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.