“We,” “us,” and “our” refer
to Integrated, LLC, an Indiana
corporation d/b/a Integrated Security Solutions.
“You” means
the buyer who purchases one or more Products or System
from us.
“System” means any systems or packages
you purchase from us that is comprised of more than one
Product.
“Product” means any hardware you
purchase from us, including all hardware comprising
a System.
These Terms and Conditions of Sale is our entire
agreement with you regarding (a) your purchase of Products
and Systems from us and (b) warranties and returns
of hardware and software you purchase from us.
It supersedes terms and conditions (if any) in any
other agreement between you and us, including those
in any purchase orders, acknowledgment forms, and in
any other documents, forms, or agreements issued
or executed by you or us with respect to the hardware
or software you purchase from us. In the event of any
conflict between the terms of any such document, form,
or agreement, and the terms of these Terms and
Conditions of Sale, the latter shall control.
PAYMENT
Delinquent accounts will be subject to a finance charge
equal to the lower of (a) 30% APR (0.083% per day)
and (b) the highest rate permitted by law. IN EACH
CASE, YOU AGREE TO PAY ALL COSTS AND
EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES,
INCURRED BY US TO COLLECT ANY AMOUNTS OWED BY YOU TO
US IF NOT PAID WHEN DUE.
A $25.00 fee will be applied
to all returned checks.
RETAINED SECURITY INTEREST/COSTS.
As security for payment of the purchase price and all
other amounts owed to us on an order you place with
us, we shall have a security interest in the Product(s)
and/or System(s) sold to you pursuant to that order
until all amounts owed to us are paid in full. In addition,
you authorize us to file all Uniform Commercial Code
financing statements naming you as the debtor necessary
to perfect our security interest in the goods
sold to you.
DELIVERY
Unless otherwise noted, delivery will be made F.O.B.
our facility, with shipping to be paid by you. Risk
of loss passes to you upon delivery by us to common
carrier. Items ordered together are not necessarily
shipped
together due to availability. We will determine prior
to shipment if backorders or substitutes are acceptable.
All shipping and related transit costs for delivery
are non-refundable.
30-DAY RETURN POLICY
If for any reason you are not satisfied with a System,
you may return the entire System to us within 30 days
of the date of the original invoice for the System
(unless the System is an Excluded Item, as defined
below).
If you return the System to us in accordance with
the Terms Which Apply to All Returns, below, within
that 30-day period, we will refund to you the purchase
price of the System (not including any shipping and
handling
charges), after deducting a restocking fee of 15% of
the purchase price. In addition, if cable is not returned
in original, uncut condition, we will deduct a cable
allowance equal to our retail price for a new cable.
(Partial
returns are not accepted under our 30-day Return Policy;
but you are not required to return any cables that
have been cut or are not otherwise in resalable condition.)
If you return a System to us beyond the 30-day
period, we will not return the System to you unless
you request it and pay all expenses of shipment. If
you do not request and pay for us to return the System
to you, it will become our property.
MANUFACTURER’S WARRANTIES
We do not manufacture any of the Products or Systems.
Therefore, we do not provide warranties on any of the
Products or Systems. WE SPECIFICALLY DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY
AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE. We will assist you in the repair or return
of products
covered under a manufacturer’s warranty if you
so request. We assume no responsibility for these warranties.
SOFTWARE RETURN POLICY
Retail software may be returned to us within 30 days
of the date of the original invoice only if the packaging
is unopened and intact. If you return the software
to us in accordance with the Terms Which Apply to All
Returns, below, within that 30-day period, we will
refund to you the purchase price of the software (not
including any shipping and handling charges), after
deducting a restocking fee of 15% of the purchase price.
Opened retail software cannot be returned for a refund.
If you have opened retail software purchased from us
and discover a damaged or defective disc, you may return
it to us in accordance with the Terms Which
Apply to All Returns, and we will replace it with identical
software. With respect to all software, WE DISCLAIM
ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES,
INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We shall have no liability to you for damages of any
kind, whether or not foreseeable, including without
limitation, incidental or consequential
damages arising out of the sale of software to you
or your use thereof (including without limitation loss
of data or indirect, special or consequential damages);
our liability in respect of the software shall be limited
exclusively to replacement of defective media.
Excluded Items
As used in our 30-day Return Policy, the term “Excluded
Item” means any System or Product that
(1) has been improperly handled, stored, installed,
used, maintained, or serviced;
(2) has been used under improper conditions or abused;
(3) has been altered;
(4) has a broken factory seal;
(5) cannot be properly operated due to software viruses
or any other problems associated with software;
(6) is returned in a manner that does not comply with
the Terms Which Apply to All Returns, below, unless
we consent in writing (including by an e-mail to you)
before the items are returned; or
(7) when returned to us,
(a) has physical damage that occurred
after the Product or System was delivered to you (including
damage in transit back to us), such as: foreign material
(adhesive, oil, dirt, gum, etc.); damaged covers, housings,
or cases; dents of any kind; visible scratches; missing
parts (screws, interface cards, components, etc.);
evidence of tampering (eg. broken seals); damaged electronics
(missing buttons, IC chips, etc.); bent casing;
stripped connectors (missing BNC, RCA or power connectors);
or
(b) bears non-manufacturer markings
or labels on the product or original product box, such
as RMA numbers that are not ours, tape, stickers, labels,
labels that cover the serial number, part number, or
any other product identification information; or ripped,
torn, cut or missing packaging.
If you return an Excluded Item to us, we will not return
it to you unless you request it and pay all expenses
of shipment. If you do not request and pay for us to
return the Excluded Item to you, it will become our
property.
TERMS WHICH APPLY TO ALL RETURNS
If you return a Product or System (a “Returned
Item”) for any reason, you must comply with these
requirements:
(1) Contact us to obtain an Return
Merchandise Authorization (RMA) Number. You may submit
a request for an RMA number by e-mailing us or by telephoning
us at 877.580.2288. RMA numbers are not automatically
generated from our website. RMA numbers are issued
via e-mail within 24-48 hours after an RMA request
has been made. Returned Items returned to us without
a valid RMA number may be rejected by us. NOTE: RMA
numbers expire 15 days after issuance, subject to extension
at our sole discretion.
(2) By requesting an RMA number,
you authorize us to charge your credit card for the
cost of shipping the Returned Item back to us [including
insurance covering the Returned Item]. There are no
exceptions. We will not accept CODs.
(3) Pack the Returned
Item in the original box, using the original packaging
materials or an equivalent, and include all disks,
manuals, registration cards, etc. that came with the
Returned Item. If a Returned Item
is returned with any such items missing, or without
any software and/or hardware that were originally included
with the Returned Item, we may deduct the retail price
or the value of the missing items (as determined
by us in our discretion) from any refund you receive.
(4) Please be sure to back up the
hard drive. We recommend the removal or back-up of
any hardware and/or software that you did not purchase
from us before returning a Returned Item for repair.
Please identify to us any such hardware or software
installed on a Returned Item. When you return a Returned
Item, you agree that we are not responsible for any
data loss, or any damage to, loss of, or problems or
damages caused by, such hardware or software.
(5) A copy of the original invoice
must be included with all Returned Items. Completed
RMA forms must be included with all Returned Items.
If the Returned Item is being returned because of a
defect, the RMA form must include a detailed description
of problem.
(6) The RMA number issued by us must
be visible on the outside of the package. Any returns
without a valid RMA number are subject to refusal by
us.
(7) When you send Returned Items
to us, you agree that we are not responsible for any
loss or damage to the Returned Items sustained in transit
to us.
DEFAULT; REMEDIES
In the event we breach these Terms and Conditions of
Sale or otherwise fail to tender conforming Products
and/or Systems or perform our obligations as the seller
of such Products and/or Systems (a “Default”),
your
exclusive remedy shall be to return the Products and/or
Systems to us, at your expense and in accordance with
all provisions in these Terms and Conditions of Sale
that apply to returns.
WE SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS,
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE
OR SIMILAR DAMAGES, OR ANY CLAIMS OR DEMANDS BROUGHT
AGAINST YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF
LIABILITY, INCLUDING, WITHOUT LIMITATION, OUR NEGLIGENCE,
AND EVEN IF WE WERE ADVISED OF THEIR POSSIBILITY. IN
NO
EVENT SHALL OUR AGGREGATE LIABILITY TO YOU ARISING
OUT OF, RELATED TO OR IN CONNECTION WITH THE SALE OF
GOODS TO YOU EXCEED THE PURCHASE PRICE PAID TO US BY
YOU
FOR THOSE GOODS.
ANY ACTION AGAINST US WITH RESPECT TO PURCHASED GOODS
OR ANY DEFAULT MUST BE BROUGHT WITHIN TWELVE (12) MONTHS
AFTER THE CAUSE OF ACTION ACCRUES.
GOVERNING LAW
This agreement and any sales hereunder shall be deemed
to have been made in the State of Indiana and shall
be construed and interpreted according to the laws
of the State of Indiana and the applicable laws of
the United States of America. The parties hereby agree
to the non-exclusive jurisdiction of the courts of
the State of Indiana. The laws of the State of Indiana
govern this agreement, excluding its conflicts of laws
and excluding the United Nations Convention on the
international sale of goods.
COSTS
Prices are subject to change without notice. Clerical
errors are not binding and may be corrected by us at
any time after discovery.
MODIFICATION/ENTIRE AGREEMENT.
No modification, amendment, extension or alleged waiver
of these Terms and Conditions or any provision hereof
will be binding on you or us unless in writing and
signed by the party sought to be bound. The
provisions of these Standard Terms shall be binding
upon and shall inure to the benefit of you and us and
the successors and assigns of both you and us. ANY
AND ALL REPRESENTATIONS, PROMISES OR
STATEMENTS MADE OR GIVEN TO YOU THAT DIFFER IN ANY
WAY FROM THESE STANDARD TERMS SHALL NOT BE BINDING
OR HAVE ANY FORCE OR EFFECT. |