THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF FLORIDA AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF FLORIDA AND THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF FLORIDA. THE LAWS OF THE STATE OF FLORIDA GOVERN THIS AGREEMENT, EXCLUDING ITS CONFLICTS OF LAWS RULES AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
Prices are subject to change without notice. Clerical errors are not binding and may be corrected by ITTWARE Corp. at any time after discovery.
Delinquent accounts will be subject to a 30% APR finance charge (0.083% per day) plus collection and legal costs if incurred. A $25.00 fee will be applied to all returned checks.
Unless otherwise noted, delivery will be made F.O.B. ITTWARE Corp. (continuing on these terms and conditions of sales as ITTWARE Corp.) to be paid by client. Upon client’s verification of merchandise received, client’s or client’s designated pick up agent’s signature acknowledges order was received in full. If there are any discrepancies, client must clarify with handler or sales representative before signing order. Risk of loss passes to client upon delivery by ITTWARE Corp. to common carrier. Items ordered together are not necessarily shipped together due to availability. ITTWARE Corp. will determine prior to shipment if backorders or substitutes are acceptable.
All shipping and related transit costs for delivery are non refundable.
Service & Support:
If you have any problems with a product you have purchased from ITTWARE Corp., you must contact our technical support staff before deciding to return the product. If no solution is reached, an RMA # will be issued. In the event that you received damages in your shipment, please contact us within 15 days of receipt of order to be considered.
Return Merchandise Authorization (RMA) policy as follows:
1. RMA # is only good for 10 days from the date of issue.
2. No merchandise may be returned without prior written authorized RMA #.
3. All returned merchandise must be accompanied by a copy of the invoice, and the RMA# written on
the mailing label.
4. ITTWARE Corp. reserves the right not to repair product until appropriate component
5. All returns must be shipped prepaid (No COD Accepted.) Shipping charges are not refundable.
6. “No Fault Found” RMA items can be returned for credit with a restocking fee or returned at client’s
7. RMA items will be repaired or replaced at ITTWARE Corp.’s discretion.
BE SURE TO CLEARLY MARK THE RMA NUMBER ON THE OUTSIDE OF THE BOX AND ENCLOSE THE PROOF OF PURCHASE, OTHERWISE, YOUR RETURN WILL BE REF– — USED. FREIGHT COLLECT OR COD RETURNS WILL ALSO BE REF– — USED.
Return/ Restocking charge: If ITTWARE Corp. accepts returned merchandise, it will be in the form of store credit. Returned merchandise will be subject to a minimum restocking charge of fifteen percent (15%) within 14 days unless ITTWARE Corp. has made other arrangements. After 14 days, a restocking fee exceeding 15% may be charged at the RMA Department’s discretion. ITTWARE Corp. reserves the right to refuse merchandise back for credit. Merchandise returned or exchanged must be approved by ITTWARE Corp. Exchanges
are granted within 30 days of purchase only.
ABSOLUTELY NO REFUNDS.
Limitation of Liability: ITTWARE Corp. will not be responsible for consequential damage to the system or its components caused by either internal or external equipment including but not limited to shorted connections or components not installed or obtained from ITTWARE Corp.
ITTWARE Corp. shall not be liable for damages of product including but not limited to physical abuse, excessive use, liquids, spilled chemicals, oxidation or component corrosion caused by exposure to natural elements. ITTWARE Corp. will assume no responsibility for any consequence that may arise while installing and/or using these products.
The limited warranty also does not cover any losses or damages that may occur as result of:
1. Shipping or improper installation or maintenance.
2. Misuse, neglect or improper environment.
3. Any repair, modification, adjustment, or installation of options/parts by anyone other than a Logicom Systems Corp. authorized service center, excessive/inadequate electrical power surges or other irregularities.
“ITTWARE Corp. do not do any elevator work.” All elevator work need to be done by the elevator company that is in charge of maintenance of the elevator; ITTWARE Corp. will only do the security implementation of the elevator after the elevator company do the necessary connection to the elevator.
Manufacturer’s Warranties: All products manufactured by ITTWARE Corp. have two year warranty from the original date of purchase. For products not manufactured by ITTWARE Corp. we will assist in the repair of return of products covered under their respective warranties upon request. ITTWARE Corp. assumes no responsibility for these products or their respective warranties.
The undersigned agrees to pay all invoices within the terms of the sale and further agrees to pay all collection costs and attorney fees necessary to collect past due amounts.
The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys’ fees, incurred by the prevailing party in resolving such dispute.
This clause creates a right to recover costs and expenses paid by the party that prevails in a contract dispute. The way this clause is worded, the costs and expenses are not limited to those paid in a lawsuit-the costs and expenses incurred in any contract dispute could be recovered. It’s just as common to see this clause written to apply only to costs and expenses incurred by the prevailing party in a lawsuit.
This agreement shall be governed by and construed in accordance with the internal laws of the State of Florida, U.S.A., without reference to any conflicts of law provisions.
Choice of Venue:
Each party hereby submits to the exclusive jurisdiction of, and waives any venue or other objection against, any federal court sitting in the State of Florida, U.S.A., or any Florida court in any legal proceeding arising out of or relating to this contract. Each party agrees that all claims and matters may be heard and determined in any such court and each party waives any right to object to such filing on venue, forum non-convenient, or similar grounds.
The choice of law or governing law provision determines what state law is applied to the contract, while this clause determines what state court system can resolve the dispute. Each party will want to file a lawsuit in the state Florida Miami-Dade county, they are our headquartered. This provision creates an enforceable agreement between the parties that lawsuits can only be determined in the courts of the Mimai-dade Florida, USA.
By purchasing from ITTWARE Corp. Client accepts and agrees to all Terms and Conditions of Sale.