Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from OBR Control Systems Inc, ("OBR") that will be provided to you ("Customer") on orders for computer systems and/or related products sold in Michigan, USA and mainland Europe. By accepting delivery of the computer systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.
These terms and conditions apply unless the customer has signed a separate formal purchase agreement with OBR, in which case the separate agreement shall govern; or (ii) unless other OBR standard terms apply to the transaction.
These terms and conditions are subject to change without prior written notice at any time, in OBR's sole discretion.
These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and OBR.
This agreement and any sales hereunder shall be governed by the laws of Michigan, USA, without regard to conflicts of law rules.
Payment Terms; Orders; Quotes; Interest
Terms of payment are within OBR's sole discretion, and unless otherwise agreed to by OBR, payment must be received by OBR prior to OBR's acceptance of an order. Payment for the products will be made by credit card or some other prearranged payment method unless credit terms have been agreed to by OBR.
Invoices are due and payable within the time period noted on the issued invoice, measured from the date of the invoice. OBR may invoice parts of an order separately. Orders are not binding upon OBR until accepted by OBR. Any quotations given by OBR will be valid for the period stated on the quotation.
Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Prices do not include any federal, state, municipal or other foreign government duties or taxes (such as sales, use, etc.).
All shipping charges to be forwarded.
Title; Risk of Loss
Title to products passes from OBR to Customer on shipment from OBR's facility. Loss or damage that occurs during shipping by a carrier selected by OBR is OBR's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
Generally, OBR provides a limited warranty from the date of the invoice for all its hardware products. OBR makes no express warranties except those stated in this section and in OBR’s applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and OBR will be obligated to honour any such warranties only upon OBR’s receipt of payment in full for the item to be warranted.
OBR disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. OBR’s responsibility for warranty claims is limited to repair and replacement as set forth in OBR’s applicable warranty statement in effect on the date of the invoice.
OBR reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. OBR does not warrant any software under this Agreement.
In the event any term, provision or covenant of this Agreement shall be judged by any court of competent jurisdiction to be unenforceable, then the validity of the remaining terms, provisions and covenants shall be unaffected and this Agreement shall be construed as if the unenforceable provision had never been a part of it. If any term, provision or covenant of this Agreement shall be judged unenforceable by a court of competent jurisdiction by reason of its duration, scope or a combination thereof, such covenant shall be adjusted to the extent necessary to cure such lack of enforceability, and this Agreement shall be construed as if such provision had originally been agreed to in its adjusted form.
Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
From time to time, OBR may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with OBR's exchange policies in effect on the date of the exchange.
OBR's policy is one of on-going product update and revision. OBR may revise and discontinue products at any time. OBR will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible. The parts and assemblies used in building OBR products are selected from new and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
Third Party Products
Third party products carry different return and warranty policies than OBR products. Third party products may be returned to OBR in accordance with their respective return policies in effect on the date of invoice. The original manufacturer, not by OBR, provides any warranty and technical support provided on a third party product. The warranties and technical support may vary from product to product.
Limitation of Liability
OBR does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use or for lost or corrupted data or software. OBR will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressively provided herein.
Service and Support
OBR endeavours to provide good customer and technical telephone support. For Customers, OBR promises that its support people will attempt to handle, over the telephone, any problem involving OBR products. However, OBR's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. OBR has no obligation to provide service or support until OBR has received full payment for the product or service/support contract for which service or support is requested. OBR will make on-site service available to Customer in the United Kingdom only if the Customer has purchased a service contract with OBR.
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.