Be sure to retain your sales invoice/receipt for warranty/tech support claims and/or future upgrade/update purchases. Unless otherwise agreed in writing by Telematics Technologies, all sales and charges for the goods described herein shall be subject to the terms and conditions set forth herein and the said terms and conditions shall be the sole and exclusive terms and conditions applicable to any such sales. Telematics Technologies will not be bound by any terms and conditions proposed by Buyer in its purchase order or otherwise, which are additional to or different from the terms and conditions set forth hereto.1. Prices and Payments.
(a) Prices. All prices set forth on this Web Site are retail prices for
end-user ("Buyer"). Such prices are subject to change at any time
without notice in the sole discretion of Telematics Technologies. Prices do not include taxes, customs, or delivery/handling costs, which shall be
charged to and listed separately for Buyer in addition to the other fees charged hereunder. All charges shall be sole responsibility of Buyer.
(b) Sales Taxes. Telematics Technologies is required to charge applicable state and local tax on every item for which a sales tax exemption certificate has not been provided. When ordering please indicate clearly which items are tax exempt. All taxes and/or customs shall be sold responsibility of Buyer.
(c) Payment Terms. All terms of payment set forth herein are subject to the approval of Telematics Technologies' accounting department. No discounts are allowed on taxes or shipping/handling charges. All online payments must be pre-paid using either Visa, MasterCard, or American Express. Telematics Technologies reserves the right to decline any orders where credit card bill-to address is different from ship-to address. Telematics Technologies may also decline any orders when deemed necessary to minimize potential fraudulent transactions.
(d) Delivery Costs. Delivery costs (using a carrier of our choice) will be charged for shipments to the location the Buyer designates at the time of his/her purchase. Telematics Technologies does not accept orders for delivery outside continental United States. Any extra charges incurred for additional services such as special handling by the carrier, must be paid by Buyer. Title and risk of loss pass to you upon tender of shipment to the carrier. If Products are damaged in transit, you must file a claim with the carrier per their terms and conditions. (e) Shipping Dates. Shipping dates specified herein or otherwise communicated to Buyer are approximate only. Telematics Technologies does not and shall not guarantee any such dates.
All hardware products (receivers and cables) will carry Manufacturer's Factory Warranty, commencing on the date of shipment to Buyer. Currently, this warranty period is one-year for replacement or repair, which is at sole discretion of Manufacturer, and does not include any damage caused by Buyer or from abnormal use. For software, warranty term is as specified in End-user License Agreement, which is one year from date of order for CD media replacement if media itself is found defective. IN NO EVENT SHALL TELEMATICS TECHNOLOGIES BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR EXEMPLARY DAMAGES IN CONNECTION WITH THE PRODUCTS SOLD TO BUYER VIA THIS SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR OTHER FAULT OF TELEMATICS TECHNOLOGIES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION. IN THE EVENT OF ANY CLAIM BY BUYER, TELEMATICS TECHNOLOGIES' LIABILITY SHALL BE LIMITED TO REPLACEMENT OF THE PRODUCTS THAT ARE THE SUBJECT OF SUCH CLAIM, OR, IF CIRCUMSTANCES WOULD CAUSE THIS REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE, REFUND OF THE COST OF SUCH PRODUCTS TO BUYER, IN EITHER EVENT UPON RETURN OF ANY SUCH PRODUCTS. BY PURCHASING PRODUCTS VIA THIS SITE, YOU ACKNOWLEDGE THAT REPLACEMENT OR REFUND ARE YOUR SOLE AND EXCLUSIVE REMEDIES.3. Cancellation/Returns/Replacements.
Any orders placed by BUYER via the Web Site can only be cancelled prior to shipment. Any refused and/or returned packages will be subject to 15% restocking fee. Shipping and handling charges are non-refundable. Any cancellation must be approved by Telematics Technologies. All software or products sales are final and thus non-refundable. Any claims for damaged or incomplete shipment must be made within 48 hours of receipt by email to sales(at)telematicstech.com, and will only be replaced with the same title.4. Modification of Terms.
Telematics Technologies' acceptance of any order is subject to Buyer's assent to all of the terms and conditions set forth in this Agreement. Buyer's assent to these terms and conditions shall be presumed from its placement of an order via this Web Site, receipt of Telematics Technologies' invoice, or acceptance of all or any part of the goods ordered. No addition or modification of terms and conditions shall be binding upon Telematics Technologies unless agreed to by Telematics Technologies in writing.5. Complete Sales Agreement.
The terms and conditions contained in this Sales Agreement are incorporated herein by reference, and constitute the entire and exclusive sales agreement between Buyer and Telematics Technologies.6. No Third Party Benefit.
The provisions stated above are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.7. General.
(a) Governing Law, Jurisdiction and Venue. This Agreement shall be interpreted and construed under the laws of the State of Michigan without regard to its conflicts of law principles. Any judicial action or proceeding related to this Agreement must be brought in the courts of the
State of Michigan or the United States District Court for Michigan. You consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive all jurisdictional and venue defenses otherwise available to you.
(b) Miscellaneous. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement shall remain in full force and effect. The section headings in this Agreement are for the convenience of the parties only, and shall have no substantive meaning and shall not be used to construe or interpret any provision of this Agreement. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.