PORTABLE ADAS LLC- “TERMS AND CONDITIONS OF PURCHASE”
1. Order: (“Order”) means the purchase request together with these Terms and Conditions. The (“Seller”) is Portable ADAS LLC. These Terms and Conditions govern this Order. Payment for (“Goods”) constitutes the Buyer’s acceptance of these Terms and Conditions, regardless of whether the Buyer has signed or acknowledged the Order further in writing.
2. Price and Payment: The price stated constitutes the entire compensation for the Goods, and includes all charges for the item, its packing, and standard transportation to the point of delivery. Any Sales and Use taxes due, not subject to exemption, shall be the responsibility of the Buyer. Payment for the Goods is due in advance prior to shipment of the Goods.
3. Changes: Buyer is solely responsible for providing the correct name and address for proper delivery and whether this is a business or a residential address. Any additional shipping expenses associated with changes due to a correction by the Buyer will be the responsibility of the Buyer.
4. Delivery: Seller will not be deemed in breach of this Order to the extent that a delay is either (a) authorized in writing by Buyer, (b) caused by Buyer or its act or omission, or (c) due to circumstances beyond Seller’s reasonable control and without Seller’s fault or negligence. Transit time to the Buyer is beyond the control of the Seller and is dependent on the location of the destination and the carrier’s shipping schedule. Tracking numbers will be provided to the Buyer via email when the shipment has occurred. Deliveries of Goods will require a signature for the delivery to occur. Items will be delivered via more than one (1) delivery and on different days/dates.
5. Inspection: Buyer must inspect the Goods immediately upon delivery and note any issues on the receiving paperwork. External damage to packaging shall be documented via pictures, communicated to the Delivery Agent and the Seller prior to opening or further action. No further action with the damaged packaging shall occur prior to response from the Seller and potential further inspection by the shipping carrier. Any issues with Goods discovered upon opening and examination must be communicated to the Seller immediately via email and associated pictures. Failure to follow these instructions or failure to notify Seller of damages / delivery issues within 48 hrs. of receipts shall constitute acceptance of the Goods as received.
6. Warranties: Seller warrants that all Goods shall be new, merchantable and be usable at the time of shipment. Be aware that the Goods can be damaged by overtightening, impacting their disassembly.
7. Intellectual Property Rights: Buyer acknowledges that certain rights and interest in intellectual property (including but not limited to patent, copyright, trademark & trade secrets) associated with the Goods are not owned by the Buyer and remain with the Seller.
8. Proprietary Information-Confidentiality-Advertising: All information furnished by the Seller and all information learned or observed by the Buyer is confidential, and Buyer shall not disclose any such information to any other person or use such information for any purpose without Buyer’s express written consent.
9. Termination of Purchase for Convenience of Buyer: Buyer may terminate this Order for its sole convenience prior to shipment. In the event of such termination, Seller shall immediately cancel shipment. Seller shall be paid/retain a termination / restocking charge reflecting (20%- twenty percent) of the Goods purchase price with the balance of the payment to be returned to the Buyer. If the termination occurs following shipment / prior to the delivery of the Goods, delivery may be rejected, and Goods returned to the Seller at the Buyers expense. Goods must be returned and received at the Seller’s site in the same condition as was present at the time of shipment for a (60% – sixty percent) reimbursement to Buyer to occur.
10. Entire Agreement: This Order and the Terms and Conditions constitutes the entire agreement between the parties.
11. Expenses of Litigation: Applicable Law: Any and all disputes resulting from this purchase shall be handled in and according to Florida law. In the event the Seller is involved in any litigation with respect to this Order where the Seller prevails, the Seller shall recover from the Buyer its costs and attorneys’ fees incurred in enforcing or defending its rights hereunder.
12. Miscellaneous: Notices associated with this Order may be provided electronically with evidence of receipt. If any part of this Order is found to be unenforceable, the affected part shall be severed and the rest of this Order shall remain in force.
13. Language: All documents and communications relating thereto are expressed in the English language.
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Portable ADAS sells the ADAS Calibration Targets with the corresponding Calibration Stand.
Questions about calibrations specifics should be addressed to the utilized ADAS Calibration software vendor.
