Terms & Conditions
AJ’S SECURITY TERMS
OF SALE
These terms and conditions (“Agreement”) apply to your purchase of
Video Surveillance Systems and/or related products and/or services
and support (collectively “Product”) sold by AJ’S SECURITY LLC
(“Company”) provided to you (“Customer”). By accepting delivery of
the Product, you accept and are bound to the terms and conditions of
this Agreement. THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A
SEPARATE PURCHASE AGREEMENT WITH COMPANY, IN WHICH CASE THE SEPARATE
AGREEMEMENT SHALL GOVERN.
1.
PRICE. Prices in effect at the time of shipment of goods or
performance of services shall prevail. All prices quoted by Company
are subject to change without notice. Prices do not include any
present or future sales, use, excise, value-added or similar taxes
and, where applicable, such taxes shall/may be billed as a separate
item and paid by Customer. A Quotation, Estimate, Statement of Work
or Proposal is valid for a period of thirty (30) days from the date
of issue. Errors or omissions in price are subject to correction by
Company.
2.
PAYMENT TERMS. Customer’s payment obligations are stated on
Company’s invoices and are at Company’s sole discretion. Invoices
for Services will be rendered in accordance with an established
milestone schedule or upon completion of any Services. Late charges
of two and one-half percent (2 ½ %) per month on outstanding
balances may be charged. All amounts due are payable in US dollars.
If in Company’s judgment, Customer’s financial condition does not
justify continuation of the existing payment terms, Company may:
a. Require full or partial payment of Customer’s
account;
b. Require payment in advance of Product shipment;
c. Require payment in advance for performance of any Service;
d. Change Customer’s credit terms; or
e. Any combination of the above.
3.
CHANGED OR DISCONTINUED PRODUCT. Company reserves the right
to make changes in design at any time without incurring any
obligation to provide such changes on units previously sold or to
continue to supply obsolete items. Company reserves the right to
make substitutions of materials without degrading the quality of
product. Customer approval will be solicited when changes affect
form, fit or function.
4.
PACKAGING, SHIPMENT AND SERVICE DATES. All products shall be
suitably packaged for shipment as determined by Company. Company may
charge for special packing and/or packaging including but not
limited to special documentation to comply with Customer
requirements. Shipment Date or Performance Date of Service is
estimated by Company but is not guaranteed by Company. Shipment
within the continental United States are made F.O.B., point of
shipment and in all cases, title shall pass upon delivery to carrier
at the point of shipment and thereafter all risk of loss or damage
shall be upon Customer. A standard shipping charge is applied to
each invoice for goods for materials preparation, packaging, freight
and/or additional items associated with each shipment based on the
value and/or weight of shipment. Additional charges for local
delivery may also apply. Company reserves the right to make partial
shipments at its discretion. The delivery dates quoted are Company’s
best estimate, which my be delayed due to engineering material
acquisition, production delays, importing delays, or others which
are out of Company’s control and Company disclaims any liability for
direct, indirect, incidental, or consequential damages by said
delays.
5.
RETURN POLICIES; EXCHANGES. Company’s return policy can be
found HERE.
6.
ACCEPTANCES OR REJECTION OF MATERIAL/SERVICES. After the
delivery of Product, or the performance of Services, Customer will
inspect the Product/Service for conformity to the Purchase Order,
Sales Order, Work Order or Quotation (as the case may be) within a
period of fifteen (15) days. All claims for shortage, damage,
shipment errors, or defective equipment must be made within three
(3) days after receipt of shipment. Shipping is non-refundable.
Customer is responsible for shipping charges on any return items. If
return items are found to be non-defective, a restocking fee (20%)
and diagnostic fee may be assessed, as well as any shipping charges
for cross-shipped replacements. Software, custom built systems;
special order items, media and labor are non-refundable.
7. FORCE MAJEURE. Company shall not be liable for
failure to deliver or for delay in delivery or performance due to (i)
a cause beyond its reasonable control (ii) an act of God, act or
omission of Buyer, act of civil or military authority, governmental
priority or other allocation or control, fire, strike or other labor
difficulty, riot or other civil disturbance, insolvency or other
inability to perform by the manufacturer, delay in transportation,
war or (iii) any other commercial impracticability. If such a delay
occurs, delivery or performance shall be extended for a period equal
to the time lost by reason of delay.
8. LIMITATION OF LIABILITY. Company does not
accept liability beyond the remedies set forth herein, including but
not limited to any liability for;
a. Any claim for loss or damage arising out of
this Agreement or from the performance or breach thereof or
connected with any goods or services supplied here under;
b. The sale, resale, operation of goods whether based on contract,
warranty, tort (including negligence) or other grounds shall not
exceed the price allocable to such goods or services or part thereof
involved, shall not exceed the price allocable to such goods or
services or part thereof involved in the claim, REGARDLESS OF CAUSE
OR FAULT’
c. Company will not be liable for injuries or damages to persons or
property resulting from any cause whatsoever, with exception of
bodily injuries, death or tangible property damage caused by the
willful misconduct or gross negligence of Company or its direct
Employees.
d. Any claim for loss or damage resulting from loss of date, loss of
use or loss of revenue or profit and Company further disclaims any
and all liability for indirect, incidental, special consequential or
other similar damages.
e. This limitation of liability reflects a deliberate and
bargained-for allocation of risks between Company and Customer and
constitutes the basis of the parties’ bargain, without which Company
would not have agreed to the price or terms of this Agreement.
Company shall not, under any circumstances, be liable for any labor
charges without its prior written consent.
9. HEADINGS. The section heading used herein are for
convenience of reference only and do not form a part of these terms
and conditions, and no construction or inference shall be derived
there from. If any provision of this Agreement is void or
unenforceable, the remainder of this Agreement will remain in effect
and will not be terminated. Neither party will be liable for any
delays resulting from circumstances or causes beyond the party’s
reasonable control.
10. GOVERNING LAW. The parties agree that this
Agreement, any sales there under, or any claim, dispute or
controversy (whether in contract, tort or otherwise, whether
preexisting, present or future, and including but not limited to
statutory, common law and equitable claims) between Company and
Customer arising from or relating to this Agreement, its
interpretation or the breach, termination or validity thereof, the
relationships which result from this Agreement, Company’s
advertising, or any related purchase, shall be governed by the laws
of the State of Colorado, El Paso County, without regard to
conflicts of laws rules. Customer will be liable for all costs
associated with collecting any account including but not limited to;
reasonable court costs, collection fees, and attorney fees.
11. GENERAL. All orders are subject to acceptance
by Company. Any representation, affirmation of fact and course of
dealing, promise or condition therewith or usage of trade not
incorporated herein, shall not be binding on either party.