TERMS AND CONDITIONS OF USE
We have taken every effort to design our website to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Immedia Systems website means that you accept those changes.
THANKS AGAIN FOR VISITING!
Terms of Sale
The following terms are applicable to every transaction made with
Orders. Orders are not binding upon Immedia Systems until accepted by Immedia Systems.
Shortages. All claims for shortages must be made by the Buyer in writing within a period of 48 hours from receipt of product. Unless such notice is given within the stated period of time, Buyer agrees that it shall be conclusively presumed that Buyer has fully inspected the product and acknowledged that NO shortage exists.
Title/Risk of Loss. Title to the product shall pass to Buyer upon delivery of product to the common carrier (at Seller's dock) or any other location directed by Buyer. All risk of loss, damage, theft or destruction to the products shall be borne by the Buyer at F.O.B. shipping point. No such loss, damage, theft or destruction to the product, in whole or in part, shall impair the obligation of the Buyer under this agreement, all of which shall continue in full force and effect.
Security Interest. Buyer agrees that Seller shall retain a security interest in all product detailed herein and to all product now or hereafter acquired by Buyer, and to any proceeds thereof, until the purchase price and any other changes due to Seller have been paid in its entirety. Buyer agrees to execute any financing statement or other documents that Seller requests in order to protect Seller's security interest. Upon any default by Buyer of this agreement, Seller shall have all rights and remedies of a secured party under the uniform Commercial code, which right and remedies shall be cumulative and not exclusive.
Payment. Unless otherwise agreed in writing by Seller, all credit purchases must be paid in accordance with Seller's normal terms of sale which are Net 20 from date of invoice. All past due amounts are to a 1.5% monthly financing charge or the maximum permissible under applicable law. All drafts dishonored for any reason shall be assessed a $25.00 service charge. In the event that Buyer stops payment on any draft issue to Seller, for any reason, Buyer hereby recognizes that seller would suffer damage, the exact amount which cannot be determined with certainty and Buyer shall pay Seller liquidated damages of $500 for each such draft. In the event that Buyer utilizes a credit card to purchase product, Buyer agrees to not unnecessarily dispute such charges and further agrees to use best efforts to resolve any good faith dispute.
Returns. The terms for product return are limited to those set forth in Seller return policies and procedures set forth on the Immedia Systems website.
Warranties. Buyer understands that Immedia Systems is not the manufacturer of the products purchased by Buyer and the only warranties offered are those of the manufacturer, not Immedia Systems. In purchasing the product, Buyer is relying on the manufacturers specifications only and is not relying on any statements, specifications, or photographs representing the products that may be provided by Immedia Systems. Immedia Systems and its affiliates hereby expressly disclaim all warranties express or implied, related to products sold by third parties or affiliates of Immedia Systems, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not effect the terms of the manufacturer's warranty, if any.
Events of Default. Buyer shall be in default under this agreement upon the happening of any following events or conditions: (a) Default by Buyer on payment of any installment, invoice, bill or any other indebtedness or obligation now or hereafter owned by Buyer to Seller under this agreement; (b) Default in the performance of any obligation, covenant or liability contained in this agreement or any other agreement or document with Seller; (c) Any inaccuracy warranty, representation or statement made or furnished by Buyer, and (d) Dissolution, termination of existence, discontinuance of Buyer's business, insolvency, business failure, or appointment of a receiver of any part of the property of, or assignment for the benefit of creditors by Buyer or the commencement of any proceedings under any bankruptcy reorganization or arrangement laws by or against Buyer or the attachment, levy, seizure or garnishment of any of Buyer's property, rights, assets (contingent or otherwise) or the product.
Remedies of Seller.
Limitation of Liability. In the event that a products' malfunction leads to damage or injuries to the product, to the Buyer's business, the end-user's business, to other equipment, or residence, or to employees or to other persons, Seller shall not be liable for such damages or injuries. Buyer understands and agrees that if Seller shall be found liable for loss or damage due from failure of Seller to perform any of Seller's obligations hereunder or the failure of the product in any respect whatsoever, Seller liability shall be limited to $250.00 and this liability shall be exclusive, and that the provisions or this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to person or property, from performance or non-performance of Seller obligation, breach of express or implied warranty, or from negligence, active or otherwise, Seller, its agents, servants assignees or employees. In no event shall Seller be responsible for any other damages, including special or consequential damages.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Immedia Systems-operated site or have moved to another site. Immedia Systems is not responsible for the content or practices of third party sites that may be linked to our site. When Immedia Systems provides links or references to other websites, no inference or assumption should be made and no representation should be inferred that Immedia Systems is connected with, operates or controls these websites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Immedia Systems site or endorsement, sponsorship or support of Immedia Systems, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Immedia Systems website, along with all related documentation and all copies and installations. Immedia Systems may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our website, we do not in any way promise that the materials will remain available to you. And Immedia Systems is entitled to terminate all or any part of any of its website without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate Immedia Systems and/or its affiliates' intellectual property rights, Immedia Systems and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Cupertino, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Cupertino, California under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.