NOTICE TO BUSINESS CUSTOMERS: If you are purchasing for business use, Dell's Canadian Commercial Terms of Sale also available at www.dell.ca/terms will apply to you instead of these terms.
1. Application. These Consumer Terms of Sale (“Terms”) apply to all purchases you make from Dell Canada Inc. for consumer products, software, services or support (“Product”) in Canada.
2. Orders, Acceptance and Cancellation. Your order is an offer to buy. Dell may send an order confirmation email to acknowledge receipt of your order, but Dell does not accept your order until we send you notice that the Product has shipped. Dell may process payment for and ship parts of an order separately. Dell reserves the right at any time, even after we send you a confirmation email, or ship a product to you, to decline or cancel your order or to limit or reduce order quantities for any reason, including for pricing or other errors, supply constraints or suspected fraud. We may also cancel orders if we believe you are purchasing products for the purpose of reselling them.
3. Pricing and Availability. Prices and promotions are subject to change. If an error impacts your order, or a Product ordered is no longer available, we will either contact you for instructions, give you alternative options, or cancel all or part of your order. If there is a delay in shipping your order, we may communicate a new delivery date or cancel your order.
4. Taxes and Fees. Dell’s prices exclude sales and other taxes associated with your order. Your order confirmation or invoice will identify any applicable GST, PST, QST or HST added to your total charges and any environmental handling fee applicable in the province where you live. Dell will charge the one or more credit cards that you provide unless you have arranged for financing through Dell Financial Services Canada Ltd.
5. Shipping. Title to the Product (excluding software) passes to you when the Product is delivered to your shipping address. Software is licensed to you and not sold. You are responsible for inspecting the package(s) at the time of delivery and must identify any visible damage on the delivery receipt that the carrier asks you to sign. For security purposes, the carrier may ask you to present valid identification in order for you to collect your package. Dell is not responsible for any visible shipping damages not noted on the delivery receipt or for any carrier identification requirements.
6. Other Terms. The Terms also consist of Dell’s:
a. Return Policy
If the Product you purchase is eligible for return, you must ask for a return authorization number and return the Product to Dell at the address specified by Dell in its original or similar packaging within 30 days of the invoice date. Some products cannot be returned (e.g. servers, storage, etc.), and you can find other details of your return rights at the return link located at: www.dell.ca/returns (English) or www.dell.com/fr-ca/lp/return-policy (French). Dell reserves the right to charge a restocking fee in certain circumstances.
b. Consumer Warranties
Dell's limited hardware warranty covers repairs of defects in materials and workmanship in the Dell branded Products that you buy. Your order confirmation or invoice will identify the duration of the warranty provided by Dell (typically one year but can be upgraded). MORE DETAILS ON THE LIMITED WARRANTIES ARE FOUND AT THE CONSUMER WARRANTIES link located at: www.dell.com/learn/ca/en/cacorp1/terms-of-sale-consumer-warranties (English) or www.dell.com/learn/ca/fr/cacorp1/terms-of-sale-consumer-warranties (French). FOR QUEBEC RESIDENTS ONLY: YOU MAY HAVE A WARRANTY AVAILABLE UNDER QUEBEC LAW. For more information on this legal warranty, go to the website of the Office de la protection du consommateur at www.opc.gouv.qc.ca.
c. License Agreements
If any software provided by Dell for support or service does not have its own license agreement presented through a click or other similar mechanism, Dell software is subject to license terms that can be found at the license agreements link located at www.dell.com/eula_translations (Choose Canada - English or French). Third Party Software or Products are subject to license provisions presented or provided by the applicable third party provided.
d. Consumer Service Contracts (for bundled services or separate services purchases)
Dell will provide technical support through remote diagnosis and a repair service for issues covered by (and for the duration of) the Product warranty. Your order confirmation summary or invoice will list the type of repair service (remote diagnosis followed by onsite/in-home or mail-in depot repair). Depending on the province where you live, you may be responsible for the costs of shipping Product to our depot repair facilities and/or long distance charges for telephone support. Dell sometimes bundles one or more support offerings under titles such as Basic Support, Premium Support or Premium Support Plus. Dell also offers other service offerings for a fee (such as out of warranty technical support, hardware installation services, accidental damage coverage and software related telephone support). In all circumstances, your order confirmation or invoice will indicate the services that are part of your order. These services are provided in accordance with these Terms and the applicable “Service Contracts” found at the Service Contracts link located at www.dell.com/learn/us/en/uscorp1/campaigns/global-consumer-service-contracts (Choose Canada - English or French). Dell may revise its general and optional service and support programs and the terms and conditions that govern them without prior notice to you.
Dell’s privacy statement for Canada located at www.dell.ca/privacy (English) or www.dell.com/learn/ca/fr/cacorp1/policies-privacy (French) describes how Dell collects, uses and shares your personal information. In addition, telephone communications with us, our agents or independent contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording.
7. System Data. Dell may collect data on the configuration, operation, performance and use of Products and Services (“System Data”). System Data does not encompass any production data stored or processed by you on or with a Product or Service. Dell will treat any personal information collected in System Data in accordance with the privacy statement listed above. System Data may be used by Dell to (a) support or carry out its provision of Products or Services to you, (b) enhance or propose enhancements to your use or expansion of Products or Services or (c) exercise or fulfill its legal rights and obligations (collectively referred to as the “Purpose”). Any transfer of System Data to third parties will be consistent with the Purpose and applicable laws, and subject to protections appropriate for your confidential information. Subject to any mandatory statutory rights that you or any third parties may have, Dell will exclusively own and retain all rights in System Data that is anonymized, i. e. that neither identifies you nor is personally identifiable with an individual (“Anonymized System Data”). Such data will be considered confidential to Dell, and Dell may use or share Anonymized System Data for any lawful technical or commercial purposes. Your disablement of related telemetry collection features may entail disruption or disablement of the Product or Service, as advised by Dell in the documentation or otherwise. Additional information concerning System Data may be included in the applicable product documentation or Service Contracts.
8. Warranty Disclaimer; Disclaimer of Third-Party Products. SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT AND THIRD PARTY PRODUCTS OR SERVICES, ARE PROVIDED "AS IS." EXCEPT AS STATED IN SECTION 6b, DELL PROVIDES NO OTHER WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. IF YOU BUY A NON-DELL BRANDED PRODUCT FROM DELL, YOU MUST ADDRESS ALL ISSUES RELATED TO THAT PRODUCT WITH THE THIRD PARTY MANUFACTURER OR DEVELOPER AND DELL WILL NOT BE REPSONSIBLE OR LIABLE FOR THOSE PRODUCTS WHATSOEVER.
9. Receiving Warranty or Service Support; Data Backup. Losing data stored on your system is always upsetting. IT IS YOUR RESPONSIBILITY TO BACK UP ALL EXISTING DATA, SOFTWARE AND PROGRAMS BEFORE RECEIVING SERVICES OR SUPPORT (INCLUDING TELEPHONE SUPPORT). DELL AND ITS SERVICES PROVIDERS WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY DELL OR ITS SERVICE PROVIDER. Parts used in repairing or servicing Product(s) may be new, equivalent-to-new, or reconditioned.
10. Limitation of Liability. In no event will Dell be liable for: (i) any indirect, consequential, exemplary, incidental or punitive damages; (ii) loss of profits, wages, or data, or for value associated with your time; (iii) business related expenses; or (iv) loss of credit or harm to your credit rating. YOU AGREE THAT DELL’S LIABILITY ARISING FROM THESE TERMS AND ANY DISPUTE OR SERIES OF RELATED DISPUTES UNDER THESE TERMS WILL BE CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT (OR SERVICE) AT ISSUE. Notwithstanding the foregoing, Dell’s sole and entire liability for any order that it cancels is to issue a refund to the original payment method.
11. Purchases may not be resold or exported. Your purchase is for your own use, not for resale, export, re-export or transfer. Your purchase is subject to and you are responsible for compliance with the export control and economic sanctions laws of Canada and the United States and other applicable jurisdictions (“Export Laws”). Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to the Export Laws.
12. Governing Law. EXCEPT IF YOU LIVE IN QUEBEC, THESE TERMS AND ANY DISPUTE BETWEEN YOU AND DELL WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO CONFLICTS OF LAW. IF YOU LIVE IN QUEBEC, THESE TERMS AND ANY DISPUTE BETWEEN YOU AND DELL WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF QUEBEC AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO CONFLICTS OF LAW.
13. Dispute Resolution. To the maximum extent permitted under applicable law, YOU WAIVE ANY RIGHT TO LITIGATE DISPUTES AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, OR A CONSOLIDATED ACTION. Neither you nor Dell may join or consolidate claims of others or participate in any claim as a class representative or a class member. Before you begin a law suit or arbitration, on an individual basis, against Dell, you must first try and resolve the dispute with Dell or any claim you may have against Dell through good faith negotiations. You will notify Dell that you are invoking your right under this Section 13 to negotiate a resolution to your dispute and/or resolve your claims. You and Dell will then each communicate a position to each other and the parties will make good faith efforts to negotiate a resolution. If negotiations fail to resolve the dispute or your claims, you are then entitled to make a claim against Dell on an individual basis: (i) through arbitration to be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org; or (ii) by filing a claim against Dell, in small claims court located in Ontario, or in the province where you reside.
Consumer Terms and Conditions of Sale (Canada)
Revision Date: June 2024
END OF AGREEMENT