Terms and Conditions
“We,” “us,” and “our” refer to CCTVDynamics.com.
“You” means the buyer who purchases one or more Products or System from us.
“System” means any systems or packages you purchase from us that is comprised of more than one Product.
“Product” means any hardware you purchase from us, including all hardware comprising a System.
These Terms and Conditions of Sale is our entire agreement with you regarding (a) your purchase of Products and Systems from us and (b) warranties and returns of hardware and software you purchase from us.
It supersedes terms and conditions (if any) in any other agreement between you and us, including those in any purchase orders, acknowledgment forms, and in any other documents, forms, or agreements issued or executed by you or us with respect to the hardware or software you purchase from us. In the event of any conflict between the terms of any such document, form, or agreement, and the terms of these Terms and Conditions of Sale, the latter shall control.
PAYMENT
Delinquent accounts will be subject to a finance charge equal to the lower of (a) 30% APR (0.083% per day) and (b) the highest rate permitted by law. IN EACH CASE, YOU AGREE TO PAY ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY US TO COLLECT ANY AMOUNTS OWED BY YOU TO US IF NOT PAID WHEN DUE.
A $25.00 fee will be applied to all returned checks.
RETAINED SECURITY INTEREST/COSTS.
As security for payment of the purchase price and all other amounts owed to us on an order you place with us, we shall have a security interest in the Product(s) and/or System(s) sold to you pursuant to that order until all amounts owed to us are paid in full. In addition, you authorize us to file all Uniform Commercial Code financing statements naming you as the debtor necessary to perfect our security interest in the goods sold to you.
DELIVERY
Unless otherwise noted, delivery will be made F.O.B. our facility, with shipping to be paid by you. Risk of loss passes to you upon delivery by us to common carrier. Items ordered together are not necessarily shipped together due to availability. We will determine prior to shipment if backorders or substitutes are acceptable. All shipping and related transit costs for delivery are non-refundable.
30-DAY RETURN POLICY
If for any reason you are not satisfied with a System, you may return the entire System to us within 30 days of the date of the original invoice for the System (unless the System is an Excluded Item, as defined below).
If you return the System to us in accordance with the Terms Which Apply to All Returns, below, within that 30-day period, we will refund to you the purchase price of the System (not including any shipping and handling charges), after deducting a restocking fee of 15% of the purchase price. In addition, if cable is not returned in original, uncut condition, we will deduct a cable allowance equal to our retail price for a new cable. (Partial returns are not accepted under our 30-day Return Policy; but you are not required to return any cables that have been cut or are not otherwise in resalable condition.) If you return a System to us beyond the 30-day period, we will not return the System to you unless you request it and pay all expenses of shipment. If you do not request and pay for us to return the System to you, it will become our property.
MANUFACTURER’S WARRANTIES
We do not manufacture any of the Products or Systems. Therefore, we do not provide warranties on any of the Products or Systems. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. We will assist you in the repair or return of products covered under a manufacturer’s warranty if you so request. We assume no responsibility for these warranties.
SOFTWARE RETURN POLICY
Retail software may be returned to us within 30 days of the date of the original invoice only if the packaging is unopened and intact. If you return the software to us in accordance with the Terms Which Apply to All Returns, below, within that 30-day period, we will refund to you the purchase price of the software (not including any shipping and handling charges), after deducting a restocking fee of 15% of the purchase price. Opened retail software cannot be returned for a refund. If you have opened retail software purchased from us and discover a damaged or defective disc, you may return it to us in accordance with the Terms Which
Apply to All Returns, and we will replace it with identical software. With respect to all software, WE DISCLAIM ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We shall have no liability to you for damages of any kind, whether or not foreseeable, including without limitation, incidental or consequential damages arising out of the sale of software to you or your use thereof (including without limitation loss of data or indirect, special or consequential damages); our liability in respect of the software shall be limited exclusively to replacement of defective media.
Excluded Items
As used in our 30-day Return Policy, the term “Excluded Item” means any System or Product that
(1) has been improperly handled, stored, installed, used, maintained, or serviced;
(2) has been used under improper conditions or abused;
(3) has been altered;
(4) has a broken factory seal;
(5) cannot be properly operated due to software viruses or any other problems associated with software;
(6) is returned in a manner that does not comply with the Terms Which Apply to All Returns, below, unless we consent in writing (including by an e-mail to you) before the items are returned; or
(7) when returned to us,
(a) has physical damage that occurred after the Product or System was delivered to you (including damage in transit back to us), such as: foreign material (adhesive, oil, dirt, gum, etc.); damaged covers, housings, or cases; dents of any kind; visible scratches; missing parts (screws, interface cards, components, etc.); evidence of tampering (eg. broken seals); damaged electronics (missing buttons, IC chips, etc.); bent casing; stripped connectors (missing BNC, RCA or power connectors); or
(b) bears non-manufacturer markings or labels on the product or original product box, such as RMA numbers that are not ours, tape, stickers, labels, labels that cover the serial number, part number, or any other product identification information; or ripped, torn, cut or missing packaging. If you return an Excluded Item to us, we will not return it to you unless you request it and pay all expenses of shipment. If you do not request and pay for us to return the Excluded Item to you, it will become our
property.
TERMS WHICH APPLY TO ALL RETURNS
If you return a Product or System (a “Returned Item”) for any reason, you must comply with these requirements:
(1) Contact us to obtain an Return Merchandise Authorization (RMA) Number. You may submit a request for an RMA number by e-mailing us or by telephoning us at 877.580.2288. RMA numbers are not automatically generated from our website. RMA numbers are issued via e-mail within 24-48 hours after an RMA request has been made. Returned Items returned to us without a valid RMA number may be rejected by us. NOTE: RMA numbers expire 15 days after issuance, subject to extension at our sole discretion.
(2) By requesting an RMA number, you authorize us to charge your credit card for the cost of shipping the Returned Item back to us [including insurance covering the Returned Item]. There are no exceptions. We will not accept CODs.
(3) Pack the Returned Item in the original box, using the original packaging materials or an equivalent, and include all disks, manuals, registration cards, etc. that came with the Returned Item. If a Returned Item is returned with any such items missing, or without any software and/or hardware that were originally included with the Returned Item, we may deduct the retail price or the value of the missing items (as determined by us in our discretion) from any refund you receive.
(4) Please be sure to back up the hard drive. We recommend the removal or back-up of any hardware and/or software that you did not purchase from us before returning a Returned Item for repair. Please identify to us any such hardware or software installed on a Returned Item. When you return a Returned Item, you agree that we are not responsible for any data loss, or any damage to, loss of, or problems or damages caused by, such hardware or software.
(5) A copy of the original invoice must be included with all Returned Items. Completed RMA forms must be included with all Returned Items. If the Returned Item is being returned because of a defect, the RMA form must include a detailed description of problem.
(6) The RMA number issued by us must be visible on the outside of the package. Any returns without a valid RMA number are subject to refusal by us.
(7) When you send Returned Items to us, you agree that we are not responsible for any loss or damage to the Returned Items sustained in transit to us.
DEFAULT; REMEDIES
In the event we breach these Terms and Conditions of Sale or otherwise fail to tender conforming Products and/or Systems or perform our obligations as the seller of such Products and/or Systems (a “Default”), your exclusive remedy shall be to return the Products and/or Systems to us, at your expense and in accordance with all provisions in these Terms and Conditions of Sale that apply to returns.
WE SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, OUR NEGLIGENCE, AND EVEN IF WE WERE ADVISED OF THEIR POSSIBILITY. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THE SALE OF GOODS TO YOU EXCEED THE PURCHASE PRICE PAID TO US BY YOU FOR THOSE GOODS.
ANY ACTION AGAINST US WITH RESPECT TO PURCHASED GOODS OR ANY DEFAULT MUST BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES.
GOVERNING LAW
This agreement and any sales hereunder shall be deemed to have been made in the State of Florida and shall be construed and interpreted according to the laws of the State of Florida and the applicable laws of the United States of America. The parties hereby agree to the non-exclusive jurisdiction of the courts of the State of Florida. The laws of the State of Florida govern this agreement, excluding its conflicts of laws and excluding the United Nations Convention on the international sale of goods.
COSTS
Prices are subject to change without notice. Clerical errors are not binding and may be corrected by us at any time after discovery.
MODIFICATION/ENTIRE AGREEMENT.
No modification, amendment, extension or alleged waiver of these Terms and Conditions or any provision hereof will be binding on you or us unless in writing and signed by the party sought to be bound. The provisions of these Standard Terms shall be binding upon and shall inure to the benefit of you and us and the successors and assigns of both you and us. ANY AND ALL REPRESENTATIONS, PROMISES OR STATEMENTS MADE OR GIVEN TO YOU THAT DIFFER IN ANY WAY FROM THESE STANDARD TERMS SHALL NOT BE BINDING OR HAVE ANY FORCE OR EFFECT.
