FISHER/IPCOM Standard Terms & Conditions

  1. 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.
  2. 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.
  3. 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.
  4. 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
  5. 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. Cancellation by Buyer for any reason shall result in a 35% cancellation fee. 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.
  6. 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.
  7. 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.
  8. 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.
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FISHER Parking as a Service Subscription Terms & Conditions

  1. GENERAL – All PaaS 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. FISHER maintains ownership of the PaaS System for the life of the executed PaaS agreement term.
  2. AGREEMENT AND LIMITATIONS – The PaaS agreement shall be executed in full between FISHER and Subscriber. Subscriber agrees that by enrolling in the PaaS program Subscriber agrees to the terms and conditions set forth herein. FISHER objects to and shall not be bound by any additional or different terms, whether printed or otherwise, in Subscribers purchase order, or in any other communication from Subscriber to FISHER, unless specifically agreed to in writing and signed by FISHER. NO REFERENCE TO SUBSCRIBERS PURCHASE ORDER OR OTHER COMMUNICATION FROM SUBSCRIBER SHALL BE DEEMED TO INCORPORATE BY REFERENCE ANY TERMS APPEARING THEREIN. The PaaS contract shall be for the benefit of FISHER and Subscriber and not for the benefit of any other entity. Prior courses of dealing, trade usage and verbal agreements not reduced to writing signed by FISHER, to the extent they modify, add to, detract from, supplant or explain the PaaS contract, shall not be binding on FISHER. By submitting a purchase order to FISHER, Subscriber hereby agrees to terms and conditions set forth herein.
  3. PaaS EXCLUDED ITEMS – The PaaS subscription shall include only the items detailed in the PaaS pricing summary. To cancel any doubt, any items  not listed in the PaaS summary shall be purchased by Subscriber at current pricing levels.
  4. PAYMENTS – Subscriber agrees to pay the PaaS subscription fee a minimum of 30 days prior to the term of service. FISHER shall invoice for PaaS a minimum of 60 days prior to the term of service. If Subscriber fails to remit payment for the PaaS FISHER shall take appropriate actions according to the terms stated in item 7 below.
  5. TERMS –
    1. Non-PaaS Items. For upfront purchase items the 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. Cancellation by Buyer for any reason shall result in a 35% cancellation fee. Invoices will be sent promptly to Subscriber. FISHER agrees to ship all goods FOB manufacturing plant to Subscribers place of business. All orders are received subject to acceptance by FISHER and shipment of an order constitutes such acceptance. Unless otherwise agreed in writing. FISHER reserves the right to ship goods in a single lot or in several lots. In such event, each shipment will be invoiced to Subscriber and paid for separately. FISHER reserves the right to ship products on a COD basis if in FISHERs  sole opinion it is unwilling to extend standard credit terms. In the event terms are extended and FISHER 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 Subscriber site.
    2. PaaS Term. Unless agreed to on a case by case basis a minimum 5-year term subscription for PaaS is required. Cancellation by Buyer for any reason prior to installation shall result in a 24-Month subscription payment cancellation fee.
  6. REQUIREMENTS.
    1. Insurance – All PaaS items remain the property of FISHER. Subscriber must keep and maintain for the life of the agreement commercial liability insurance for a minimum amount of $1Million with copy to FISHER. In the event Subscriber cannot provide FISHER with proof of acceptable insurance FISHER reserves the right to suspend system access, disable lane equipment and/or remove lane equipment until required policies are in place.
    2. Accounts – Subscriber shall be required to use EVO Merchant Services for credit card processing for the life of the system. If the Subscriber wishes to use an alternate merchant services provider additional fees may apply.
    3. Payments on File – Subscriber shall be required to place an active credit card on file for payment terms less than annually.
  7. PaaS SUBSCRIPTIONS – This subscription based solution (PaaS) shall be invoiced monthly, quarterly or annually. If Buyer fails to remit payment Seller reserves the right to suspend system access, disable lane equipment and/or remove lane equipment until any past due amounts are remedied and the Subscriber account is in good standing.
  8. WARRANTY – FISHER shall provide a 24-Month system warranty on the project as a whole. At the conclusion of the 24-Month period FISHER shall provide warranty services on the PaaS components only. Subscriber understands this and in no way holds FISHER liable for any circumstance not stated in manufacturer’s standard software and hardware warranty and is subject to FISHERs standard material and service rates.
  9. PaaS HARDWARE DEFINITIONS. All descriptions below are the entirety of the standard components making up the PaaS device. Any additional device or functionality is not included in the PaaS subscription.
    1. MP Entry Station is an inclusive entry device including Standard Proximity Reader, QR Scanner, standard graphic panel & Intercom.
    2. SW Exit Station is an inclusive exit device including Standard Proximity Reader, QR Scanner, EMV Chip Only reader, standard graphic panel & Intercom.
    3. CR Lane Station is a contract parker access device including Standard Proximity Reader, standard graphic panel & Intercom.
    4. VPS PIL Station is an inclusive exit device w/ note acceptance, Standard Proximity Reader, QR Scanner, EMV Chip Only reader, standard graphic panel & Intercom.
    5. CPS Pay Station is an inclusive central payment device including Standard Proximity Reader, QR Scanner, EMV Chip Only reader, standard graphic panel & Intercom.
    6. APS Pay Station is an inclusive central payment device w/ note acceptance, Standard Proximity Reader, QR Scanner, EMV Chip Only reader, standard graphic panel & Intercom.
    7. Barrier gate is the lane barrier device w/ ARM.
  10. PaaS Software Definitions. All descriptions below are the entirety of the standard components making up the PaaS Software offering. Any additional  functionality is not included in the PaaS subscription.
    1. Access Control Module – Including Carpooling, Contract Parking, Nesting, Timezones, Monthly to Transient, QR, PROX, & RFID
    2. Revenue Control Module – Hourly, Daily Rates, PaybyPhone, Web Reservations, Ticket Tracking, Validations & Coupons, and all other standard TIBA FMS features
    3. Count Control Module – Occupancy & Availability Monitoring & Control, Multiple Zone & Company Monitoring & Control
    4. Mobile Control App – Includes the  TIBA Control APP, available in iTunes and/or Play Store
    5. TIB@PAY Payment Module – Payment processing integrated with EVO Merchant Services
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