada will not be liable for any non-delivery of the Product (even if caused by the negligence of FLOWSTOP delivery company) unless the Customer gives FLOWSTOP Canada a written notice of the non-delivery. -delivery within 5 days following the date on which the Product should have normally been delivered or within 5 days of any new date communicated according to article 2.3.5.

To be valid, this written notice must contain the following information: proof of receipt of the Product (transport coupon from the delivery company being the only proof accepted), a video description of the Products confirming incomplete delivery or their defect at the time of delivery, a copy of the quote as well as a copy of the Customer’s initial order, all of which must be communicated to FLOWSTOP Canada within 5 days of delivery;

In order to facilitate receipt of the Products, FLOWSTOP Canada recommends that the Customer check the Products upon delivery as well as test their use at the various openings.

Article 2.4 – Return policy

Custom-designed products made to measure according to the dimensions provided by the Customer will not be refundable or exchangeable in the event of breakage, problems linked to incorrect measurement or incorrect information provided by the Customer.

Subject to the conditions of paragraph 2.3.8 b), custom-designed Products will however be refundable and returnable if they present manufacturing defects, hidden defects or any other problem resulting from the design of the Products.

Upon receipt of his order, the Customer must check the contents to ensure that all the Products ordered are those he received and check whether the goods were damaged during delivery. Any damaged package must be reported to FLOWSTOP Canada within 5 days of receipt of the order following the requirements of paragraph 2.3.8. b).

No return or exchange of Products will be accepted without a written request from the Customer and the authorization of FLOWSTOP Canada. The customer is responsible for properly protecting and packaging the returned Product.

Still under the conditions of paragraph 2.4.8 b), only damage reported by the Customer and confirmed by FLOWSTOP Canada will be accepted. No return of Product damaged due to transport reported 5 days after receipt of the order will be accepted. Unless it is a manufacturing defect, the costs relating to the replacement of the Products will be the responsibility of the Customer.

Article 2.5 – Responsibility of FLOWSTOP Canada in the event of flooding

FLOWSTOP Canada is not responsible for the deployment or installation of FLOWSTOP Canada devices in the event of flooding. Installation of the product is the sole responsibility of the Customer.

The Customer understands that a flood is a case of force majeure within the meaning of the Civil Code of Quebec and that the Products are designed only to protect openings during flooding. Furthermore, no device can prevent the course of a flood or its consequences. The Client therefore understands and confirms that in the event of a risk of flooding, he is responsible for having taken a set of measures to protect his building (see article 3.2.2 below) and that FLOWSTOP Canada is not subject to to an obligation of result.

Consequently, FLOWSTOP Canada cannot be held responsible for any damage caused by flooding.

ARTICLE 3 – CUSTOMER OBLIGATIONS

Article 3.1 – Communication of information

The Customer undertakes to collaborate with FLOWSTOP Canada and to send it all the information requested as part of the execution of the Terms and conditions.

Article 3.2 – Customer liability in the event of flooding

Article 3.2.1 The Customer is responsible for deploying FLOWSTOP devices in the event of flooding.

Article 3.2.2 FLOWSTOP Canada is not responsible for any damage caused by Customer’s failure to properly or timely install the Flood Products or for any other damage to the building during installation, including without limitation:

failure to properly seal any door or opening to which the Products are affixed;
the Client’s inability to correctly assess his property (house, building or premises) in order to establish all possible or probable entry points for water infiltration (compliance of his foundation, exterior covering and of its opening frames);
the fact that the flood waters exceed the height of the Products or the foundation;
Customer’s failure to properly test the Product after installation;
Customer’s inability to properly inflate the FLOWSTOP device;
not using any other protective measures (having a submersible pump, anti-valve return, generator, drain protector, etc.).

Article 3.2.3 FLOWSTOP Canada does not offer any guarantee other than those stipulated herein.

ARTICLE 4 – CONFIDENTIALITY

Confidential Information is considered to be any information, of any nature whatsoever, which is not in the public domain, of which the party receiving it knows or has reason to believe that it is confidential information or trade secrets belonging to the other party, or any information that one of the parties is required to keep confidential (for example by virtue of contractual or other obligations towards a third party). All Confidential Information disclosed pursuant to this agreement will remain the sole property of the disclosing Party.

ARTICLE 5 – PRICE AND PAYMENT

Article 5.1 – Prices and delivery costs

The prices displayed on the website www.flowstop.ca, in quotes and orders, are in Canadian dollars (CAN) and only this currency is accepted for payment of the order. Taxes applicable in Canada are added to the payment.

Article 5.2 – Payment

The price invoiced to the Customer is the price indicated on the quote and on the order on the website www.flowstop.ca. The total invoice amount is payable when received by email.

Payment is made via credit card, Apple Pay or Google Pay directly from the invoice.

ARTICLE 6 – COMMERCIAL NOTICES

The Client authorizes FLOWSTOP Canada to mention its name on all communication media for reference purposes.

ARTICLE 7 – GENERAL PROVISIONS

Article 7.1 – General

The headings of the articles in this contract are intended only to facilitate reading and cannot have any effect on its interpretation. No provision of the contract will be deemed to have been waived, supplemented or modified by one of the Parties without a prior written act signed by the authorized representatives of both Parties in the form of an amendment expressly relating to the decision to waive the contract. application of a clause, to supplement it or to modify it.

Article 7.2 – Entire contract

The Terms and conditions constitute the entire contract agreed between the Customer and FLOWSTOP Canada and replace any other prior agreement, written or oral, relating to the subject matter hereof.

Article 7.3 – Guarantee

All FLOWSTOP Products are guaranteed from the date of purchase for a maximum period of 5 years. The warranty covers any defects in materials or workmanship for as long as the original purchaser owns the Products, provided the Products have been installed in accordance with the Installation Guide instructions provided with the Product.

The warranty does not cover damage resulting from misuse, abuse, modification, storage below freezing, or exposure to corrosive materials. This warranty does not apply to the natural characteristics of the product or to damage caused by normal wear and tear of the Product.

FLOWSTOP Canada’s liability is systematically limited to the value of the Product in question, value on its date of sale.

The Customer benefits from the legal guarantees for the quality and durability of the Products provided for by the Consumer Protection Act.

Article 7.4 – Force majeure

The Parties cannot be held responsible for a failure to fulfill any of their obligations under the contract which results from the occurrence of an event of force majeure, as defined in the Civil Code of Quebec.

ARTICLE 8 – INTERPRETATIVE PROVISIONS

8.1 This agreement is governed by the laws of Quebec which apply there, except in the event of inconsistency with the provisions herein, which take precedence;

8.2 Each of the articles or paragraphs of this agreement is interpreted separately and the invalidity of one of them does not have the effect of invalidating this entire agreement;

8.3 All rights mentioned in this agreement are cumulative and not alternative;

8.4 The fact that a party to this agreement has not insisted on the full execution of any of the commitments agreed herein or that it has not always exercised any of its rights conferred therein, should not be considered as a waiver for the future of such right or performance of such commitment. Unless otherwise stated, any waiver by one of the parties to this agreement of any of its rights is effective only when established in writing and any such waiver is only attributable to the rights and circumstances expressly covered by said waiver;

8.5 The parties hereto agree that any judicial or quasi-judicial procedure that may be instituted by one of them in relation to this agreement may be instituted before the competent authority in the judicial district of Montreal;

For this purpose, this agreement is deemed to have been signed and concluded in Montreal;

8.6 Any notice required hereunder is sufficient if recorded in writing and sent by a method of communication which allows the sending party to prove that said notice was actually delivered to the receiving party.

For any additional information regarding the privacy of this site, please contact us:

Contact details
FlowStop Canada Inc.

By email :
[email protected]

By phone :
1-833-FLOWSTP
1-833-356-9787

By mail :
12449, Crevier, Montreal (Quebec) Canada, H4K 1R3