Due to our processing, cancellations must be requested the same day the order was placed, before 5:00 pm EST. If you wish to cancel or change your order, you must contact us immediately. If your order has already been shipped, and you still wish to cancel it, we must treat it as a return and you may not be eligible to receive a refund of the S/H and return postage.
POS SALES AGREEMENT TERMS AND CONDITIONS
1. As set
forth herein, the buyer of the goods under the Sales Agreement shall be
referred to as the “Customer” and the seller of the goods shall be referred to
as “SNS World Business
Solutions”.2. Effective as of the date executed by
the Customer as indicated on the reverse and when accepted in writing by an
officer or duly authorized representative of SNS World Business Solutions.
3. SNS
World Business Solutions hereby agrees to sell to Customer, and Customer hereby
agrees to purchase from SNS World Business Solutions the goods listed on the
Attached Quote, which are hereinafter called the “Goods”. Customer shall be
conclusively deemed to have accepted and agreed to the price, quantity, quality
and grade of the goods within ten (10) days after delivery of the goods.
4. If SNS
World Business Solutions does not receive written notice from Customer
rejecting or revoking acceptance of the goods within five (5) days after
delivery of the goods to the Customer then Customer shall have waived any right
to reject the goods or revoke acceptance of the goods. In no event may customer
setoff payment of any rejected goods against payment due on the goods.
5. Customer
expressly warrants and represents that in the event the goods listed on the
attached Quote reference an interface that SNS World Business Solutions sole obligation
with respect to any interface is to produce information in a ready readable
format at the interface. Customer shall be responsible for all cost or other
related charges that may be charged to or collected from Customer by any other
firm, person, corporation or entity that may connect to the interface.
6. The
deposit represents a non-refundable payment to SNS World Business Solutions for
systems consultation associated with site evaluation, system presentation,
and/or programming, documentation of the equipment and order processing costs,
phone calls, travel charges and any other related expenses.
7. Unless
otherwise provided for in writing, the Sales Agreement is not contingent upon
Customer obtaining financing.
8. Title,
ownership and the right to possession of the goods shall remain with SNS World
Business Solutions until all sums due under the Sales Agreement are paid. If
payment is not made when due, SNS shall have the immediate right to enter any
premises, where goods are located and to take possession of the goods without
notice or demand and without legal proceedings or with an exparte court order
if necessary. SNS also has the right to revoke the system software operability
if payment is not made when due, and Customer agrees to pay on demand a
reasonable equipment rental fee and all expenses which have been incurred by SNS
including, but not limited to, training and installation expenses, repossession
costs, attorney’s fees and court costs.
9. Customer
is responsible and shall pay all taxes and tariff, including municipal, state
and federal taxes, however designated which may now or hereinafter be imposed
upon the sale, shipment, installation, ownership, possession or use of goods.
10. Any
financing documents executed in connection with this Sales Agreement,
including, but not limited to, and promissory note, security agreement or
financing statement shall be deemed to be part of this Sales Agreement. SNS
World Business Solutions will charge the customer 1.5% interest per month for all
outstanding balances due to SNS World Business Solutions.
11. SNS
World Business Solutions will endeavor in good faith to deliver the goods
purchased by the customer pursuant to this Sales Agreement within the requested
delivery date. SNS will not be liable for any delay in delivery or failure to
deliver caused by the unavailability of material, strikes or other labor
difficulties, interruption of production due to mechanical or technical
reasons, government interference, or force majeure.
12. All
claims for shortage or damage prior to delivery shall be deemed waived unless
made in writing and delivered to SNS World Business Solutions with ten (10)
days after delivery of the goods to customer.
13. Upon
delivery, all risk of loss or damage to the goods from any cause whatsoever
shall be borne by Customer.
14. The
purchase price may include initial programming and training of personnel in the
use and operation of the goods. SNS World Business Solutions and Customer
agrees that SNS World Business Solutions sole obligation for training is to
supply a qualified instructor for the designation number of training hours. SNS
neither warrants nor represents that after such training time any specific
individual or individuals designated by the Customer will be able to properly
use and operate the system. Any additional training time will be billed by SNS at
its prevailing rates.
15. The
purchase price includes installation of the goods at Customer’s site. It is
expressly understood that installation of AC power lines and all data cable is
the sole responsibility of Customer. Customer acknowledges receipt of
documentation concerning the requirements for dedicated, isolated and insulated
AC power lines for all SNS World Business Solutions equipment. SNS World
Business Solutions is not responsible for the inspection of such electrical
installation.
16. SNS
World Business Solutions warrants that upon delivery, the equipment shall be in
good working order. After delivery, should any part of the goods prove to be
defective in material or workmanship, SNS will repair or replace such part at
no charge to Customer for a period of ninety (90) days or where First Year
Warranty is indicated on the Sales Agreement a full year Monday to Friday
8:30am to 5:00pm hardware and 24/7/365 live phone support, including parts and
labor. Customer acknowledges and agrees that SNS World Business Solutions
warranty is contingent upon Customer providing conditions conforming to SNS electrical
specifications including access to a phone line for support while on-site and
when performing remote support. If Customer fails to provide a phone line for
remote support via modem then Customer will be responsible for any travel and
mileage charges incurred by SNS as a result of having to travel to Customer’s
business in order to perform services that would have otherwise been performed
via internet access to the system.
17.
DISCLAIMER. SNS WORLD BUSINESS SOLUTIONS DOES NOT MAKE ANY WARRANTIES,
REPRESENATIONS, OR GUARANTIES OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS
SALES AGREEMENT. SNS WORLD BUSINESS SOLUTIONS SPECIFICALLY DOES NOT WARRANT THE
MERCHANTABILITY OR FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE OR INTENDED
USE. LIMITATIONS OF LIABILITY, THE LIABILITY OF SNS WORLD BUSINESS SOLUTIONS,
IF ANY, AS A RESULT OF THIS AGREEMENT WHETHER IN CONTRACT, TORT, OR OTHERWISE
SHALL NOT EXCEED THE TOTAL CHARGES PAID BY THE CUSTOMER TO SNS WORLD BUSINESS
SOLUTIONS. SNS WORLD BUSINESS SOLUTIONS IS NOT LIABLE FOR DAMAGES WHICH ARE
INCIDENTAL OR CONSEQUENTIAL. THIS NON-LIABILITY OF SNS WORLD BUSINESS SOLUTIONS
SHALL BE WITHOUT RECOURSE EVEN IF SNS WORLD BUSINESS SOLUTIONS HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH
DAMAGES
SPECIFICALLY INCLUDE BUT ARE NOT LIMITED TO LOSS OF PROFITS.
18. ALL
CLAIMS OF ANY TYPE BY CUSTOMER AGAINST SNS WORLD BUSINESS SOLUTIONS MUST BE
BROUGHT WITHIN ONE YEAR OF ACCEPTANCE OR SHALL BE FOREVER BARRED. THE REMEDIES
EXPRESSED IN THIS CONTRACT ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE.
19.
Warranty coverage will not be extended for repairs made necessary due to fire,
water, spillage, storm, burglary, power line fluctuations, accident,
negligence, or abuse. The warranty specifically excludes damage to printer
heads or motors caused by paper jams or insertion of foreign objects between
the printer and the print surface. Any repair resulting from such causes or
events will be performed only after Customer’s approval of estimated cost to
repair.
20.
Customer is responsible for all data back-up, storage, and integrity as well as
any necessary hard copy audit trails. Customer is responsible for any computer
virus which may be introduced to the Customer’s computer from outside sources,
floppy disk, readable CD (compact disk) or via the internet.
21. This
Sales Agreement constitutes the entire agreement between Customer and SNS World
Business Solutions and may not be amended except by writing signed by both
Customer and SNS. Customer expressly represents to SNS World Business Solutions
that no officer, employee, representative or agent of SNS has made or entered
into any oral agreement, promise or understanding which conflicts with any item
of the terms set forth in the contract. Customer acknowledges that it has
received a copy of this Sales Agreement.
22. This
Sales Agreement shall be governed by and construed according to the laws of the
State of Wisconsin. Venue in any proceeding arising out of this agreement either
by complaint, counterclaim, or third party complaint shall be in Washington
County WI. If there is a need to enforce this agreement, the prevailing party
shall be entitled to all attorney's fees and costs, including any appeals.
23. This
Sales Agreement shall be binding upon inure to the benefit of SNS World
Business Solutions and Customer and to the successor or against of the entire
business and assets of either of them or of that part of the business and
assets of either used in performance of this Sales Agreement. It is anticipated
and understood that SNS will subcontract certain obligations under this Sales
Agreement to SNS service representatives and subcontracted service partners.
This Sales Agreement is not otherwise assignable without written consent of wither
party.
24. The
Customer, by execution of this agreement, specifically acknowledges that this
agreement shall stand as the security agreement and may be attached to any filing
of a UCC-1 and that all merchandise, computer hardware and software and any
peripheral equipment listed on this agreement or any purchase order, merchandise
list or other list of equipment shall stand as collateral for the UCC-1. The
Customer agrees that it shall not sell, lease, factor, loan, or otherwise hypothecate
the equipment listed herein or on the UCC-1.
25. In the
event of a default in payment by the Customer and 5 day written notice, fax
notice being acceptable, and opportunity to cure, the Customer grants SNS Worlds
LLC. the explicit power to replevin without notice, by any manner required by
the courts and through any fast track court proceeding, all goods, merchandise
and other equipment secured by the UCC-1.
26. If any
part of this Sales Agreement is invalid such invalidity shall not affect the
validity of the remaining terms and conditions.
27. SNS
World Business Solutions shall have the right to terminate any order, or to
delay the shipment thereof, by reason of the filing of bankruptcy or insolvency
proceedings relating to Customer breach of any of the terms of this Sales
Agreement, assignment without advance written approval, the pendency of any
proceedings against Customer, or Customer’s failure to meet any other contract
or business requirements.
28.
Customer acknowledges that the cost of delivering the goods to Customer’s site
is included in the attached Quote. If the Customer requests delivery of goods
for a specific delivery date and would like to change the desired delivery date
then the Customer must notify SNS World Business Solutions in writing no less
than five (5) business days in advance. SNS reserves the right to charge
Customer two (2) percent of the purchase price for refusing delivery of goods
after execution of the purchase order.
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