INC BUSINESS SYSTEMS CORPORATION STANDARD TERMS AND
CONDITIONS.
INC Business Systems
Corporation shall herein be referred to as the Company. Promotional materials,
Proposals, Estimates, Quotes, Order Confirmations, Billing slips, Service
slips, Invoices, eMail and Fax communications from the Company shall herein be referred to as the Documents.
The company and/or companies, and its employees, to whom the Documents are
addressed to, shall herein be referred to as the Client. Any consulting,
software, products, installation, programming, training, or support services
related to the Documents, no matter in what format said services are provided,
whether on-site or remotely, shall herein be referred to as the Services.
Independent Contractor. The Client
understands that the Company is an independent contractor.
Credit
terms. Unless otherwise
specified in writing, payment is due upon Services rendered and
software/hardware are prepaid on order. A completed
credit application may be required to consider payment terms. If credit terms
are provided, payment will also become due when either a Client’s account
exceeds a credit limit specified to the Client and/or there is an outstanding
Invoice due beyond the terms specified on the Invoice. The Company reserves the
right to change a Client’s credit limit without notice. Where
applicable, overdue accounts are subject to a 2% per month (26.82% per year)
service charge. Provision of products and Services are subject to
withholding based upon
Credit terms provided in the Documents and those listed here.
Prompt payment discount amounts offered or applied includes applicable taxes
equal to the amount of the prompt payment discount by the applicable tax rate
at time of sale. It is the Client's responsibility to account for this tax
portion as per the tax authorities at the time.
Unless otherwise
stated on the Documents with an expiration date, prices are subject to change without
notice.
Availability,
additional Services, minimum charges and Pricing. The following
terms are specified here as follows , unless otherwise specified in writing:
all Services are subject to availability; if the Company is unable to provide
the Services as per the Documents, the Company at it’s own discretion, may arrange for a third party supplier to provide
the Services; additional Services, whether in quantity or in type, provided
beyond those specified in the Documents are subject to an extra charge; pricing
for Services are subject to change without notice; minimum charges for Services
provided remotely to the Client are a half hour, two hour for Services provided
on-site at the Client; an additional base travel charge of a half hour may
apply for Services provided on-site at the Client.
Limitations. The provision of the Services are
provided "as is". The Company explicitly disclaims any and all
warranties with respect to the Services, whether express or implied, including,
without limitation, any implied warranty of merchantability or fitness for a
particular purpose or implied warranty arising out of course of performance,
course of dealing or usage of trade.
The Company shall not have any obligations or be liable
for any of the following: (a) errors, omissions, defects, deficiencies in, or
nonconformity of, any data modified by it; (b) claims in tort, whether or not
arising in whole or in part from the Company’s fault, negligence, strict
liability or product/Services liability; and (c) claims for any direct,
indirect, incidental, special or consequential damage or for any loss of data,
service, profit or use, even if the Company knows or should have known of the
possibility of such damage or loss. In particular, INC Business Systems Corporation , shall have no liability for any programs or
data stored or used with software, whether custom programmed or from a third
party supplier, including the costs of recovering such programs or data. The
Company accepts no liability for any loss resulting from using or being unable
to use products and/or Services, whether due in part to factors beyond or
within our control. Unless otherwise specified, the Client is responsible for
providing appropriate and properly working networking systems, hardware,
software, trained personnel, facilities, related supplies/services,
maintenance, verification the accuracy and completeness of related data. Although software, whether custom programmed
or provided from a third party supplier or manufacturer, are licensed to you
the Client as is from the Company or the third party supplier, whichever the
case may be, and you as a licensee and/or the Client, are assuming the entire
risk as to their quality and performance. The Company make
no representations or warranties of any kind with respect to our suppliers’
products and services. Please contact vendors direct for product warranty
remedies.
Cancellations. Unless otherwise specified in writing, the Company, at
its own discretion, may accept or deny requests from the Client for
cancellation of Services.
Delivery. Title to and all risks of loss or damage with respect
to the products shall pass to Client upon delivery by seller to the carrier or
buyer’s respective representative at Seller’s warehouse or plant. Custom
programs created by INC Business Systems Corporation remain the intellectual
property of the Company and its authors.
Acceptance. The Client
shall be deemed to have accepted the terms and condition specified here upon
being made aware of these terms via the Documents and upon subsequent request
for services. These terms and conditions
shall be retroactive unless otherwise specified in writing. All
agreements contingent upon strikes, accidents or factors beyond or within the
Company’s control. Unless otherwise specified in writing, all offers to
provide Services, as per the Documents, to the Client may be revoked without
notice at the discretion of the Company.Any terms and
conditions indicated here, found to be unenforceable, illegal, or contrary to
public policy in any jurisdiction will be deleted, but will not affect the
remaining terms and conditions listed herein. May 9, 2007.