Terms & Conditions of Sale
This document contains the terms and conditions that apply to Customer's purchases of Products from Log-Alert Corp. Acceptance of Customer's order is based on these terms and conditions of sale applying. By accepting delivery of products from Log-Alert, Customer agrees to be bound and to accept these terms and conditions. These terms and conditions shall apply unless Customer and Log-Alert have signed a separate purchase agreement with different terms and conditions which expressly control.
Web Specials: from time-to-time, Log-Alert will offer special online sales and discounted items. Inventory is limited. Specials are first come, first served; no rain checks are available on web special product(s).
Payment for Hardware: acceptable forms of payment include only credit card payment through our online store or via a sales associate (VISA, MasterCard, or Discover). All payments are in United States of America (USD) currency only.
International Customers: Log-Alert is not responsible for any brokerage, customs fees, or country taxes. The actual value of all orders is indicated on the invoice, and restatements using lower values are not permitted.
Claims for Missing or Damaged Goods: any claims by Customer for omission of products in the shipped goods, shortages of product, or damaged goods in a shipment are waived by Customer unless Customer provides notice to Log-Alert within 15 days after Customer's receipt of shipment.
(a) Log-Alert warrants that Log-Alert-branded products will be free from defects in materials and workmanship for a period of one (1) year from the date of shipment with respect to hardware and will materially conform to their published specifications for a period of one (1) year with respect to software. Log-Alert may resell sensors manufactured by other entities and are subject to their individual warranties; Log-Alert will not enhance or extend those warranties. Log-Alert does not warrant that the software or any portion thereof is error free. Log-Alert will have no warranty obligation with respect to Products subjected to abuse, misuse, negligence or accident. If any software or firmware incorporated in any Product fails to conform to the warranty set forth in this Section, Log-Alert shall provide a bug fix or software patch correcting such non-conformance within a reasonable period after Log-Alert receives from Customer (i) notice of such non-conformance, and (ii) sufficient information regarding such non-conformance so as to permit Log-Alert to create such bug fix or software patch. If any hardware component of any Product fails to conform to the warranty in this Section, Log-Alert shall, at its option, refund the purchase price less any discounts, or repair or replace non-conforming Products with conforming Products or Products having substantially identical form, fit, and function and deliver the repaired or replacement Product to a carrier for land shipment to customer within a reasonable period after Log-Alert receives from Customer (i) notice of such non-conformance, and (ii) the non-conforming Product provided; however, if, in its opinion, Log-Alert cannot repair or replace on commercially reasonable terms it may choose to refund the purchase price. Repair parts and replacement products may be reconditioned or new. All replacement products and parts become the property of Log-Alert. Repaired or replacement products shall be subject to the warranty, if any remains, originally applicable to the product repaired or replaced.
Log-Alert reserves the right to repair or replace products at its own and complete discretion. Log-Alert reserves the right to refuse warranty repairs or replacements for any products that are damaged or not in original form.
(b) As a condition to Log-Alert's obligations under the immediately preceding paragraphs, Customer shall return Products to be examined and replaced to Log-Alert's facilities. Customer acknowledges that replacement products may be repaired, refurbished or tested and found to be complying. Customer shall bear the risk of loss for such return shipment and shall bear all shipping costs. Log-Alert shall deliver replacements for Products determined by Log-Alert to be properly returned, shall bear the risk of loss and such costs of shipment of repaired products or replacements, and shall credit Customer's reasonable costs of shipping such returned Products against future purchases.
(c) Log-Alert's sole obligation under the warranty described or set forth here shall be to repair or replace non-conforming products as set forth in the immediately preceding paragraph, or to refund the documented purchase price for non-conforming Products to Customer. Log-Alert's warranty obligations shall run solely to Customer, and Log-Alert shall have no obligation to customers of Customer or other users of the Products.
Limitation of Warranty and Remedies.
THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. YOU ACKNOLWEDGE AND AGREE THAT THE PRODUCTS AND SERVICES FURNISHED BY LOG-ALERT ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR FREE. ADDITIONALLY, YOU AGREE THAT WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY WIRELESS CARRIERS, DATA CENTERS, BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS WE DON'T CONTROL; OR BY ANY ACT OF GOD. FURTHERMORE, LOG-ALERT SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS. IF YOU NEVERTHELESS CHOOSE TO USE THE PRODUCTS, SOFTWARE, AND/OR SERVICES IN SUCH ACTIVITIES, YOU MUST NOT RELY ON THEM AS YOUR SOLE OR PRIMARY SOURCE OF MONITORING.
LOG-ALERT'S TOTAL AGGREGATE LIABIITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO CIRCUMSTANCES SHALL LOG-ALERT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING LOG-ALERT'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Indemnification: Log-Alert shall defend or settle any claim, suit, or action against Customer based on an allegation that any Product purchased by Customer from Log-Alert infringes any third party's U.S. patent or copyright; provided, that Customer has made no modification or alterations to the product and that Customer gives Log-Alert prompt written notice of any claim or suit, sole authority to defend or settle as it sees fit, and full cooperation. Log-Alert may, at its sole option and expense (i) procure for Customer the right to continue using the product (ii) modify the product so that it is non-infringing (iii) procure a replacement product that has substantially the same functionality, or if none of the above options is reasonably available (iv) refund to customer the purchase price originally paid less a use credit for the period of use.
Log-Alert has no liability for any claim, suit or action based in whole or in part upon or arising out of compliance with Customer's designs, specifications or instructions, modification of the Hardware or Software, or the combination of the Hardware or Software with products or items not furnished by Log-Alert. THIS SECTION STATES LOG-ALERT'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, SUIT, OR ACTION ALLEGING INFRINGEMENT OF ANY THIRD PARTY PATENT OR COPYRIGHT.
Thirty-Day Satisfaction Guarantee: Customers may return Log-Alert Products for a refund (less 15% restocking fee, sales tax, shipping/handling and any expedite fees) if Seller is contacted within thirty days of the Customer's receipt of the product. Customer may return Products for credit, exchange, or a refund. Returns after 30 days will be evaluated on a case-by-case basis. Seller reserves the right to refuse return rights for any products that are damaged or not in original form. Volume orders are subject to a restocking fee.
Governing Law.THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. The United Nations Convention on Contracts for the International Sale of goods shall not apply. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Log-Alert has separate terms and conditions governing resales and transactions outside the United States. Customer agrees to comply with all United States laws concerning export or re-export of products and related technology and documentation.
Export Restrictions. Customer agrees to comply with all applicable United States export control laws and regulations concerning export and re-export of Products, technology and documentation, including without limitation, the laws and regulations administered by the United States Department of Commerce and the United States Department of State.
Disputes. The parties agree that the courts of the State of Texas shall have exclusive jurisdiction over any claim, or dispute or controversy (whether in contract, tort or otherwise) against Log-Alert, its agents, employees, successors, assigns or affiliates arising out of or relating to this document, Log-Alert's Products advertising, or any related purchase. Customer agrees to appear in any such action and hereby consents to the jurisdiction of such court.
Force Majeure. Log-Alert shall not be liable for any damages or penalty for delay in delivery or for any other failure to perform in accordance with the terms and conditions hereof if such delay or failure to perform is due in whole or in part to factors beyond Log-Alert's reasonable control, including, but not limited to, delay in transportation or delay in delivery by Log-Alert's vendors.
Severability. Any waiver of or modification to the terms of this Agreement will not be effective unless executed in writing and signed by Log-Alert. If any provision of these terms and conditions are held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other provisions of this document (in the event of any inconsistency between these terms and conditions and any other related agreements between Customer and Log-Alert, the terms of this document shall prevail unless any other agreement(s) are signed by both parties and state its/their terms and conditions control).
Entire Agreement. The terms and conditions set forth herein constitute the entire agreement between Log-Alert and Customer. Log-Alert's offer to sell is expressly limited to the terms stated herein. Log-Alert shall not be bound by any terms of Customer's order which add to, modify, or are in any way different from the terms set forth in this document.