U.S. Terms
and Conditions of Sale - Direct (Applies to all direct
purchases-by internet, phone, or in our Stores)
PLEASE READ THIS DOCUMENT
CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR
RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A
DISPUTE RESOLUTION CLAUSE.
These
terms and conditions ("Agreement") apply to your purchase of
products and/or services and support ("Product") sold in the United States
by Anviz Biometric Inc, including its affiliates or
subsidiaries. By accepting delivery of the Product, you
accept and are bound to the terms and conditions of this
Agreement. If you do not wish to be bound by this Agreement,
you must contact Anviz Biometric and return your purchase
pursuant to Anviz Biometric's Return Policy. See:
Return Policy.
1. Other
Documents. This
Agreement may NOT be altered, supplemented, or amended by
the use of any other document(s) unless otherwise agreed to
in a written agreement signed by both you and Anviz
Biometric. If you do not receive an invoice or
acknowledgement in the mail, via e-mail, or with your
Product, information about your purchase may be obtained
by contacting your sales representative.at:
2. Payment
Terms; Orders; Quotes; Interest.
Terms of payment are within Anviz Biometric's sole
discretion, and unless otherwise agreed to by Anviz
Biometric, payment must be received by Anviz Biometric prior
to Anviz Biometric's acceptance of an order. Payment for the
products will be made by credit card, wire transfer, or some
other prearranged payment method unless credit terms have
been agreed to by Anviz Biometric. Invoices are due and
payable within the time period noted on your invoice,
measured from the date of the invoice. Anviz Biometric may
invoice parts of an order separately. Your order is subject
to cancellation by Anviz Biometric, in Anviz Biometric's
sole discretion. Unless you and Anviz Biometric have agreed
to a different discount, Anviz Biometric's standard pricing
policy for Anviz Biometric -branded systems, which include
both hardware and services in one discounted price,
allocates the discount off list price applicable to the
service portion of the system to be equal to the overall
calculated percentage discount off list price on the entire
system. Anviz Biometric is not responsible for pricing,
typographical, or other errors in any offer by Anviz
Biometric and reserves the right to cancel any orders
resulting from such errors.
3. Shipping
Charges; Taxes; Title; Risk of Loss.
Shipping and handling are additional unless otherwise
expressly indicated at the time of sale. Title to products
passes from Anviz Biometric to Customer on shipment from
Anviz Biometric's facility. Loss or damage that occurs
during shipping by a carrier selected by Anviz Biometric is
Bioelctronix's responsibility if shipping insurance was
purchased at time of sale . Loss or damage that occurs
during shipping by a carrier selected by you is your
responsibility. You must notify Anviz Biometric within 2
days of receiving the product or acknowledgement if you
believe any part of your purchase is missing, wrong or
damaged. Unless you provide Anviz Biometric with a valid and
correct tax exemption certificate applicable to your
purchase of Product and the Product ship-to location, you
are responsible for sales and other taxes associated with
the order. Shipping dates are estimates only.
4. Warranties.
THE LIMITED WARRANTIES APPLICABLE TO ANVIZ
BIOMETRIC-BRANDED HARDWARE PRODUCT CAN BE FOUND AT
http://www.bioelectronix.com OR IN THE DOCUMENTATION
PROVIDED WITH ANVIZ BIOMETRIC--BRANDED PRODUCT. ANVIZ
BIOMETRIC MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON
ANVIZ BIOMETRIC-BRANDED PRODUCT, SERVICE, MAINTENANCE OR
SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR
SUPPORT IS PROVIDED BY ANVIZ BIOMETRIC"AS IS" AND ANY
THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT
ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT
BY ANVIZ BIOMETRIC. ANVIZ BIOMETRIC MAKES NO EXPRESS
WARRANTIES EXCEPT THOSE STATED IN ANVIZ BIOMETRIC'S
APPLICABLE ANVIZ BIOMETRIC-BRANDED WARRANTY OR SERVICE
DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING
SLIP OR ACKNOWLEDGEMENT. ANVIZ BIOMETRIC-BRANDED WARRANTIES
AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND ANVIZ
BIOMETRIC IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE
SERVICE UNTIL ANVIZ BIOMETRIC RECEIVES PAYMENT IN FULL.
ANVIZ BIOMETRIC MAY REQUEST CANCELLATION OF
THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE
OR SUPPORT IF ANVIZ BIOMETRIC DOES NOT RECEIVE PAYMENT. IF
YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES,
MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND
CONDITIONS MAY APPLY.
5. Software.
All software is provided subject to a license
agreement and you agree that you will be bound by such
license agreement in addition to these terms. Title to
software remains property of Anviz Biometric Inc.
6. Return
Policies; Exchanges.
Anviz Biometric's return policy can be found at
http://www.bioelectronix.com and you agree to
those terms. You must contact us directly before you attempt
to return Product to obtain a Return Material Authorization
Number for you to include with your return. You must return
Product to us in their original packaging. You are
responsible for risk of loss, shipping and handling fees for
returning or exchanging Product. Additional fees may apply.
If you fail to follow the return or exchange instructions
and policies provided by Anviz Biometric, Anviz Biometric is
not responsible for Product that is lost, damaged, modified
or otherwise processed for disposal or resale. At Anviz
Biometric's discretion, credit for partial or damaged
returns may be less than invoice. Any services or software purchased directly from Anviz Biometric, such as technical support, trainings, installations, and license keys are non refundable.
7. Service and
Support.
Service offerings may vary from Product to Product.
In addition to these terms and conditions, Anviz Biometric
service providers may provide such service and support to
you in the
United States in accordance
with the term and conditions located at http://www.Anviz
Biometric.com or as otherwise delivered to you. Anviz
Biometric service providers may in their discretion revise
their general and optional service and support programs and
the terms and conditions that govern them without prior
notice to you. Anviz Biometric has no obligation to provide
service or support until Anviz Biometric has received full
payment for the Product or service/support contract you
purchased. Anviz Biometric is not obligated to provide
third-party branded service or support, or service or
support for any products or services that you purchased
through a third-party and not Anviz Biometric. It is your
responsibility to backup all existing data, software, and
programs before receiving services or support (including
telephone support). Anviz Biometric service providers will
have no liability for loss or recovery of data, programs or
loss of use of system(s) arising out of the services or
support or any act or omission, including negligence, by
Anviz Biometric service providers. Prior to Anviz Biometric
service provider providing service or support, you represent
that your system(s) does not contain illegal files or data.
You also represent that you own the copyright or have a
license to make copies to all files on your system and do
not have any data that would cause Anviz Biometric to be
liable for copyright infringement if those files were copied
by Anviz Biometric service providers.
8. Limitation
of Liability.
ANVIZ BIOMETRIC DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH
HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR
PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF
BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE
PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY
PROVIDED HEREIN, ANVIZ BIOMETRIC WILL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCT, ANVIZ BIOMETRIC IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING
ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET
FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH
REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
9. 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 STATUTORY, CONSUMER PROTECTION,
COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND ANVIZ
BIOMETRIC arising from or relating to this agreement, its
interpretation, or the breach, termination or validity
thereof, the relationships which result from this agreement,
Anviz Biometric's advertising, or any related purchase SHALL
BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT
REGARD TO CONFLICTS OF LAW.
10.
Indemnification. You agree to defend, indemnify and hold harmless Anviz
Biometric.com and its affiliates from and against any and
all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the
Site.
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