Terms & Conditions of Sale
Please read these terms and conditions carefully before using our site. By using this site, you agree to the terms and conditions contained herein and that you have the legal authority to accept these terms and conditions. We reserve the right to change the terms and conditions of use at any time, without prior notice. If you are using the site after we post a change, you accept that change. You should check these terms and conditions periodically.
We have made every effort to present the content on the website accurately, but additions, modifications, and changes may occur. Content on this website is provided “as is” and neither Data Capture Solutions nor its representatives make any representation or warranty with respect to its content.
Prices and availability are subject to change without notice. This copyright notice applies to all proprietary pages, images, text, programs, and other material available throughout this Internet site (collectively, this “Publication”).
Unless otherwise noted, product names, designs, logos, titles, words or phrases within this Publication are the trademarks, service marks, trade names or other property of their respective owners.
Limitation of Liability
In no event shall Data Capture Solutions or any of its affiliate, or the officers, directors, employees, members, or agents of each of them, be liable for any damages of any kind, including without limitation any special, incidental, indirect, or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use of performance of this Internet site.
TERMS AND CONDITIONS OF SALE
The following terms are applicable to every transaction made with Data Capture Solutions.
- Orders. Orders are not binding upon Data Capture Solutions until accepted by Data Capture Solutions.
- Warranties. Data Capture Solutions is not the manufacturer of the products purchased by Buyer. Buyer understands that any manufacturer warranty is performed by the manufacturer and is subject to its own terms and conditions. Data Capture Solutions does not warrant the merchantability or fitness for a particular purpose.
- Shortages. All claims for shortages must be made by the Buyer in writing within a period of 48 hours from receipt of product. Unless such notice is given within the stated period of time, Buyer agrees that it shall be conclusively presumed that Buyer has fully inspected the product and acknowledged that NO shortage exists.
- Title/Risk of Loss. Title to the product shall pass to Buyer upon delivery of product to the common carrier (at Seller’s dock) or any other location directed by Seller. All risk of loss, damage, theft or destruction to the products shall be borne by the Buyer at F.O.B. shipping point. No such loss, damage, theft or destruction to the product, in whole or in part, shall impair the obligation of the Buyer under this agreement, all of which shall continue in full force and effect.
- Governing Law/Venue. This agreement shall be construed and enforced in accordance with the laws of Connecticut. All claims, actions, disputes, controversies or suits shall be litigated exclusively in the courts of Connecticut.
- Security Interest. Buyer agrees that Seller shall retain a security interest in all product detailed herein and to all product now or hereafter acquired by Buyer, and to any proceeds thereof, until the purchase price and any other charges due to Seller have been paid in its entirety. Buyer agrees to execute any financing statement or other documents that Seller requests in order to protect Seller’s security interest. Upon any default by Buyer of this agreement, Seller shall have all rights and remedies of a secured party under the uniform Commercial code, which right and remedies shall be cumulative and not exclusive.
- Payment. Unless otherwise agreed in writing by Seller, all sales reflect a cash discount price and must be paid in accordance with Seller’s normal terms of sale which are Net 30 from date of invoice. If approved and paid via credit card, terms are due upon receipt. All past due amounts are to a 1.9% monthly financing charge or the maximum permissible under applicable law. Checks returned for any reason shall be assessed a $25.00 service charge. Buyer agrees to deal in good faith and use best efforts to resolve any dispute.
- Returns. The terms for product return are limited to those set forth in Seller return policies.
- Limitation of Liability. In the event that a products’ malfunction leads to damage or injuries to the product, to the Buyer’s business, the end-user’s business, to other equipment, or residence, or to employees or to other persons, Seller shall not be liable for such damages or injuries. In no event shall Seller be responsible for any other damages, including special or consequential damages.
- Assignment. This agreement and all rights, obligations and performance hereunder may not be assigned without prior written consent of Seller.
- Severability. If any section, term, condition or portion thereof shall be found to be illegal or void as being against public policy, it shall be stricken and the remainder of this document shall stand as the original.
- Entire Agreement/Modification. The parties intend this agreement to be a complete statement of the terms of their agreement and replaces and supersedes any prior agreements between them with respect to the subject matter hereof. No course of prior dealings or usage of trade shall be relevant to amend or interpret this agreement. This agreement may not be changed, modified or amended except by an instrument in writing signed by Seller and Buyer.
Links to Third-Party Websites
Data Capture Solutions does not review or control third party websites that link to or from our website, is not responsible for their content, and does not represent that their content is current, accurate or appropriate.
No part of the information on this Internet site can be reproduced for commercial or non-personal use without the prior written consent of Data Capture Solutions. Any information provided to Data Capture Solutions through this Internet site or through electronic-mail transmission becomes the exclusive property of Data Capture Solutions. This information shall not be deemed to be confidential, and freely and without restriction may be reproduced, disclosed, published, disseminated or otherwise used by Data Capture Solutions and its affiliates.
Changes periodically are made to the information contained in this Internet site. Data Capture Solutions assumes no responsibility for and disclaims all liability for any errors or omissions in this Publication or in related publications which may be discovered through this Internet site.