The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by IndustrialCameraSales.com ( Here after referred to as ICS ) to its customers (“Customer”).
1. ORDERS. Orders are subject to ICS‘ acceptance and to these Terms and Conditions. Customer may, without charge, cancel an order for standard Products provided such order has not been delivered to the carrier by the manufacturer, or ICS. Customer may not cancel orders for non-standard Products.
2. PRICES. ICS reserves the right to make changes to product pricing at any time without notice as deemed necessary by ICS. The amount of all Federal, State and local sales, use, excise and similar taxes or other charges now or hereafter imposed by any government authority which may be paid by ICS or for which ICS may be liable shall be paid to ICS by Customer in addition to the purchase price of the Products.
3. TERMS OF PAYMENT. Payment is due at the time of order accept for approved open accounts. ICS accepts Visa, MasterCard, and American Express credit cards in addition to Paypal. Charges are captured at the time of order.
4. DELIVERY AND TITLE. (a) Customer acknowledges that delivery dates provided by ICS are estimates only and that ICS will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by ICS unless specifically designated by Customer. (b) All shipments by ICS are F.O.B. point of shipment (manufactures’ facility) and the amount of all transportation charges from such facility shall be paid to ICS by the Customer in addition to the purchase price of the Products. Subject to ICS‘ right of stoppage in transit, delivery to a carrier will constitute delivery to Customer, and risk of loss will thereupon pass to Customer; however, title shall remain in ICS until payment in full for the Products by Customer. Claims for shortages and damage must be made to carrier within ten (10) days after delivery.
5. LIMITED WARRANTY AND LIMITATION OF LIABILITIES. ICS warrants to manufacturer’s specifications for such Products and that any value-added work performed by ICS on such Products will conform to applicable Customer’s specifications relating to such work. ICS makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, ICS MAKES NO WARRANTY RESPECTING THE MERCHANTABILIITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. However, ICS will transfer to Customer whatever transferable warranties and indemnities ICS receives from the manufacturer of the Products. With respect to Products which do not meet applicable manufacturer’s specifications and with respect to value-added work by ICS which does not meet applicable Customer’s specifications, ICS‘ liability is limited (at ICS‘ election) to (1) refund of Customer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided, however, that such Products must be returned to ICS, along with acceptable evidence of purchase, within twenty (21) days from date of delivery, transportation charges prepaid. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND ICS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT BEING LIMITED TO, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS. CUSTOMER’S RECOVERY FROM ICS FOR ANY CLAIM SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
6. PRODUCT RETURNS. ICS strives to ensure all customers receive the best product for their application. However, if you determine your purchase is not suitable for your use, you may return items for credit under the following terms:
a.. Customer is deemed to have accepted the Products unless a proper RMA request is submitted to ICS within fourteen (14) days after delivery. Customer waives any right to reject or revoke acceptance for credit thereafter.
b. Products may be returned for store credit. Shipping charges are not eligible for credit.
c. Special Orders require prepayment and are non-cancellable and non-returnable.
d. Products returned as defective or damaged will be serviced or replaced at the sole discretion of ICS.
e. Returned Products must be in original manufacturers packaging and must be complete with all documentation and components. Incomplete Products will not receive full credit.
f. All Products returned without an RMA form issued by ICS will be refused and returned to Customer, transportation collect.
g. Shipping and handling charges are non-refundable.
i. If Products are purchased with a credit card, a fee equal to 2.5% of the Product purchase price will be deducted from the refund. This is the average cost charged to ICS by our bank card processing center and is non-refundable.
Product refunds will be issued as follows:
- Orders purchased with credit cards, will be credited to the original card account.
- Refunds on orders using all other payment methods, will be issued via company check and mailed to the customers billing address.
7. REQUESTING AN RMA. All product returns must be accompanied by an RMA issued by ICS. To request an RMA send e-mail to firstname.lastname@example.org. Please include your customer log-in (username), order no., the item you wish to return, and a brief explanation of the reason for the return.
8. USE OF PRODUCTS IN LIFE SUPPORT AND NUCLEAR APPLICATIONS. Products sold by ICS are not designed for use in life support or nuclear applications. ICS‘ customers using or selling Products for use in life support or nuclear applications do so at their own risk, agree that ICS and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use, and agree to fully indemnify, defend and hold harmless ICS and the manufacturer of the Products from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of Products in life support or nuclear applications.
9. STATEMENTS AND ADVICE. If statements or advice, technical or otherwise, is offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and ICS will have no responsibilities or liabilities whatsoever for the content or use of such statements or advice.
10. SOFTWARE. If an order includes computer software, such computer software is transferred by ICS to Customer pursuant to a single user license, the royalty, terms and conditions of which are set forth on or in the packaging accompanying such software.
11. FORCE MAJEURE. ICS will not will be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, or war. ICS‘ time for delivery or performance will be extended by the period of such delay or ICS may, at its option, cancel any order or remaining part thereof without liability by giving notice to Customer.
12. GENERAL. (a) The Terms and Conditions may not be modified or cancelled without ICS‘ written agreement. The sale of Products hereunder will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party effecting the purchase and/or sale of Products. (b) No rights, duties, agreements or obligations hereunder maybe assigned or transferred by either party without the prior written consent of the other. The obligations, rights, terms and conditions hereof will be binding upon and inure to the benefit of the parties hereto and their successors and assigns. The waiver of any breach of any term, condition or covenant hereof or default under any provision hereof will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein or of any subsequent breach or default of any kind or nature. (d) Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. (e) The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Texas and the applicable laws of the United States. Customer will not directly or indirectly export, re-export, sell or transfer any Product to any country for which an exportlicense or other governmental approval is required without first obtaining all licenses and other approvals.
For questions regarding these terms and conditions please contact our Sales Group