Terms and Conditions

These terms and conditions (“Agreement”) apply to your purchase of Digital Video Systems (“DVR”) and/or related products and/or services and support (collectively “Product”) sold by Integrated Video Supply (“Company”) provided to you (“Customer”). By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH COMPANY, IN WHICH CASE THE SEPARATE AGREEMEMENT SHALL GOVERN.

PRICE. Prices in effect at the time of shipment of goods or performance of services shall prevail. All prices quoted by Company are subject to change without notice. Prices do not include any present or future sales, use, excise, value-added or similar taxes and, where applicable, such taxes shall/may be billed as a separate item and paid by Customer. A Quotation, Estimate, Statement of Work or Proposal is valid for a period of thirty (30) days from the date of issue. Errors or omissions in price are subject to correction by Company.

PAYMENT TERMS. Customer’s payment obligations are stated on Company’s invoices and are at Company’s sole discretion. Invoices for Services will be rendered in accordance with an established milestone schedule or upon completion of any Services. Late charges of one and one-half percent (1 ½ %) per month on outstanding balances may be charged. All amounts due are payable in US dollars. If in Company’s judgment, Customer’s financial condition does not justify continuation of the existing payment terms, Company may:
Require full or partial payment of Customer’s account;
Require payment in advance of Product shipment;
Require payment in advance for performance of any Service;
Change Customer’s credit terms; or
Any combination of the above.

CHANGED OR DISCONTINUED PRODUCT. Company reserves the right to make changes in design at any time without incurring any obligation to provide such changes on units previously sold or to continue to supply obsolete items. Company reserves the right to make substitutions of materials without degrading the quality of product. Customer approval will be solicited when changes affect form, fit or function.
PACKAGING, SHIPMENT AND SERVICE DATES. All products shall be suitably packaged for shipment as determined by Company. Company may charge for special packing and/or packaging including but not limited to special documentation to comply with Customer requirements. Shipment Date or Performance Date of Service is estimated by Company but is not guaranteed by Company. Shipment within the continental United States are made F.O.B., point of shipment and in all cases, title shall pass upon delivery to carrier at the point of shipment and thereafter all risk of loss or damage shall be upon Customer. A standard shipping charge is applied to each invoice for goods for materials preparation, packaging, freight and/or additional items associated with each shipment based on the value and/or weight of shipment. Additional charges for local delivery may also apply. Company reserves the right to make partial shipments at its discretion. The delivery dates quoted are Company’s best estimate, which my be delayed due to engineering material acquisition, production delays, importing delays, or others which are out of Company’s control and Company disclaims any liability for direct, indirect, incidental, or consequential damages by said delays.

RETURN POLICIES; EXCHANGES. Company's return policy can be found at:
Return Policy.

WARRANTY. Company’s warranty policy can be found at:
Standard Warranty

ACCEPTANCE OR REJECTION OF MATERIAL/SERVICES. After the delivery of Product, or the performance of Services, Customer will inspect the Product/Service for conformity to the Purchase Order, Sales Order, Work Order or Quotation (as the case may be) within a period of fifteen (15) days. All claims for shortage, damage, shipment errors, or defective equipment must be made within three (3) days after receipt of shipment. Shipping is non-refundable. Customer is responsible for shipping charges on any return items. If return items are found to be non-defective, a restocking fee (20%) and diagnostic fee may be assessed, as well as any shipping charges for cross-shipped replacements. Software, custom built systems, special order items, media, IP Licences, and labor are non-refundable.

FORCE MAJEURE. Company shall not be liable for failure to deliver or for delay in delivery or performance due to (i) a cause beyond its reasonable control (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, war or (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.

LIMITATION OF LIABILITY. Company does not accept liability beyond the remedies set forth herein, including but not limited to any liability for;
Any claim for loss or damage arising out of this Agreement or from the performance or breach thereof or connected with any goods or services supplied here under;
The sale, resale, operation of goods whether based on contract, warranty, tort (including negligence) or other grounds shall not exceed the price allocable to such goods or services or part thereof involved, shall not exceed the price allocable to such goods or services or part thereof involved in the claim, REGARDLESS OF CAUSE OR FAULT’.
Company will not be liable for injuries or damages to persons or property resulting from any cause whatsoever, with exception of bodily injuries, death or tangible property damage caused by the willful misconduct or gross negligence of Company or its direct Employees.
Any claim for loss or damage resulting from loss of date, loss of use or loss of revenue or profit and Company further disclaims any and all liability for indirect, incidental, special consequential or other similar damages.
This limitation of liability reflects a deliberate and bargained-for allocation of risks between Company and Customer and constitutes the basis of the parties’ bargain, without which Company would not have agreed to the price or terms of this Agreement. Company shall not, under any circumstances, be liable for any labor charges without its prior written consent.

HEADINGS. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain in effect and will not be terminated. Neither party will be liable for any delays resulting from circumstances or causes beyond the party’s reasonable control.

GOVERNING LAW. The parties agree that this Agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including but not limited to statutory, common law and equitable claims) between Company and Customer arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement, Company’s advertising, or any related purchase, shall be governed by the laws of the State of Indiana, without any regard for conflicts of laws principles, and that jurisdiction and preferred venue shall be in Marion County, Indianapolis, Indiana, or at the election and sole discretion of the Creditor, any Court which otherwise has jurisdiction over the applicant. The applicant hereby waives any defense based upon jurisdiction as to any actions initiated in the jurisdictions or venues described above, and hereby waives trial by jury. Customer will be liable for all costs associated with collecting any account including but not limited to; reasonable court costs, collection fees, and attorney fees.

GENERAL. All orders are subject to acceptance by Company. Any representation, affirmation of fact and course of dealing, promise or condition therewith or usage of trade not incorporated herein, shall not be binding on either party.

Revised 10/04/2008