1. Hobart Canada offers end users the option of financing machines and accessories to acquire Hobart Canada dishwashing, cooking, refrigeration and preparation technologies with a special buying program by means of an installment purchase plan.
2. The order form is used as an application for a purchase contract with the intention of entering into an installment payment agreement. The conditions related to the installment payment agreement are outlined in Appendix A. By signing the application, the buyer accepts, without limitation, the conditions listed therein.
3. The purchase contract becomes effective with the signature of the buyer when the order has been confirmed by Hobart Canada (seller)
4. The buyer shall provide details on the nature of his business activity as well as pertinent personal and company information so that Hobart Canada may proceed to a credit assessment (Application Form). If necessary, Hobart Canada may, for further security, request a credit report from the potential buyer.
5. Hobart Canada reserves its right to reject an application for an installment purchase. Pertinent information in this regard shall be transmitted to the potential buyer as well as the specialized dealer.
6. For proper processing of the contract, it is important that all information provided on this form be complete, correct, and legible.
7. The equipment covered by the installment purchase agreement consists of Hobart dishwashers, cooking, refrigeration, and food preparation machines listed in the food equipment dealer price book, their accessories (in the price book) as well as their installation & start-up. The goods are “Delivered at Place” to a designated address. Consumer goods (chemicals), third-party accessories (non-Hobart) and maintenance/inspections are excluded.
8. The manufacturer will rectify defects during the warranty period. The buyer is free to commission a service partner of his/her choice for maintenance as per warranty as stated in Hobart Canada’s Terms & conditions policy (https://www.hobart.ca/terms-and-conditions), exceptions would be if the buyer has agreed to purchase service from Hobart Canada.
9. General order processing
a. After credit and data verification, Hobart Canada will send a confirmation to the buyer that the order has been accepted as well as installment terms
b. After acceptance, installation and start-up, Installments are calculated by Hobart Canada
c. The starting date of installment payments will be indicated on the invoice
d. With the financing concept, a period of grace of 2 months is granted to the buyer.
e. Further to this period, the payments to be made shall, in principle, be due 30 days after the receipt of the equipment and repeat on that date each month until the end of the term.
f. Payments can be collected through Credit card, Direct Debit or Post dated cheque.
10. In some particular cases, the buyer was referred to the EasyPay Program by a specialized dealer that took care of the sale. Hobart Canada commits to credit the dealer with the mark up (difference between the quote of the seller and the amount the buyer pays), and the rebate they would have earned on the sale.
Hobart Canada and the buyer hereinafter are also referred to collectively as the “parties” and individually as the “party.”
Pursuant to the present order, the parties have drawn up a sales/work delivery contract for the supply of a dishwasher, cooking, refrigeration, and/or preparation technology device (including accessories) according to the specifications stated on the order – hereinafter also referred to as “items delivered” and concluded. As such referenced thereon.
The following installment agreement (also called “The Agreement”) is concluded between the parties:
1. Purchase Price
The purchase price agreed in the order and in the sale/work delivery contract is hereby again recognized by the buyer who accepts to pay by installments.
2. Installments
a. The Buyer commits to pay the purchase price in equal monthly installments.
b. As agreed, a grace period of 1 calendar month is granted, starting from the date set on the invoice.
c. The amount of each installment is calculated from the contract period selected on the order (12/24/36/48/60 months OAC) and from the underlying amount to be financed.
d. The installments must be paid to Hobart Canada monthly in advance and are due 30 days after the receipt of the equipment and repeat on that date each month until the end of the term.
3. Late payment
a. If the buyer falls behind by a full or partial monthly installment for more than 2 weeks, Hobart Canada has the right to terminate the agreement.
b. By withdrawing from this agreement in writing, Hobart Canada has the right to demand immediate payment of the remaining purchase price, including all interest and fees.
c. From this point in time, any outstanding purchase price is subject to interest at 9 percentage points above the base rate. The assertion of further damages is not excluded.
4. Obligation to return
Upon receipt of the declaration of withdrawal as a result of section 2 aforementioned, the buyer is no longer entitled to use the items delivered. He hereby declares himself ready to surrender the delivered items to Hobart Canada or to a 3rd party commissioned by Hobart Canada at its request. The buyer is liable to pay at all costs, charges, and expenses incurred for returning the equipment, including its safeguarding.
5. Ownership
a. Hobart Canada general terms and conditions are listed at website between the parties in the present purchase contract / contract for work and services and are reconfirmed in this agreement, specifically Section 9 – retention of title, except the provisions of section 9, No. 2, a- d.
b. Insofar as the claim including interest and all other fees has not been met, the buyer is not entitled to sell, process / remodel or mortgage inseparably bound delivered items or transfer them as collateral
c. In some particular cases, Hobart Canada can extend a permission by writing provided appropriate security has been obtained.
6. Duty of Care
a. As long as there are no arrears in the installments, the buyer shall be entitled to use the delivered goods during the term of this Agreement in accordance with the provisions of the Hobart Canada operating and maintenance instructions.
b. The buyer has the obligation to maintain the goods with care for as long as ownership of the property has not yet passed over to him
c. In particular, the buyer has the obligation to adequately insure, at his own expense, the delivered goods at
replacement value against theft, fire, and water damage
d. The buyer must provide in timely manner and at its own expense, any necessary maintenance and / or inspection work. He / She shall immediately notify Hobart Canada of any damage whatsoever.
e. Value-reducing interventions are prohibited
f. Without written permission from Hobart Canada, the buyer is not entitled to move the delivered goods from one location to the other. The buyer must immediately inform Hobart Canada by writing of any new place of use / storage.
7. The laws of Canada govern this agreement. The parties agree that the place of jurisdiction of Ontario.
8. Final provisions
Should any individual provision of this agreement become a wholly or partially ineffective or void as a result of a change of laws or through the rulings of highest courts or in any other way become wholly or partially ineffective of void, or if the escape clauses are found within the agreement, the parties agree that the remaining provisions of this agreement thereof remain unaffected and valid.
In such a case, the parties taking into account the principle of good faith, commit themselves to agree to replace the invalid provision by an effective one which will be as close as possible to the meaning and purpose of the invalid provision to which the parties would have given their consent to at the time of the conclusion of the agreement, had they known or foreseen the invalidity or nullity. The same shall apply if escape clauses are identified within the contract.
Any additional questions?
Simply get in touch with your trusted Hobart Canada representative or email customer.care@hobart.ca.