Common use of For Quebec Residents Only Clause in Contracts

For Quebec Residents Only. Clauses Required under the Consumer Protection Act (“CPA”) Open credit contract for the use of a credit card (1) If the consumer uses all or part of the credit extended to make full or partial payment for the purchase or the lease of goods or for a service, the consumer may, if the open credit contract was entered into on the making of and in relation to the sale,lease or service contract,and if the merchant and theopencreditmerchant collaborated with a view to granting credit, plead against the lender any ground ofdefence urgeableagainstthemerchantwho is thevendor,lessor,contractoror service provider. The consumer may also, in the circumstances described in the firstparagraph, exercise against the open credit merchant, or against the merchant’s assignee, any right exercisable againstthe merchantwho is thevendor,lessor,contractor or service provider if that merchant is no longer active or has no assets in Quebec, is insolvent or is declaredbankrupt.Theopen creditmerchant or the merchant’s assignee is then responsible for the performance of the obligationsof the merchant who is the vendor,lessor,contractor or service provider up to the amount of, as the case may be, the debt owed to the open credit merchant at the time the contract is entered into, the debt owed to the assignee at the time it was assigned to himor thepaymenttheopencreditmerchantreceived ifhe assigned the debt. (2) A consumer who is solidarily liable with another consumer for the obligations arising from an open credit contract is released from the obligations resulting from any use of the open credit account after notifying the merchant in writing that he will no longer use the credit extended and no longer intends to be solidarily liable for the other consumer’s future use of the credit extended in advance, and after providing proof to the merchant, on thatoccasion, that he informed the other consumer by sending him a written notice to that effect at his last known address or technological address. Anysubsequentpaymentmade bytheconsumermustbeapplied to thedebts contracted before the notice was sent to the merchant. (3) A consumer who has entered into a preauthorized payment agreement with a merchant under which payments are made out of credit obtained under a credit card contract may end the agreement at any time by sending a notice to the merchant. On receiptofthenotice,themerchantmustcease to collectthepreauthorized payments. On receipt of a copy of the notice, the card issuer must cease debiting the consumer’s account to make payments to the merchant. (4) The consumer is not liable for debts resulting from the use of a credit card by a third person after the card issuer has been notified, by any means, of the loss, theft, or fraudulent use of the card or of any other use of the card not authorized by the consumer. Even if no notice was given, consumer liability for the unauthorized use of a credit card is limited to $50.The consumer is held liable for the losses incurred by the card issuer if the latter proves that the consumer committed a gross fault as regards the protection of the related personal identification number. (5) Withoutdelay attheend ofeachperiod,themerchantmustsendtheconsumer a statement of account. The merchant is not required to send a statement of account to theconsumer at the end of any period if there have been no advances or payments during the period and the outstanding balance at the end of period is zero. (6) If the consumer makes a payment at least equal to the outstanding balance at theendoftheprecedingperiodwithin21daysafter thedateoftheendofthe period,nocreditchargesmay be requiredfromtheconsumeron thatoutstanding balance,except as regards money advances. In the case of a money advance, chargesmayaccrueasofthedateoftheadvanceuntilthedateofpayment. (7) The consumer may demand that the merchant send, without charge, a copy of thevouchers for each of the transactions charged to the accountduring the peri- od covered by thestatement.Themerchantmustsendthecopy of thevouchers requestedwithin60days afterthedatetheconsumer’srequestwassent. (8) Until the consumer receives a statement of account at his address or techno- logicaladdress ifexpresslyauthorized by the consumer,themerchantmustnot claim credit charges on the unpaid balance, except as regards money advances.

For Quebec Residents Only. Clauses Required under the Consumer Protection Act (“CPA”) Contract extending variable credit for the use of a credit card (Applicable UP TO and INCLUDING July 31st 2019) Open credit contract for the use of a credit cardcard (Applicable ON or AFTER August 1st 2019) (1) If the consumer uses all or part of the credit extended to make full or partial payment for the purchase or the lease of goods or for a service, the consumer may, if the open credit contract was entered into on the making of and in relation to the sale,, lease or service contract,, and if the merchant and theopencreditmerchant the open credit merchant collaborated with a view to granting credit, plead against the lender any ground ofdefence urgeableagainstthemerchantwho of defence urgeable against the merchant who is thevendor,the vendor, lessor,contractoror , contractor or service provider. The consumer may also, in the circumstances described in the firstparagraphfirst paragraph, exercise against the open credit merchant, or against the merchant’s assignee, any right exercisable againstthe merchantwho against the merchant who is thevendor,the vendor, lessor,, contractor or service provider if that merchant is no longer active or has no assets in Quebec, is insolvent or is declaredbankrupt.Theopen creditmerchant declared bankrupt. The open credit merchant or the merchant’s assignee is then responsible for the performance of the obligationsof obligations of the merchant who is the vendor,lessor,, xxxxxx, contractor or service provider up to the amount of, as the case may be, the debt owed to the open credit merchant at the time the contract is entered into, the debt owed to the assignee at the time it was assigned to himor thepaymenttheopencreditmerchantreceived ifhe him or the payment the open credit xxxxxxxx received if he assigned the debt. (2) A consumer who is solidarily liable with another consumer for the obligations arising from an open credit contract is released from the obligations resulting from any use of the open credit account after notifying the merchant in writing that he will no longer use the credit extended and no longer intends to be solidarily liable for the other consumer’s future use of the credit extended in advance, and after providing proof to the merchant, on thatoccasionthat occasion, that he informed the other consumer by sending him a written notice to that effect at his last known address or technological address. Anysubsequentpaymentmade bytheconsumermustbeapplied Any subsequent payment made by the consumer must be applied to thedebts the debts contracted before the notice was sent to the merchant. (3) A consumer who has entered into a preauthorized payment agreement with a merchant under which payments are made out of credit obtained under a credit card contract may end the agreement at any time by sending a notice to the merchant. On receiptofthenotice,themerchantmustcease receipt of the notice, the merchant must cease to collectthepreauthorized collect the preauthorized payments. On receipt of a copy of the notice, the card issuer must cease debiting the consumer’s account to make payments to the merchant. (4) The consumer is not liable for debts resulting from the use of a credit card by a third person after the card issuer has been notified, by any means, of the loss, theft, theft or fraudulent use of the card or of any other use of the card not authorized by the consumer. Even if no notice was given, consumer liability for the unauthorized use of a credit card is limited to $50.The 50. The consumer is held liable for the losses incurred by the card issuer if the latter proves that the consumer committed a gross fault as regards the protection of the related personal identification number. (5) Withoutdelay attheend ofeachperiod,themerchantmustsendtheconsumer Without delay at the end of each period, the merchant must send the consumer a statement of account. The merchant is not required to send a statement of account to theconsumer the consumer at the end of any period if there have been no advances or payments during the period and the outstanding balance at the end of period is zero. (6) If the consumer makes a payment at least equal to the outstanding balance at theendoftheprecedingperiodwithin21daysafter thedateoftheendofthe the end of the preceding period within 21 days after the date of the end of the period,nocreditchargesmay , no credit charges may be requiredfromtheconsumeron thatoutstanding required from the consumer on that outstanding balance,, except as regards money advances. In the case of a money advance, chargesmayaccrueasofthedateoftheadvanceuntilthedateofpaymentcharges may accrue as of the date of the advance until the date of payment. (7) The consumer may demand that the merchant send, without charge, a copy of thevouchers the vouchers for each of the transactions charged to the accountduring account during the peri- od period covered by thestatement.Themerchantmustsendthecopy the statement. The merchant must send the copy of thevouchers requestedwithin60days afterthedatetheconsumer’srequestwassentthe vouchers requested within 60 days after the date the consumer’s request was sent. (8) Until the consumer receives a statement of account at his address or techno- logicaladdress ifexpresslyauthorized technological address if expressly authorized by the consumer,themerchantmustnot , the merchant must not claim credit charges on the unpaid balance, except as regards money advances.