CallerID.com Terms And Conditions Of Sale
Payment terms for first time customers are: C.O.D. (cash or certified check), credit card (VISA, Mastercard, American Express, or Discover), or direct wire transfer of US funds unless an open account has been established.
All remittances hereunder, including interest payments, shall be made payable in US dollars to the CallerID.com by cash or check without deduction for exchange fluctuations, customs or foreign government assessments (taxes, stamps, or similar charges). The CallerID.com also accepts credit cards (VISA, MasterCard, American Express or Discover), and direct wire transfers. International credit card payments must be pre-approved by CallerID.com's accounting department.
Additional Terms Of Payment
In the event Buyer fails to fulfill CallerID.com's terms of payment, or in case CallerID.com may have doubt as to Buyer's financial responsibility, CallerID.com may decline to make further deliveries until the buyer's account is paid in full, orders are prepaid before shipment, or other satisfactory security is obtained.
Availability of product is subject to prior sale and confirmation upon receipt or acceptance of order. If for any reason CallerID.com is unable to supply the total demand for product, CallerID.com may distribute its available supply among any or all purchasers, as well as departments and divisions of CallerID.com, on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from.
The cost of freight and freight insurance is prepaid by the CallerID.com and added to the invoice unless otherwise stated on the Buyer's purchase order. Product is shipped from the CallerID.com's manufacturing location in Norcross, Georgia using only Federal Express (Air and Ground) for domestic shipments and DHL for international shipments. If Buyer specifies any carrier other than specified above and CallerID.com agrees to ship using the alternate carrier, Buyer will not hold CallerID.com responsible for late or undelivered goods. All prices for product either published, written, or verbally quoted reflect product shipped FOB Norcross, Georgia, USA.
Retail customers that purchase product directly from the CallerID.com have 45 days from date of shipment to return product for a refund. Authorized resellers of CallerID.com are extended 60 days from date of shipment to return product for credit or refund. Credits or refunds are given on the purchase price of the merchandise only. CallerID.com does not refund freight charges. Full refunds are subject to returned equipment arriving in excellent condition and including all peripheral accessories originally shipped with the equipment. At the sole discretion of the CallerID.com, a partial refund amount may be given due to functional and/or physical damage to the equipment, or missing peripherals. Special order equipment produced either partially or entirely for a specific buyer including special firmware, custom hardware design, custom packaging and/or OEM labeling may be also subject to a restocking charge.
Performance Or Non-Performance Liability
No liability shall result from delay in performance or non-performance, directly or indirectly caused by circumstances beyond the control of the party affected, including, but not limited to, Act of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, inability to obtain material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected. CallerID.com shall have no obligation to purchase supplies of the products (or materials) specified herein to enable it to perform this agreement.
CallerID.com warrants that the use or sale of the products (or materials) delivered hereunder will not infringe the claims of any United States patent covering the products themselves; but does not warrant against infringement by reason of the use thereof in combination with other products or in the operation of any process.
Fair Labor Standards Act
CallerID.com warrants that all products (or materials) delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended.
Limitations On Liability
Products manufactured by CallerID.com are not authorized for use as critical components in life support devices or systems, as well as any crucial emergency telecommunications systems. CallerID.com products are not designed for 911 emergency systems and should not be used for, or in conjunction with, these types of systems or any other similar systems. Except as set forth herein, Callerid.com makes no warranties, expressed or implied, and CallerID.com disclaims and negates all other warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, conformity to models or samples, or any warranties or indemnities against intellectual property infringement.
This document contains all of the terms and conditions with respect to the sale and purchase of the products sold hereunder. These terms and conditions supersede any of previous date and no modifications thereof shall be binding on CallerID.com unless separately contracted in writing and agreed to by a duly authorized representative of CallerID.com. No modification shall be affected by the acknowledgment or acceptance of purchase order forms stipulating different conditions. Unless Buyer notifies CallerID.com in writing to the contrary as soon as possible after receipt of this document by Buyer, acceptance of the terms and conditions hereof by Buyer shall be indicated. In the absence of such notification, the Buyer's acceptance of the products shall be equivalent to Buyer's assent to the terms and conditions hereof. Waiver of either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur.