ASSURED COMPUTING TECHNOLOGIES, Inc.
Terms and Conditions
SALE: Seller agrees to sell and Buyer agrees to buy the parts, equipment and services listed (hereinafter PRODUCTS) in accordance with the terms set forth below. Any additional considerations must be noted in an addendum to be considered valid. (Verbal agreements will not be recognized outside of the scope of this document.)
WARRANTY: Hardware Products are sold in new condition, unless otherwise noted as Used or Refurbished. All new items are sold with a 3 year warranty on repair or exchange. Service is covered for the first 90 days, after which the End user is responsible for installation/service cost if not covered by Manufacturer specific warranty. This warranty only applies to the actual hardware used in the installation at the client site as supplied by Assured Computing Technologies, Inc. Hardware supplied by the end user which is connected to or used in conjunction with our equipment is never covered, and in the event causes problems or malfunctions with our installed equipment will invalidate all existing warranty claims. Warranty period begins when product has been installed on the customer site. Buyer must provide proof of warranty to make any claim under this warranty. No other forms will be accepted. Warranty does not cover any misuse, neglect or abuse, the improper handling, customer installation, acts of God and elements which affect any products. Seller will not be liable for any direct, indirect, consequential or accidental damages – including but not limited to lost profits, downtime, damage to other equipment or property covered by Assured Computing Technologies, Inc. warranty. Such warranty will be considered invalid if the product label, serial number or other identifying registration is missing or has been altered.
WARRANTY: Software Products are Non-refundable nor exchangeable. End user is responsible for total purchase price from the time the order is placed. All software products are sold with the understanding that the end user takes full responsibility to keep the product current and up to date. There is no written or expressed warranty provision on the functioning of any software package to accomplish the end user needs, other than was originally documented and demonstrated. Any add-on, customer configurations, additional functions are solely the responsibility of the end user and are not directly supported. Under no circumstances is Assured Computing Technologies, Inc. liable for the loss of data, financial remuneration, profits, downtime or functionality of the software package. Buyers are recommended to purchase a Software manufacturer agreement in the event that they require outside support on the operation or installation of the supplied package. Assured Computing Technologies will act in the best interests of the buyer to provide support and training as they are capable.
FINANCIAL/CREDIT CARD - Assured Computing assumes NO RESPONSIBILITY OR LIABILITY for Credit Card processing failures due to software malfunctions, inadequate security settings, misapplied Merchant Account settings, Incorrect Software set-up, Hardware Failures or Inadequate Training/Understanding of how Credit Card processing works. This includes Batch settlements, lost funds and errors on the part of the store owner or Merchant Account Provider.
RETURNS: No returns are accepted after the sale on any hardware or software product, with the following exception. Hardware may be upgraded within 30 days from the date of purchase by paying the difference between the original purchase price and the price of the upgrade, providing the original item is in new, unused condition, in original packaging and capable of being resold. Any damage, cosmetic alteration, lost parts or lost packaging will result in additional charges All products returned for repair must be accompanied with a RMA number and fully documented at our offices. Any product received without proper documentation will be refused and returned to the buyer. Assured Computing Technologies, Inc. reserves the right to have all repair returns shipped directly to the manufacturer from the end user (buyer). In addition, buyer agrees to pay all shipping costs to the repair facility.
CONDITIONS: Buyer agrees and authorizes that all repairs be performed at the quoted price and that employees or Subcontractors may operate buyers products for inspection. An estimate of repair replacement parts will be given to the buyer before any parts are exchanged or removed from the original unit. Seller does not warrant against lost data or make any claims regarding the ability to retrieve data under any circumstance. Hourly labor on repairs will be quoted to the best of seller’s ability, however additional time required to repair, replace or copy information may be required. Buyer agrees that seller will have the opportunity to discuss anticipated labor and understands that all discussions are only ‘best guess’ estimates and in no way will be construed as being the final charge. Repairs requiring technicians on buyer site will include mileage charges to and from the main offices of Assured Computing Technologies, Inc. Products left in the offices of Seller will be charged storage of $1.50 per day after the initial 30 days, once the buyer has been informed that the repair is complete. Seller is not responsible for loss of items due to fire, theft or acts of God.
All balances on hardware and software purchases are due and payable upon delivery of the product to the customer site with the exclusion of Installation charges. All items remain the property of the Seller until which time that balance is satisfied in full. Seller may retake possession of hardware/software items without notice upon failure of the buyer to remit payment within a reasonable time or as previously agreed in an Addendum that must be attached to this document at the time of agreement. All payment schedules outside of the normal course of sales must be noted by a Corporation Officer and Initialed to be valid.
DELIVERY: For the purpose of this agreement the term “DELIVERY” shall mean the delivery of the products to either the buyer location by seller’s agents or by common carrier for loading and transportation to the buyer. Seller shall adequately prepare the items for shipment to the best of their ability. In the event damages are visible at the time of delivery and if the buyer accepts the damaged goods, it then becomes their responsibility to files appropriate claims through normal channels.
All additional shipping costs that are not outlined in the original bill of sale i.e. Insurance, Expedited shipping, additional packaging materials will be billed to the buyer. Items refused undamaged and returned to the seller will be chargeable to the buyer for shipping both ways.
INSTALLATION: All products purchased shall be deemed buyer installed unless specifically listed in the sales agreement as an Installation line item. Installation costs will be based upon ‘time on site’. Minimum Installation charge is $480.00 for 6 customer site hours. Additional hours beyond the 6 hours are billable at standard rate of $60.00 per hour during normal business hours defined as Monday-Friday 9am-5pm. Installation after normal hours during the normal business week will be billed a premium charge of $90.00 per hour. Weekends are billable at $120.00 per hour. No installations will be completed during national holidays. Travel to and from the customer site is billed at .45 per mile. All installation charges are due and payable within 14 days of the completed installation.
TRAINING: Assured Computing Technologies, Inc. will conduct one (1), 2 hour (Two) initial training session upon delivery/installation of complete Point-of-Sale system based upon the specified Software package. Additional training hours may be purchased at current rates of $110.00 for each additional 2 hour block. Training may be conducted either via the internet in real time, or on-site if within travel distance of the main offices of Assured Computing Technologies, Inc. Training schedule will be based upon available time slots at the discretion of Assured Computing Technologies, Inc. however every attempt will be made to accommodate the buyer’s schedule.
Software specific training directly from the manufacturer of the software package may be purchased through Assured Computing Technologies, Inc. or directly from manufacturer’s current rates. Contact Assured Computing Technologies, Inc. for current rate schedules from each manufacturer.
APPLICABLE LAWS: This Agreement shall be governed by and construed in accordance with the Laws of the State of New Hampshire, including all matters of constructions, validity, performance and enforcement. Venue for any proceeding brought to enforce this agreement shall be HILLSBOURGH COUNTY, NEW HAMPSHIRE. Buyer agrees to pay all collection, Attorney Fees, and Court costs incurred by Seller in the course of any Legal Actions instituted in Connection herewith in addition to any other relief that may be ordered by the court.