WEBSITE TERMS OF SALE

 

These terms apply to all consumer purchases of Exertis products, software, services, or support.

PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS THROUGH THIS WEBSITE. 

These Terms of Sale (“Agreement”) apply to your purchase of product, services and support (together, “Products”) sold in the United States and Canada by Exertis. You agree to these terms by placing your order. If you have already placed your order and no longer want to be bound to this Agreement then you must either promptly cancel your order or return your purchase in accordance with Exertis’ return policy described below. Please act promptly and note that these options may carry restocking or other fees.

Exclusive Terms and Conditions of Sale.  This Agreement sets out the exclusive terms and conditions of sale of Products.  Your acceptance of any order is expressly conditioned on Exertis’ assent to and acceptance of these Terms, including all terms that are different from or in addition to any purported terms and conditions of the order.  Any additional, different or other terms and/or conditions contained in any purchase order or other communication by or from you or, if applicable, on your web site are hereby objected to and rejected by Exertis.  All offers to sell are expressly conditioned on your assent to and acceptance of these Terms.  You accept the terms of this Agreement by placing any order on this website or by telephone, or by accepting delivery of Products.  In the event of any claimed conflict between this Agreement and other alleged terms and conditions contained in any other document, the terms of this Agreement shall control and take precedence over any other alleged terms and conditions, with any conflict to be resolved in favor of this Agreement.

This is a binding agreement. As an Agreement between Exertis and yourself, it may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and Exertis. In addition to this document, the terms contained within the other Exertis documents referenced in this Agreement.

Orders, Pricing and Payments. Exertis strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by Exertis, in Exertis's sole discretion. Unless otherwise agreed to by Exertis, payment must be received by Exertis prior to our acceptance of an order. Exertis may process payment for and ship parts of an order separately. We aim to provide our customers with competitive prices on the products we offer. Prior to submitting your order you will have the opportunity to review product prices and any applicable sales tax, shipping, and handling charges. Prices are exclusive of, and you shall pay, all taxes, duties, levies or fees, or other similar charges imposed on your purchase by any taxing authority (other than taxes imposed on Exertis’ income) related to your order.

If you feel your order should be tax exempt you must provide a valid tax exempt certificate—other than a resale certificate—at the time you place the order. Exertis sales are intended for personal use and not for resale so we do not accept resale certificates.

Shipping. Product title passes to you when the Product is shipped. You have 21 days to notify Exertis of any missing, wrong, or damaged portion of your purchase or Exertis cannot be held responsible for these issues. Unless you provide Exertis 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.

Warranties. Limited 1-Year Warranty and Exclusive Remedy.  Exertis warrants that for a period of one year from the date of sale, the Products shall substantially conform to Exertis’ design criteria and manufacturing specifications and tolerances for the Products.  If the nonconformity is discovered within 7 days of receipt, your sole and exclusive remedy is to select, at your option, to exchange the nonconforming Product for a Product of the same model or receive a refund of the purchase price paid for the nonconforming Product, including the original delivery charge.  If the nonconformity is discovered after 7 days of receipt, your sole and exclusive remedy is, at Exertis’ option, an exchange of the nonconforming Product for a Product of the same model or a refund of the purchase price paid for the nonconforming Product.  All warranty claims are conditioned on Buyer returning the Products to Seller and Seller’s determination, in its sole discretion, that the Products are nonconforming.  For information on how to return Products and make a warranty claim, see www.securityxtrainc.com/returns. 

This warranty excludes and Exertis shall have no liability of any kind relating to the Product, whether under this Warranty or in contract, tort or otherwise, for any nonconformity, defect or damage caused by 1) normal wear and tear, 2) Product alteration or modification, 3) Product abuse, misuse, neglect or vandalism, 4) weather, natural elements or force majeure, or 5) faulty packaging or mishandling in transit by carrier.  Exertis’ warranty extends only to you as Buyer from Exertis and may not be assigned or transferred. 

THIS LIMITED 1-YEAR WARRANTY IS THE EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES.

EXERTIS MAKES NO OTHER WARRANTIES FOR ANY PRODUCTS, AND MAKES NO WARRANTIES WHATSOEVER FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR NON-EXERTIS BRANDED PRODUCTS SOLD THROUGH THIS WEBSITE, IF ANY SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY EXERTIS "AS IS" AND ANY THIRD-PARTY WARRANTIES, PRODUCTS, SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY EXERTIS. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Returning Products.  www.securityxtrainc.com/returns

Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.

Limitation of Liability. EXERTIS 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, EXERTIS 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, EXERTIS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

Force Majeure. Exertis shall not be liable to you for any failure or delay in the performance of its obligations hereunder, to the extent such failure or delay is caused by fire, flood, earthquakes, other elements of nature; acts of war; terrorism, riots, civil disorders, rebellions or revolutions; epidemics, communication line or power failures; governmental laws, court orders or regulations; or any other cause beyond the reasonable control of Exertis.

Entire Agreement.  The terms of this Agreement, together with the quantity, price and delivery schedule for the Products, as determined by Exertis, constitute the complete and final agreement and understanding between Exertis and you relating to the Products and supersede all prior oral or written communications, agreements, understandings, representations, statements, and assurances between the parties.  No oral or written statement, representation, covenant or warranty not contained in this Agreement shall be binding on Exertis and no provisions of the Agreement may be modified, amended, changed or waived in any respect except in writing by an authorized representative of Exertis.

Governing Law.  All matters relating to these Terms of Sale or to your purchase of Exertis Products through this website and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims) shall be governed by, and construed in accordance with, the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).  Any legal suit, action, or proceeding arising out of, or related to, these Terms of Sale or your purchase of Products through it shall be instituted exclusively in the federal or state located in the Southern District of New York, and you consent to the exercise of personal jurisdiction by, and exclusive venue in, such courts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.