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                          Terms and Conditions of Sale (CANADA)

                  PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY 
                  IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS 
                  WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS 
                  DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
                  This Agreement contains the terms and conditions that apply to 
                  your purchase from Dell Computer Corporation, a Canadian 
                  Corporation ("Dell", "our" or "we") that will be provided to 
                  you ("Customer") on orders for computer systems and/or other 
                  products and/or services and support sold in Canada. By 
                  accepting delivery of the computer systems, other products 
                  and/or services and support described on the invoice, Customer 
                  agrees to be bound by and accepts these terms and conditions.
                  THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS 
                  SIGNED A SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE 
                  THE SEPARATE AGREEMENT SHALL GOVERN.
                  These terms and conditions are subject to change without prior 
                  written notice at any time, in Dell's sole discretion. 
                  1. Other Documents. Other than as specifically provided in any 
                  separate formal purchase agreement between Customer and Dell, 
                  these terms and conditions may NOT be altered or amended by 
                  the use of any other document(s). Any attempt to alter or 
                  amend this document or to enter an order for product(s) or 
                  services and support that are subject to altered terms and 
                  conditions will be null and void, unless otherwise agreed to 
                  in a written agreement signed by both Customer and Dell.
                  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER 
                  SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ONTARIO 
                  AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS 
                  OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA. 
                  THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF 
                  THE COURTS OF THE PROVINCE OF ONTARIO. 
                  3. Payment Terms; Orders; Quotes; Interest. Terms of payment 
                  are within Dell's sole discretion, and unless otherwise agreed 
                  to by Dell, payment must be received by Dell prior to Dell's 
                  acceptance of an order. Payment for the products and services 
                  and support may be made by credit card, wire transfer, or some 
                  other prearranged payment method unless credit terms have been 
                  agreed to by Dell. If credit terms have been agreed to by 
                  Dell, invoices are due and payable within thirty (30) days 
                  after the date of the invoice. Dell may invoice parts of an 
                  order separately. Orders are not binding upon Dell until 
                  accepted by Dell. Any quotations given by Dell will be valid 
                  for the period stated on the quotation. Customer agrees to pay 
                  interest on all amounts past due at a rate of one and one half 
                  percent 1.5% per month (19.56% per year).
                  4. Shipping Charges; Taxes. Separate charges for shipping and 
                  handling will be shown on the invoice(s). Unless Customer 
                  provides Dell with a valid and correct tax exemption 
                  certificate applicable to the product ship-to location prior 
                  to Dell's acceptance of the order, the Customer is responsible 
                  for goods and services tax, sales and all other taxes 
                  associated with the order, however designated, except taxes on 
                  Dell's net income. If applicable, a separate charge for taxes 
                  will be shown on the invoice.
                  5. Title; Risk of Loss. Title to products passes from Dell to 
                  Customer on shipment from Dell's facility. Loss or damage that 
                  occurs during shipping is Dell's responsibility. Title to 
                  software will remain with the applicable licensor(s). Ship 
                  dates are estimates only. Dell is not liable for delays in 
                  shipment or failure to ship by the estimated ship date.
                  6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO 
                  DELL-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION 
                  PROVIDED WITH THE PRODUCTS AND CAN ALSO BE LOCATED ONLINE AT 
                  WWW.DELL.CA. THERE ARE NO WARRANTIES FOR SERVICES. DELL MAKES 
                  NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DELL'S APPLICABLE 
                  WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY 
                  SUCH WARRANTIES WILL BE EFFECTIVE, AND DELL WILL BE OBLIGATED 
                  TO HONOUR ANY SUCH WARRANTIES, ONLY UPON DELL'S RECEIPT OF 
                  PAYMENT IN FULL FOR THE PRODUCT TO BE WARRANTED. 
                  DELL DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR 
                  IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR 
                  CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 
                  PURPOSE. DELL'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED 
                  TO REPAIR AND REPLACEMENT AS SET FORTH IN DELL'S APPLICABLE 
                  WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. DELL 
                  RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS 
                  SOLE DISCRETION.
                  SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED 
                  WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED 
                  WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. 
                  THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
                  7. Software. All software is provided subject to the license 
                  agreement that is part of the package. Customer agrees that it 
                  will be bound by the license agreement once the package is 
                  opened or its seal is broken. Dell does not warrant any 
                  software under this Agreement. Warranties, if any, for the 
                  software are contained in the license agreement that governs 
                  its purchase and use.
                  8. Return Policies. Under Dell's "Total Satisfaction Return 
                  Policy", end-user Customers who buy Dell-branded products 
                  directly from Dell may return them to Dell up to 30 days after 
                  you receive them for a refund of the product purchase price if 
                  already paid. You must prepay return shipping charges and 
                  insure the shipment or accept the risk of loss or damage 
                  during shipment and the refund credit will not include any 
                  shipping and handling charges shown on your invoice, and will 
                  be subject to a fifteen percent (15%) restocking fee, unless 
                  otherwise prohibited by law. Dell's "Total Satisfaction Return 
                  Policy" does not apply to Dell | EMC storage products. Dell's 
                  "Total Satisfaction Return Policy" can be found online at 
                  www.dell.ca or on request.
                  9. Exchanges. From time to time, Dell may, in its sole 
                  discretion, exchange products or portions of a product. Any 
                  exchanges will be made in accordance with Dell's exchange 
                  policies in effect on the date of the exchange.
                  10. Products. Dell continually upgrades and revises its 
                  products and service offerings to provide Dell customers with 
                  new choices. Dell may revise and discontinue products at any 
                  time without prior notice to customers. Dell will ship 
                  products that have the functionality and performance of the 
                  products ordered, but changes between what is shipped and what 
                  is described in a specification sheet or catalogue are 
                  possible. The parts and assemblies used in building Dell 
                  products are selected from new and equivalent-to-new parts and 
                  assemblies in accordance with industry practices. Spare parts 
                  may be new or reconditioned. The quoted Dell SKU numbers for 
                  Dell-branded products are of the quantity specified by Dell 
                  and conform in all material respects with the Dell product 
                  specifications current on the date such products were shipped.
                  11. Dell Software and Peripherals Products. . Any warranty and 
                  technical support provided on third-party products purchased 
                  through Dell's Software and Peripherals Division are provided 
                  by the original manufacturer and not by Dell. These products 
                  may be returned only in accordance with the return policy in 
                  effect on the date of invoice. The warranties and technical 
                  support may vary from product to product. Dell-branded 
                  products purchased through Dell's Software and Peripherals 
                  Division carry the same warranty terms as described in Section 
                  6, Warranties, above. All unopened, non-defective products in 
                  resalable condition purchased through Dell's Software and 
                  Peripherals Division that are returned to Dell are subject to 
                  a fifteen percent (15%) restocking fee. For more information 
                  on Dell's Software and Peripherals Division Warranty and 
                  Return Policies, see the applicable consumer or commercial 
                  segment Web page. 
                  12. Limitation of Liability. DELL (INCLUDING DELL'S PARENTS, 
                  AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT 
                  ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, 
                  INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR 
                  USE, LOST OR CORRUPTED DATA OR SOFTWARE, PRODUCTS SOLD THROUGH 
                  DELL'S SOFTWARE AND PERIPHERALS DIVISION, OR THE PROVISION OF 
                  SERVICES OR SUPPORT. DELL WILL NOT HAVE ANY LIABILITY FOR ANY 
                  DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK 
                  ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF 
                  NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION 
                  SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR 
                  WEAPONS SYSTEMS. DELL WILL NOT BE LIABLE FOR LOST PROFITS, 
                  LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, 
                  CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF 
                  THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD 
                  PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
                  CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE 
                  OF PRODUCTS OR SERVICES, DELL IS NOT LIABLE OR RESPONSIBLE FOR 
                  ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID 
                  BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER 
                  THIS AGREEMENT.
                  THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR 
                  CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, 
                  EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE 
                  OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL 
                  BREACH OR BREACH OF A FUNDAMENTAL TERM).
                  NEITHER DELL NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM 
                  ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS 
                  AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF 
                  NONPAYMENT, MORE THAN EIGHTEEN (18) MONTHS FROM THE DATE OF 
                  LAST PAYMENT.
                  SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF (i) 
                  INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES 
                  OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.
                  13. Dispute Resolution. 
                  A. Acknowledgments Customer acknowledges that Dell possesses 
                  valuable confidential and proprietary information, including 
                  trade-marks and business practices, that would be damaging to 
                  Dell if revealed in open court. The parties further 
                  acknowledge and agree that it is preferable to resolve all 
                  disputes between them confidentially, individually, and in an 
                  expeditious and inexpensive manner. The parties accordingly 
                  acknowledge and agree that private dispute resolution is 
                  preferable to court actions.
                  B. Good Faith Negotiation. Before commencing any arbitration 
                  in the manner set out in Subsection 13(c) below, the parties 
                  shall first attempt to resolve any dispute or differences 
                  between them by way of good faith negotiation. The good faith 
                  negotiation shall commence by each party communicating their 
                  position regarding the complaint, claim, dispute, or 
                  controversy to the other party, and how the parties should 
                  resolve the dispute. The parties shall then make good faith 
                  efforts to negotiate a resolution of the claim, dispute, or 
                  controversy. Neither party shall commence any arbitral 
                  proceedings unless and until the good faith negotiation fails.
                  C. Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN 
                  CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR 
                  FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT 
                  AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO 
                  BINDING ARBITRATION) AGAINST DELL, its agents, employees, 
                  officers, directors, successors, assigns or affiliates 
                  (collectively for purposes of this paragraph, "Dell") arising 
                  from or relating to this Agreement, its interpretation, or the 
                  breach, termination or validity thereof, the relationships 
                  between the parties, whether pre-existing, present or future, 
                  (including, to the full extent permitted by applicable law, 
                  relationships with third parties who are not signatories to 
                  this Agreement), Dell's advertising, or any related purchase 
                  SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING 
                  ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM 
                  ("NAF") under its Code of Procedure and any specific 
                  procedures for the resolution of small claims and/or consumer 
                  disputes then in effect (available via the Internet at 
                  http://www.arb-forum.com, or via telephone at 1-800-474-2371). 
                  The arbitration will be limited solely to the dispute or 
                  controversy between Customer and Dell. Any award of the 
                  arbitrator(s) shall be final and binding on each of the 
                  parties, and may be entered as a judgment in any court of 
                  competent jurisdiction. Information may be obtained and claims 
                  may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 
                  55405, or by e-mail at file@arb-forum.com, or by online filing 
                  at http://www.arb-forum.com.
                  D. Injunctive Relief and Provisional Relief in Aid of 
                  Arbitration. Notwithstanding the provisions in this Section 13 
                  or anywhere else in this Agreement, Dell shall have the right 
                  to seek and obtain any provisional or interim relief from any 
                  court of competent jurisdiction to protect its trade-mark or 
                  property rights or to preserve the status quo pending good 
                  faith negotiation and/or arbitration.
                  14. Applicable Law; Not For Resale. Customer agrees to comply 
                  with all applicable laws and regulations of the various 
                  provinces and of Canada. Customer agrees and represents that 
                  it is buying for its own internal use only, and not for 
                  resale. Dell has separate terms and conditions governing 
                  resales.
                  15. Exports. e Customer acknowledges that the Products 
                  licensed or sold hereunder are subject to, and Customer agrees 
                  to comply with the export control laws and regulations of 
                  Canada and the United States.
                  16. Service and Support. Dell will provide general service and 
                  technical support to Customer in Canada, in accordance with 
                  the then-current service and technical support policies and 
                  conditions in effect. For end-user Customers, Dell promises 
                  that its support people will attempt to handle over the 
                  telephone any problem involving Dell-branded products. 
                  However, Dell's support people may not be able to understand 
                  or resolve any given problem. Service offerings may vary from 
                  product to product. If Customer purchased optional services 
                  and support, Dell and/or a third-party service provider will 
                  provide the optional service and support to Customer in Canada 
                  in accordance with the then-current terms and conditions in 
                  the optional service contract between Dell and/or the 
                  third-party service provider and Customer (available online at 
                  www.dell.ca or by contacting Dell Customer Care at 
                  1-800-847-4096). Dell and/or the third-party service provider 
                  may, at their discretion, revise their general and optional 
                  service and support programs and the terms and conditions that 
                  govern them. The optional services and support programs and 
                  their terms and conditions in place at the time of purchase 
                  will apply to Customer's purchase. Dell has no obligation to 
                  provide service or support until Dell has received full 
                  payment for the product or service/support contract for which 
                  service or support is requested.
                  17. Headings. The section headings used herein are for 
                  convenience of reference only and do not form a part of these 
                  terms and conditions, and no construction or inference shall 
                  be derived therefrom.
                  18. Force Majeure. Dell shall not be liable for any delay or 
                  failure in performance caused by circumstances beyond its 
                  reasonable control.
                  Privacy Reminder: Dell respects your privacy. To review a copy 
                  of our privacy policy outlining our collection, use and 
                  disclosure of your personal information, please click on the 
                  Privacy link at the bottom of the page or call 1-800-387-5759 
                  Ext. 5433 or 416-773-5433. 
                        Policies + Processes


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                        Terms and Conditions of Sale

                        Price and Lease Information

                        Limited Warranty Terms and Service Contracts

                        Dell's Total Satisfaction Return Policy

                        Legal Notices

                        Content Ratings

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