Product Purchase, Custom and/or Integration Services Terms and Conditions

 

Warranty

IntelliTrack, Inc. (INTELLITRACK) warrants the system’s software components will be free from defects and workmanship for a period of 30 days after delivery.  INTELLITRACK further warrants that the products sold hereunder, when properly installed by qualified INTELLITRACK personnel, will substantially meet the specification contained within this proposal. Customer acknowledges and agrees that any warranties included do not extend or apply to products or components not sold by INTELLITRACK. Please review the IntelliTrack Software License Agreement(s) for limitation of warranty and liability with regard to software provided.

Terms

Orders must be prepaid by customer before shipment or sent COD. If orders including a line item for estimated travel expenses are prepaid in full via credit card and the actual travel expenses exceed the estimate, the customer agrees and authorizes the additional expenses to be charged to the credit card used for the pre-payment.

INTELLITRACK may, after reviewing a completed credit application, extend thirty (30) day credit terms. If credit is approved, each invoice shall be due and payable within thirty (30) days of the date of invoice. Invoices not paid within 30 days are subject to a late payment charge of maximum rate allowed by law until paid in full.

Service projects exceeding $3,000 will be subject to the following terms:

• 30% pre-payment with the issuance of the purchase order.

• The remaining 70% will be invoiced incrementally based upon the successful completion of each milestone. Service invoices will be net 30 days.

• Balance upon completion and acceptance of project. Average commencement of a project is two – three (2-3) weeks after receipt and  processing of the purchase order.     Reasonable travel expenses for projects are NOT included and will be billed as incurred.

Limitation of Remedy CUSTOMER’S AND INTELLITRACK’s EXCLUSIVE REMEDY AND ENTIRE LIABILITY IN CONTRACT, TORT, OR OTHERWISE SHALL BE RECIPROCAL AND LIMITED TO THE PAYMENT OF ACTUAL DAMAGES INCURRED, BUT NOT TO EXCEED THE ACTUAL CONTRACT PRICE FOR THE PROJECT AS SPECIFIED HEREIN.

Customer Responsibilities

For integration projects, the Customer shall be responsible for timely site preparation including, but not limited to, the provision for “noise-free” electrical power and sufficient number and type of electrical outlets, internet access or telephone modem connection, dust and smoke provisions, adequate furniture, and sufficient work space for INTELLITRACK personnel to perform installation. Customer shall be responsible for equipment cabling except as specifically set forth herein to be provided by INTELLITRACK. Failure by Customer to provide timely site preparations may result in installation delay.

Customer Acceptance

The system will be deemed accepted by Customer when system has been delivered. The system is deemed not returnable when installed and made ready for use at Customer site with the specifications contained herein or if Customer utilizes system in a production mode. INTELLITRACK will perform installation to insure the software will substantially meet the specification contained within your quote.

Customer Understanding

Customer acknowledges that in purchasing the system described in this quote, the Customer has read, understands, and accepts the representations, specification, terms and conditions, including limitations of liability, contained within this quote. Customer agrees and is satisfied that the specifications and representations set forth in this proposal will completely meet the Customer’s needs and requirements. Customer also acknowledges that the proposal incorporates all representations (expressed or implied) between the parties with respect to the products and services to be furnished hereunder. This proposal supersedes all prior communications between the Customer and INTELLITRACK, including oral and written proposal not specifically included within this proposal. All prior agreements or representations are hereby terminated. Additional software, programming or services not specifically provided for within this proposal are available at extra cost on a time and materials basis.

Project Change Order Procedure and Cost

INTELLITRACK acknowledges that changes may occur after the acceptance or  performance of this quote, which may materially increase or decrease the cost of this project. This event would require a written “change order” document to identify the scope of work and its associated cost. This document will also be used to obtain proper authorization and to monitor project costs.

Assumptions

Default functionality In order to keep our pricing competitive and our delivery times short we will use the “Standard Features” of the programming environment in order to meet the specification. We are also not responsible for any inherent limitations of the programming environment involved.

Hardware limitations

The functionality listed in this quote is also condition to any limitations of the  hardware it runs on such as “Hard Disk Space” and “Memory.”

Software development training

We provide this service to better enable our customers to write solutions for our products. We will provide the trainee the opportunity to address particular issues and questions with an experienced IntelliTrack programmer as well as additional insight into the application development process. This includes time and information, but does not necessarily produce a functional, well-tested, robust, or logical program. The student is responsible for the implementation of the general principals learned in the training. IntelliTrack assumes no responsibility for the performance of any program created or modified by other than its own programmers under a formal specification and quote.

Support agreements

Modifications to IntelliTrack require a standard support agreement in addition to any custom support. All Support agreements are valid for one year from delivery of the software. The support agreement may be renewed at any time.

Returns

Registered Products Registered

Software Products may not be returned under any circumstances.  a. Special exception: IntelliTrack has documented at its sole discretion that in the implementation of custom services that for any reason the product or services have failed. This applies only to modified products. Limitation of liability applies only to the base out of box product. All services, modification support, programming of modifications are non refundable.

Non-Registered Products

At its sole discretion IntelliTrack will allow the return of a product as long as the product is returned within 30-days of purchase where the customer has paid for the product. IntelliTrack will charge a minimum 25% restocking fee for the product return. Repayment will be scheduled upon return and inspection of the product. Repayment will occur within 90-days of receipt of the return. Policy applies to Unregistered “Out of Box” Product only and Unregistered Support Contracts.

Non-Registered Products-Out of Date Return Request

After 30 days at its sole discretion IntelliTrack will allow the return of a product out of date where the customer has paid for the product but services have not been exercised.  This policy is void if the customer has failed to respond to IntelliTrack service providers in a timely manner extending the service schedule. IntelliTrack will charge a 50% restocking fee for the product return. Repayment will be scheduled upon return and inspection of the product. Repayment will occur within 90 days of receipt of the return. Policy applies to unregistered “Out of Box” Product only and Unregistered Support Contracts. Non-Registered Products where the lapse time is or exceeds 90-days may not be returned.

Non-Registered Product-Exchange

A customer may exchange the purchased IntelliTrack product within 90-Days only if the product was purchased directly from IntelliTrack, for another IntelliTrack product of equal or lesser value. There is no restocking fee. A rebate payment will be scheduled upon return and inspection of the product. Replacement product will ship upon qualifying the returned product. Repayment will occur within 90-days of receipt of the return. Policy applies to unregistered “Out of Box” Product only and Unregistered Support Contracts. Standard terms and conditions then apply to the replacement product. Customer signature is required on a zero dollar Replacement IntelliTrack e-quote.

IntelliTrack Terms and Conditions are subject to change without notice. Customer is bound by version number at time of purchase. Terms and Conditions v3.30.2011