|ALL SALES MADE BY A BAR CODE BUSINESS, INC., ARE MADE ON THE FOLLOWING TERMS AND CONDITIONS:
Within this terms and conditions of sale, A Bar Code Business, Inc., will be known as Seller.
PRICES AND TAXES
Prices are exclusive of all federal, state, municipal, or other government excise, sales, use, occupational, or like taxes or duties now in force or enacted in the future. Any such fax, fee, or charge of any nature whatsoever imposed by any governmental authority on, or measured by, the transaction between the Seller and the Buyer shall be paid by the Buyer in addition to the prices quoted or invoiced. In the event the Seller is required to pay any such tax, fee, or a charge, at the time of sale or thereafter, the Buyer shall reimburse the Seller therefore.
Delivery will be made F.O.B. Seller’s plant. The time of delivery is the time the product to be delivered is picked up by the carrier. Title to the products shall pass to the Buyer upon delivery thereof by Seller to carrier (F.O.B. Seller’s plant) and upon delivery the Buyer shall be responsible for and bear the entire risk of loss or damage to the products.
In the absence of specific shipping instructions, the Seller will ship by the method it deems most advantageous. Transportation charges will be collected, or if prepaid, will be subsequently invoiced to Buyer. Unless otherwise, indicated, Buyer is obligated to obtain insurance against damage to the material being shipped. Unless otherwise specified, products shall be shipped in standard commercial packaging. When special or export packaging is requested or, in the opinion of the Seller, required under the circumstances, the cost of the same, if not set forth on the invoice, will be separately invoiced.
TERMS OF PAYMENT
Seller offers Buyers a variety of payment terms for their convenience, term include payment by credit card, pre payment by check or cash, C.O.D., wire transfer as well as open term account. Buyer agrees to pay all cost associated with C.O.D. delivers or wire transfers. Seller agrees to pay cost associated with credit card or purchasing card orders. Customers, who wish to establish open terms, net 20 days, must complete sellers credit application, prior to ordering. If open terms are granted, buyer agrees to adhere to the terms and credit limited established by Seller. Terms are net 20 days. Accounts 20 days past due will be subject to a monthly charge at the rate of one and one-half (1.5%) per month or the maximum permitted by law, whichever is less, to cover the costs of servicing these accounts. Orders from customers with invoices that are 20 days overdue (i.e. not paid within 40 days of invoice date) will be accepted only on a C.O.D. or cash-with-order basis until credit is reestablished to the Seller”s satisfaction.
If this is your first order with us, and you wish to use a credit card as a form of payment and / or your credit card billing address, or your shipping address are not within the United States, you will be required to supply front and back images of your credit card. We cannot process your order without these images. Complete instructions for securely sending us these images will be provided by email after you have placed your order.
When paying with a credit card, if we are unable to locate any listing of, or association with, the card holder and the shipping address you provide in freely available public records, and / or you provide only a cell phone and / or non-published landline telephone numbers, and / or landline telephone numbers published in a name of which we can find no association with the card holder, or use a free email account such as Yahoo, Hotmail, MSN, AOL or Gmail, we may also request you provide us with images of either a photo ID of the card holder bearing the delivery address, or front and back images of the credit card used to place the order. This is no different than being asked to show your credit card or ID to a clerk at your local retail outlet. If your IP address” geographical location is determined to be outside the United States, or is found to be a proxy of any kind, your order will be treated as an international order, and we will only accept front and back card images as described in the following section. By failing to present such verification when requested, you agree that you never had any intent to conduct business with us, nor make a purchase from us.
Merchants, like us, pay for stolen merchandise; not the credit card companies, and not the card holders. If you are using a stolen credit card number, we do not wish to do business with you so please click here to save yourself so time and trouble. If you place an order with us using a stolen credit card number, your information will be given to the police or authorities in your area. We will assist them in prosecuting you to the fullest extent of the law, which may include arrest, fines, jail time, and seizure of your computer equipment. We will also contact your ISP and have your Internet service disconnected.
In addition to our local & state law enforcement agencies we also report and provided all information to the Federal agencies, Secret Service and FBI which as proved to be successful. To assist law enforcement we have contracted with a private investigation firm that will tracks you down and notify the police of the crime, and/or we will take matters into the civil courts. If you think this is a victimless crime, you are wrong, and we will show absolutely no mercy to people who attempt to commit fraud on our company.
Seller will honor all manufacturer”s warranties on all products when used under normal operating conditions and within the service conditions for which they were furnished at time of sale. Any modification of products sold, which do not conform to manufacture”s instructions will automatically void the manufacturer”s warranty. Warranties vary by manufacturer. Please refer to our warranty/RMA information section for a complete list of all manufacture”s warranties. The Seller makes no other warranty of any kind whatsoever, expressed or implied, and all implied warranties or merchantability and fitness for a particular use which exceed the aforestated obligation are hereby disclaimed by Seller and excluded from the agreement. Under no circumstances shall the Seller be liable to Buyer, in contract or in tort, for any special, indirect, incidental, or consequential damages, expenses, losses or delay however caused.
Seller will honor all manufacturers” warranties on products, at time of purchase. If a product arrives DOA (Dead On Arrival/Defective) Buyer shall have 10 days from ship date to notify Seller, sale”s representative and receive an RMA # (Return Merchandise Authorization Number). All open software programs are non-refundable unless defective. Any products returned as defective that have no problems will incur a 20% restocking fee. If desired, we will send replacement products or credit/refund your account after products have been received and evaluated. Custom made items or items made to order may not be returned. A charge will be imposed on any item missing from the returned product like manuals, cables, warranty card etc. For additional RMA information please refer to our warranty/RMA information section.
CLAIMS OF SHORTAGES
All claims of shortages and or discrepancies must be made by the Buyer in writing within a period of 5 days from receipt of product. Unless such notice is given within the stated period of time, Buyer agrees that it shall be conclusively presumed that Buyer has fully inspected the product and acknowledged that NO shortage and/or problems with order exist.
LIMITATION OF LIABILITY
Seller shall not be liable for any loss, damages or penalty resulting from delay in deliver when such delay is due to causes beyond the reasonable control of Seller, including but not limited to supplier delay, force majeure, act of God, labor unrest, fire, explosion, or earthquake. In any such event the delivery date shall be deemed extended for a period equal to the delay.
SELLER’S LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF THIS AGREEMENT AND/OR SALE, INCLUDING INFRINGEMENT INDEMNIFICATION PROVIDED FOR BELOW, SHALL BE
LIMITED TO REFUND OF THE PURCHASE PRICE. IN NO EVENT SHALL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY THE BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE. THIS EXCLUSION ALSO INCLUDES ANY LIABILITY WHICH MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF THE SELLER ARISING OUT OF THIS AGREEMENT AND/OR SALE.
This contract may be cancelled by Buyer only upon the payment of reasonable cancellation charges, which shall include but not limited to expenses already incurred for labor and material costs, overhead, commitments made by Seller, and a reasonable profit. In the event of cancellation, Buyer will have no rights in partially completed goods.
If Buyer shall become bankrupt or insolvent or compounds with his creditors or commences to be wound up or suffers a receiver to be appointed, Seller shall be at liberty by notice in writing to cancel this contract without prejudicial intervention or declaration of default of Buyer and without prejudice to any right or remedy which shall have accrued or shall accrue thereafter to the Seller.
NAMES, LOGOS, TRADEMARKS AND PATENT
All manufacturer’s names, products, patents and or logos are trademarks or registered trademarks of their respective owners. Seller shall not be held responsible for any infringements of combination patents or process patents, covering the product sold or use of the products in any combination with out products, equipment or materials not furnished by Seller. In the case of product furnished by Seller are deemed to constitute infringement and its use enjoined. Seller may, without any obligation to do so, at its option, either secure for the Buyer the right to continue using said products by suspension of the injunction, by procuring for the Buyer a license or otherwise, or replace such products with non-infringing products, or it may, without obligation to do so, remove the enjoined products and refund the sums paid therefor. These provisions, however, shall not apply to any patented equipment, device, or party specified by the Buyer but not manufactured by Seller. THE FOREGOING STATES SELLER”S ENTIRE LIABILITY AND OBLIGATION (EXPRESS, STATUTORY, IMPLIED OR OTHERWISE) WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT OR CLAIMS THEREFOR.
ACCEPTANCE BY BUYER-ENTIRE AGREEMENT
The terms and conditions as set forth herein shall constitute the entire agreement between Seller and Buyer. Seller shall not be bound by any terms of Buyer”s order which are inconsistent with the terms herein set forth.
Acceptance by Buyer of these terms may be made either by written acceptance, or by receipt of Buyer of deliver of any products described on the face of this document and failure by Buyer to return the same within five (5) days following delivery of such products as herein provided.
This contract shall not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the contract by its express forms.
The failure by Seller to enforce at any time any of the provisions of this contract, or to exercise any options, nor in any way to affect the validity of this agreement or any part thereof, or the right of Seller thereafter to enforce each and every such provision.
Buyer hereby acknowledges that he has not entered into this agreement in reliance upon any warranty of representation by any person or entity except for the warranties or representations specifically set forth herein.
The contract between the parties is made, governed by, and shall be construed in accordance with the laws of the State of Florida.
JURISDICTION AND VENUE
THE FLORIDA STATE COURTS OF LAKE COUNTY FLORIDA (OR, IF THERE IS EXCLUSIVE FEDERAL JURISDICTION, THE UNITED STATES DISTRICT COURT FOR FLORIDA) SHALL HAVE EXCLUSIVE JURISDICTION AND VENUE OVER ANY DISPUTE ARISING OUT OF THIS AGREEMENT AND SALE, AND BUYER HEREBY CONSENTS TO THE JURISDICTION OF SUCH COURTS.
Stenographic and clerical errors are subject to corrections.
Reasonable attorney”s fees and costs shall be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this agreement or any request for shipment release issued and accepted under the terms and conditions of this agreement.