Terms & Conditions
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN ACCENT ALARMS INVOICE OR OTHER ACCENT ALARMS DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND ACCENT ALARMS INC HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between Customer and Accent Alarms. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on Accent Alarms Website (the Site). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and Accent Alarms relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Accent Alarms at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be canceled. Customer agrees that the terms and conditions of sale contained herein and in Accent Alarms invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN JEFFERSON COUNTY, COLORADO AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN JEFFERSON COUNTRY, COLORADO AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by Accent Alarms were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be invalid for products exported outside the United States.
Limitation of Liability
THAT NEITHER COMPANY NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, PRINCIPALS, AGENTS, SERVANTS OR EMPLOYEES AND THEIR SUCCESSORS, ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES (HEREINAFTER, COLLECTIVELY “COMPANY ASSOCIATES”) IS AN INSURER: THAT IS IT THE SPECIFIC INTENT OF THE PARTIES THAT (I) INSURANCE COVERING ALL LOSS, DAMAGE AND EXPENSE ARISING OUT OF OR FROM, IN CONNECTION WITH OR RESULTING FROM PERSONAL INJURY INCLUDING, WITHOUT LIMITATION, MEDICAL, DISABILITY AND OTHER INSURANCE FOR PHYSICAL, MENTAL AND EMOTIONAL CONDITIONS, LIFE INSURANCE, AND REAL OR PERSONAL PROPERTY INSURANCE SHALL BE OBTAINED AND MAINTAINED BY THE BUYER, (II) RECOVERY FROM ALL SUCH LOSS, DAMAGE, AND EXPENSE SHALL BE LIMITED TO SUCH INSURANCE COVERAGE ONLY, AND (III) COMPANY AND COMPANY ASSOCIATES ARE RELEASED FROM ANY AND ALL LIABILITY FOR ALL SUCH LOSS DAMAGE AND EXPENSE:
THAT COMPANY AND COMPANY ASSOCIATES MAKE NO EXPRESS GUARANTEE, REPRESENTATION OR WARRANTY:
THAT COMPANY DOES NOT WARRANTY OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASE LOSS OR DAMAGE WILL NOT OCCUR:
THAT COMPANY AND COMPANY ASSOCIATES ARE RELEASED FOR ALL LOSS OR DAMAGE WHICH MAY OCCUR BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT EVEN IF DUE TO THE IMPROPER PERFORMANCE OF OR FAILURE TO PERFORM OF COMPANY OR COMPANY ASSOCIATES, BREACH OF CONTRACT, BREACH OF EXPRESS WARRANTY, OR BY LOSS OR DAMAGE TO OR MALFUNCTION OF FACILITIES NECESSARY TO OPERATE ANY MONITORING STATION:
THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF THE COMPANY OR COMPANY ASSOCIATES FOR THE PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, RESULTS FROM, IS RELATED TO OR IS AN CONSEQUENCE OF THE SERVICE, THE FAILURE OR IMPROPER DISPATCH OF INDIVIDUALS TO THE PREMISES, THE FAILURE OR FAULTY OPERATION OF THE MONITORING STATION FACILITIES, OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF COMPANY ASSOCIATES OR COMPANY, INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, OR ANY CLAIMS BROUGHT IN PRODUCT OR STRICT LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, OR FOR CONTRIBUTION OR INDEMNIFICATION, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $1,000.00 COLLECTIVELY FOR COMPANY ASSOCIATES, AND THIS LIABILITY SHALL BE EXCLUSIVE
Accent Alarms will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Release of Insured Losses
Subscriber hereby releases Company and Company Associates from and against all (i) losses, damages and expenses covered by the Subscribers insurance policies, (ii) deductibles, and (iii) loss, damage and expense in excess of amounts paid by subscribers insurance company
Waiver of Supererogation
Subscriber hereby waives any rights Subscriber’s insurance company may have to be reimbursed by Company or Company Associates for money paid to or on behalf of Subscriber
All pricing is subject to change. Accent Alarms, Inc reserves the right to adjust pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Accent Alarms, Inc. cannot guarantee that it will be able to fulfill Customer’s orders. Accent Alarms will always notify the buyer of any changes; additionally the buyer will have the option to cancel the order at this time.
Customer understands that Accent Alarms is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Accent Alarms. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Accent Alarms. In connection with services, neither affiliates of Accent Alarms nor third party service providers are agents of Accent Alarms and Accent Alarms has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
ACCENT ALARMS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF ACCENT ALARMS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Each product is fully guaranteed by the manufacturer (unless specifically stated otherwise). The complete warranty is included with the product. The manufacturer's warranty covers repair or replacement of defective parts, subject to the conditions set forth.
Most software and/or electronic products may not be returned. Electronic equipment should be bench-tested prior to installation (units that have been installed, scratched, or abused will not be accepted for return or credit).
Returns are subject to a restocking fee, depending on the condition of goods and packaging material; and cost incurred in restocking. Some manufacturers/suppliers do not accept returns, please check with each prior to placing your order. Special order, made to order, and/or products that require programming and/or configuration are not returnable or refundable. Electronic products are subject to the manufacturers determination of fault/failure. No returns will be accepted after 30 days.
All returns require a Return Authorization number, which you can obtain online at www.accentalarms.com or by emailing us. This is the only source of Return Authorization. Please note that an RMA number does not guarantee final disposition. All returns are subject to inspection.
All returned merchandise must be in original factory condition, including all packaging materials, inserts and manuals, warranty cards (not filled out), and accessories. Please do not tape or write anything on the item or packaging. Accent Alarms will charge you for replacement of damaged, altered, missing, written-on, or taped-on contents or cartons. Accent Alarms reserves the right to refuse any such returns.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Accent Alarms unless accepted (credit card transactions processed on the site DO NOT constitute acceptance of an order.) by Accent Alarms and we reserve the right to cancel any order for any reason. Terms of payment are within Accent Alarms sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Accent Alarms may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Accent Alarms harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Accent Alarms costs of collection, including court costs, filing fees and attorney’s fees. All payments by PayPal or wire transfer must be completed within 24 hours of sale. If an order is not paid within the 24 hour window the order will become null and void.
Taxes: Company attempts to make accurate estimation of Colorado jurisdiction sales taxes. The buyers’ invoices will show taxes as required by state and local jurisdictions. Any additional use, sales, excise or other tax, Federal, State, or local, which has been or may be imposed with respect to the sale of personal property or services hereunder are the direct responsibility of the Buyer. Some states require Accent Alarms, Inc to collect and remit sales tax on orders shipping to their state, online order currently only calculate this for Colorado residents. If you are located within one of these states, we will contact you to provide payment of taxes in accordance with your states policies/rates
Delivery: Standard product lead-time is based upon proper receipt of all necessary information and materials to be furnished by the buyer and product availability. In the event that expected ship date is expected to be in excess of 20 days we will contact you. Company shall not be liable for any delays or defaults hereunder by reason of fire, flood, acts of God, labor troubles, inability to secure materials, acts of government or other causes beyond its reasonable control. Company shall not be liable for direct, indirect, special or consequential damages sustained by buyer resulting from delay in delivery or failure to supply product to Buyer.
Should any provision hereof (or portion thereof), or its application to any circumstances, he held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and its effect as valid, biding and continuing