STANDARD TERMS AND CONDITIONS
- General. The Terms and Conditions on both sides of this form constitute the entire agreement between the parties. All sales of AccessGard, Inc. (Seller) are expressly conditioned under the terms and conditions set forth below, which are the only Terms of this sale and supersede all prior negotiations, correspondence and statements. These Terms may in some instances conflict with those affixed to Buyer’s purchase order or other order, if so, such terms not in conformance with these Terms are rejected and these Terms govern. Acceptance of Buyers’ order is expressly conditioned upon Buyer’s acceptance of or assent to these Terms which shall be established by a written acknowledgement, by implication, or by acceptance or payment for products ordered hereunder. Seller’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these Terms. Any changes in these terms must specifically be agreed to in writing and signed by an officer of Seller before becoming binding. Retention by Buyer of any products sold hereunder shall be conclusively deemed acceptance of these Terms.
- Exclusions of Warranties. Seller assigns to its customers those warranties and only those warranties extended by its vendors. Seller does not itself warrant any product and sells only on an as is basis. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE INVOICE. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ITS OWN NEGLIGENCE OR FAULT. Seller does not represent that the product it sells may not be compromised or circumvented; that the products will prevent any personal injury or property loss by burglary, robbery, fire or otherwise, or that the products will in all cases provide adequate warning or protection. Buyer understands that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery, or fire without warning, but it is not insurance or a guarantee that such will not occur or will not cause or lead to personal injury or property loss. CONSEQUENTLY, SELLER SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM AT ALL INCLUDING A CLAIM THE PRODUCT FAILED TO GIVE WARNING.
- Limitation on Liability to Buyer. Repair or replacement of defective product as provided under this limited warranty is the exclusive remedy of the buyer.
- Repairs of Customer Owned Equipment.As a convenience to and on behalf of the buyer, Seller will ship products for warranty or other service to the appropriate vendor, in which event any repair, shipping or handling costs will be passed on to the Buyer.
- Waiver.No waiver by Seller of any of these Terms shall be deemed to constitute a waiver of any other Terms or a waiver of the same or any other provision with regard to portions of this transactions or future transactions. No waiver by course of conduct or custom usage can occur.
- Customer authorizes AccessGard, Inc. to charge his/her Visa/Master Card/Discover/American Express account for AccessGard goods or services ordered, or any past due balances in order to bring the account to current status. This authorization is valid until revoked in writing. Payment is due within 30 days for approved term customers. Please, be aware that we will charge 2% interest per month on late invoices!
- Error.Stenographic and clerical errors and omissions in the invoice are subject to correction.
- Applicable Law and Jurisdiction.This agreement shall be deemed entered into the State of Florida and the laws of Florida shall govern its validity, performance and construction. Courts of the State of Florida have non-exclusive jurisdiction of any claims arising out of this contract.