Any sale of products or services by Outdoor Tracker Systems, Inc. (also referred to hereinafter as OTS) shall be subject to the following conditions.
a) Pricing for products and services sold through the outdoortrackersystems.com web site are not negotiable
b) Price quotations for distributors, resellers, or retail outlets are effective for 30 days from the proposal date unless extended in writing by OTS.
c) Prices/charges are subject to payment by the customer of any applicable State, Local or Federal Sales, Use, Excise or similar taxes now in force or hereafter enacted. In lieu of the payment of such taxes, customer shall provide OTS with a tax-exemption certificate acceptable to the taxing authorities.
2. COUPONS AND DISCOUNTS
a) OTS and huntLINX discount coupons are offered through various trade shows and from organizations or events that we sponsor. Coupon offerings may not include all items in our web store. Customers should always observe and read the terms of the coupon before shopping in our web store, or contact us at firstname.lastname@example.org if you have questions about applicable coupon products/services.
b) Your coupon code is entered at checkout, after you've completed shopping, and the coupon amount will be applied to your final purchase of the applicable products/services. A credit/debit card is required to complete the balance due on your transaction.
c) Sales tax will be applied to all orders from South Dakota, Ohio, and Minnesota.
Unless otherwise quoted by OTS, all payments for products and services are due:
a) at checkout for orders taken at outdoortrackersystems.com
b) net 30 days for associations, distributors, resellers, or retail outlets
c) OTS reserves the right to quote customer specific terms or different terms for special orders.
(a) Every reasonable effort will be made by OTS to fulfill orders within the time estimated, but no liability shall attach or accrue for delayed performance of delivery. OTS shall have no liability for failure of performance due to any cause beyond their control including, but not limited to, fire, labor strikes, accidents, Government regulation or restriction, power, riot or civil commotion, default of a contracted supplier, or prohibitions or events which render performance difficult or impossible.
(b) For non-internet sales, OTS will invoice customer for each shipment of goods on the day when shipped, or when ready to be shipped if delivery of services or goods are delayed by instruction of the customer. Payment shall be made for invoices in accordance with the terms of payment stated in the OTS invoice.
(a) All consumer internet product sales are subject to the guidelines of the Outdoor Tracker Systems Inc. E-Commerce Policies and Procedures
(b) For custom/special orders, customer shall at all times fully cooperate with OTS, and furnish all specifications, drawings or information required to successfully complete required production and services.
(c) The Customer shall not countermand, or cancel the order, or cause the work or shipment to be delayed or stopped, except with the consent of and upon the terms agreed to by OTS and, in any event with reimbursement to OTS for all material costs incurred.
(d) Neither OTS’ proposal for the order, nor any provision or term thereof, shall be modified, amended, rescinded or changed in any way except by written authorization and agreement between OTS and the Customer however, any clerical errors are subject to correction.
(e) Customer may terminate an order for OTS non-performance under the terms of a purchase order or sales agreement with written notice to OTS documenting specific products/services not rendered to the satisfaction of the customer. Customer is financially responsible for services rendered through the cancellation date, but not financially obligated for products/services through the purchase order or sales agreement end date. OTS will issue no credits or refunds for services performed through the cancellation date, unless specifically agreed to in writing by OTS.
6. TITLE AND DELIVERY
Delivery of goods by OTS at the F.O.B. shipment point shall constitute complete delivery to customer as well as transfer of title, ownership, possession and property in and to the goods to customer. Thereafter, the carrier of the Customer’s choice shall be deemed to be acting for customer and the goods shall thereafter be at Customer’s risk (including all risk of loss).
7. INSTALLATION AND SERVICE
Unless otherwise specifically covered in OTS’ proposal, no service shall be performed, and no expense shall be borne by OTS once delivery has been made. All services will be charged for in accordance with OTS’ then prevailing schedule of charges. OTS may assign a qualified subcontractor or installer to act on its behalf to meet installation terms and conditions.
8. WARRANTY-WARRANTY LIMITATIONS
a) Subject to the other provisions of OTS’ proposal and these conditions, OTS warrants all products and services provided will be completed to the satisfaction of the customer. All goods sold hereunder not manufactured by OTS are warranted by OTS only to the extent provided by and enforceable against the manufacturer of such goods, and only for the period where OTS supervises or administers the use of the goods. OTS’ obligation shall be limited to the replacement of such goods, which examination shall disclose to the satisfaction of OTS to have been defective under ordinary and normal use, provided written notice of such defects shall be given by customer within thirty (30) days after they first appear. In no event shall OTS have any liability whatsoever for payment of any consequential, incidental, indirect or special damages of any kind, including but not limited to, any loss from profits. No allowance will be made for any expenses incurred by customer in repairing defective goods, except on the written consent of OTS. In any case where OTS is effecting the replacement or repair of any defective materials, customer shall have the responsibility and bear all the costs of transportation and handling in connection therewith.
b) Notwithstanding any provision of these terms and conditions, the warranty contained in this paragraph is the only warranty extended by OTS in connection with any sale and is in lieu of all other warranties, express or implied.
9. SAFETY PRECAUTIONS:
Irrespective of whether Purchaser is acquiring OTS products for its own use and operations, or whether Purchaser will be integrating the products into existing product or service offerings, Purchaser shall require its employees, contractors, and customers to use all proper, safe operating procedures in accordance with local and state occupational safety standards. It is the Purchaser's responsibility to provide all the means that may be necessary to effectively protect Purchaser’s employees and others from bodily injury, which otherwise may result from the method of particular use, operation, set-up, or application of the products. Purchaser hereby agrees that it will provide adequate training and supervision to its employees and others who will by reason of application, maintenance or otherwise have access to and be exposed to the products. If Purchaser fails to comply with any provisions of this paragraph or any applicable standards or regulations aforementioned, Purchaser shall defend, indemnify and hold Seller, manufacturer and their respective sellers and suppliers harmless from and against any and all claims, losses, or damages. Purchaser agrees that Purchaser (and not Seller, manufacturer or their respective sellers or suppliers) shall be responsible for compliance with any local laws, ordinances, codes or the interpretation thereof which may be in effect at the Purchaser's facility or the product application location.
Customer hereby waives, releases, and discharges any and all claims of any and every kind (including but not limited to injury or death of any person or damage to property), which it may have at any time against OTS, and covenants to indemnify and hold harmless OTS, its employees or suppliers, by reason of or arising out of any claimed improper design, specifications or manufacture of the goods sold hereunder, or of any claimed inadequate or insufficient safeguards.
11. LOCAL LEGAL REQUIREMENTS
OTS shall not be responsible for compliance with any local Laws, Ordinances, Codes or the interpretation thereof which may be in effect at customer’s facility, unless OTS has specifically agreed in its proposal to accept that responsibility.
OTS will defend, protect and save customer harmless from and against any loss or expense incident to any claimed infringement of any patent of the United States arising out of the purchase, sale or use of goods designed and manufactured by OTS, provided customer shall give OTS prompt notice of any such claim of infringement and complete authority in defending against it. Customer will defend, protect and save OTS harmless from, and against, any loss or expense incident to any claimed infringement of any patent of the United States arising out of the manufacture, service or sale of goods or any parts thereof which are manufactured or serviced by OTS but which are not designed by OTS.
13. APPLICABLE LAW
The customer order shall be governed, in all respects, by the Laws of the State of South Dakota.
OTS’ proposal, and these Conditions, shall insure to the benefit of and be binding upon the successors and assigns of the parties hereto.
All orders are valid and binding only upon acknowledgement by a duly authorized
Officer of OTS and by an authorized agent of the customer.
16. PURCHASER’S AGREEMENT
a) Seller, its manufacturers, affiliates and contractors rely upon Purchaser’s representatives and business judgment concerning the products and services which Purchaser acquires or utilizes to enforce safety procedures which will make the use, operation, and maintenance of the goods and services compliant with all applicable laws, regulations and industry standards.
b) Purchaser agrees to release and indemnify, defend, and hold harmless Seller, its manufacturers, affiliates and contractors and their respective officers, directors and employees, from and against any and all claims by the Purchaser, Purchaser’s employees, or to third parties, which may be asserted against any of them by Purchaser or by any such employee or third party with regard to the purchase, resale, maintenance, service or use of the products or services.
c) Purchaser also agrees to provide Seller a certificate of insurance evidencing that Purchaser is maintaining in full force and effect product liability insurance, with coverage terms and amounts satisfactory to Seller and that such insurance will insure Seller, its parent and affiliated companies as “named insureds” or “additional insureds,” from and against any such claims. Purchaser agrees to maintain such insurance in full force and effect during the entire time that Purchaser owns and uses the goods and services. Each such insurance policy shall provide that it may not be terminated, cancelled or non-renewed except upon thirty (30) days’ prior written notice to Seller and that, in the event of any such termination, cancellation or non-renewal, Purchaser agrees to promptly, and in any event prior to such termination, cancellation or non-renewal, obtain sufficient replacement insurance. To the extent that Seller considers itself, its parent or affiliates to be insecure by reason of the absence or insufficiency of any such insurance policy, Purchaser hereby authorizes Seller to procure substitute insurance at your expense.
These terms and Conditions can be varied in writing only by a duly appointed representative of OTS. If the terms and conditions stated in a customer’s order are inconsistent with these Terms and Conditions, customer acceptance of the OTS order acknowledgement shall constitute OTS’ counter-offer. The customer shall be deemed to have accepted these Terms and Conditions unless he/she notifies OTS to the contrary, in writing, within five days after receiving OTS’ acceptance.