Sales Terms and ConditionsFISHER2020-10-20T16:15:25-05:00
FISHER/IPCOM Standard Terms & Conditions
GENERAL – All proposals are valid for thirty (30) days or the end of the calendar year, whichever occurs first. In the event a purchase order is received after the validity date of the proposal FISHER reserves the right to adjust pricing based on current prices.
AGREEMENT AND LIMITATIONS – The agreement between Seller and Buyer (the “sales contract”) with respect to the sale of goods (the “goods”) described on the other side hereof shall consist of the terms appearing hereon and on the other side hereof together with any additions or revisions of such terms mutually agreed to in writing and signed by Seller and Buyer. Buyer agrees that by submitting an order to Seller for goods, Buyer agrees to the terms and conditions set forth herein. Seller objects to and shall not be bound by any additional or different terms, whether printed or otherwise, in Buyer’s purchase order, or in any other communication from Buyer to Seller, unless specifically agreed to in writing and signed by Seller. NO REFERENCE TO BUYER’S PURCHASE ORDER OR OTHER COMMUNICATION FROM BUYER SHALL BE DEEMED TO INCORPORATE BY REFERENCE ANY TERMS APPEARING THEREIN. The sales contract shall be for the benefit of Seller and Buyer and not for the benefit of any other person. Prior courses of dealing, trade usage and verbal agreements not reduced to writing signed by Seller, to the extent they modify, add to, detract from, supplant or explain the sales contract, shall not be binding on Seller. By submitting a purchase order to seller, buyer hereby agrees to terms and conditions set forth herein.
PACKING, MARKING, AND SHIPPING
All equipment, systems and supplies shall be properly packed, marked and shipped in accordance with the requirements of the common carrier transporting such supplies.
Buyer shall be responsible for on-site equipment off-loading and storage prior to installation
Seller shall route shipments in accordance with the Buyer’s instructions.
All transportation charges paid by the Seller and to which the Seller is entitled to reimbursement shall be added to the Seller’s invoice as a separate item.
All shipments will be insured by the Seller at values established by Seller.
Buyer has the responsibility of all claims due to shipment damage either visible or hidden; damage will be marked and claims made at the time of acceptance by Buyer with the shipping company.
PAYMENTS – Buyer agrees to pay according to the terms stated herein and pay interest on past due amounts at a rate of 18% per annul of the highest rate permitted by applicable law. Buyer understands that this obligation to pay interest on delinquent payments does not in any way extend the payment terms set forth herein. All accounts that become 60 days past due shall be placed on credit hold. Customers on credit hold must pay all historical balances to be removed. During this time, the following limitations will apply > 1. Orders will not be shipped 2. Request for service will be placed into non-priority. In the event Seller incurs legal fees or other costs in attempting to collect past due payments, Buyer agrees to reimburse Seller for such fees
TERMS – Terms of sale, unless stated elsewhere shall be strictly followed in accordance with these terms. Project terms are as such: Projects under $25K require 20% down payment, net 20. Projects over $25K require a 50% down payment required at time of order, 40% payment required upon equipment delivery, balance net 20 upon installation completion. Invoices will be sent promptly to Buyer. The Seller agrees to ship all goods FOB manufacturing plant to Buyer’s place of business. All orders are received subject to acceptance by Seller and shipment of an order constitutes such acceptance. Unless otherwise agreed in writing. Seller reserves the right to ship goods in a single lot or in several lots. In such event, each shipment will be invoiced to Buyer and paid for separately. Seller reserves the right to ship products on a COD basis if in Seller’s sole opinion it is unwilling to extend standard credit terms. In the event terms are extended and Seller is not paid when due, all overdue payments shall bear interest until paid at eighteen (18%) percent or at the highest rate permitted by applicable law from date payment is due. Annual software costs will automatically invoice every 12 months 30 days prior to the system ‘go-live’ date. Go live shall be date the system is actively running transactions at customer’s site.
DEDUCTIONS AND RETURNS. Deductions will not be honored unless covered by a credit memorandum. Goods shipped to the Buyer may be returned to Seller for credit only upon the Seller’s prior written consent (such consent to be in the sole discretion of Seller) and upon terms specified by Seller, including prevailing cancellation and handling charges. Refunds shall not be provided by Seller to Buyer. Buyer assumes all risk of loss for such returned goods until actual receipt thereof by Seller. Agents of Seller are not authorized to accept returned goods or to grant allowances or adjustments with respect to Buyer’s account.
SUBSCRIPTIONS – Subscription based solutions (hosted or maintenance) are required and shall be invoiced monthly, quarterly or annually. If Buyers initial system purchase included an annual subscription Seller shall invoice subscription fees as noted in Article 4. If Buyer fails to remit payment Seller reserves the right to suspend system access until any past due amounts are remedied and the Sellers account is in good standing. Monthly and quarterly billing requires a credit card be put on file for auto-payments. Minimum 5-year term subscriptions for parking & access control systems are required.
WARRANTY – Fisher Parking & Security, Inc. and IPCOM by FISHER provides no warranty, written or implied, above or beyond manufacturer standard written warranty unless otherwise noted herein or separately attached. Buyer understands this and in no way holds seller liable for any circumstance not stated in manufacturer’s standard software and hardware warranty and is subject to seller’s standard material and service rates.