REMOTE MONITORING CATEGORIES
REMOTE MONITORING CATEGORIES
Shipping Terms shall be FOB Origin, Freight Collect on orders totaling less than $10,000 (ten-thousand dollars). On orders greater than $10,000 (ten-thousand dollars), shipping terms shall be FOB Origin, Freight Prepaid. Shipping carrier shall be of the Manufacturers choice. It should be noted that Manufacturer primarily uses United Parcel Service as its carrier. Buyer may submit UPS Account number at checkout should they wish freight be charged against their own account.
Dealers and Distributors acknowledge and agrees that any Product returned to Manufacturer for credit after 30 (thirty) calendars days from Distributor’s receipt will incur a 30% (thirty percent) restocking fee.
Warranties and Liability
Net Irrigate represents, warrants, and covenants to Customer that the Products manufactured shall be free from defects in materials and workmanship for the period of 1 (one) year from the date of installation. CUSTOMER ACKNOWLEDGES AND AGREES THAT NET IRRIGATE, ITS DEALERS, and ITS DISTRIBUTORS SHALL HAVE NO LIABILITY ARISING FROM THE OPERATION OR USE OF THE PRODUCTS FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING LOSS OF EQUIPMENT, DATA, REVENUE, PROFITS, CROPS OR OTHER ECONOMIC ADVANTAGE), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH DAMAGES ARE DIRECTLY OR INDIRECTLY CAUSED BY NEGLIGENCE OR A TORT COMMITTED BY NET IRRIGATE, ITS AGENTS, OR ITS ASSIGNS. THE MAXIMUM LIABILITY OF NET IRRIGATE TO ANY PERSON, FIRM OR CORPORATION WHATSOEVER ARISING OUT OF OR IN THE CONNECTION WITH ANY LICENSE, USE OR OTHER EMPLOYMENT OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, OR OTHERWISE, SHALL IN NO CASE EXCEED THE EQUIVALENT OF THE PRICE PAID BY THE CUSTOMER FOR THE PRODUCTS. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF THE PARTIES ARISING FROM THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION 4 ARE INTEGRAL TO THE AMOUNT OF CONSIDERATION LEVIED IN CONNECTION WITH THE LICENSE OF THE SERVICE AND THAT, WERE NET IRRIGATE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, SUCH CONSIDERATION WOULD OF NECESSITY BE SET SUBSTANTIALLY HIGHER. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Wireless Carriers. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IT HAS NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT CUSTOMER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN MANUFACTURER AND THE UNDERLYING CARRIER. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREOF. MANUFACTURER ALSO SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO THE INSTABILITY OR OUTAGE OF THE UNDERLYING CARRIER’S WIRELESS SERVICE OR THAT OF ITS AFFILIATES OR CONTRACTORS.
Disruption of Services. CUSTOMER ACKNOWLEDGES AND AGREES THAT NET IRRIGATE SHALL HAVE THE RIGHT TO DISRUPT OR OTHERWISE SUSPEND SERVICES INTEGRAL TO THE HARDWARE AND SOFTWARE FUNCTIONS IF PAYMENT IS NOT RECEIVED BY ITS DISTRIBUTORS OR DEALERS OR END USERS. NET IRRIGATE SHALL HAVE NO LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO SUCH DISRUPTION OR SUSPENSION.
Customer Duties. TO MAINTAIN WARRANTIES, CUSTOMER SHALL BE REQUIRED TO TEST PRODUCT ANNUALLY—MEASURED FROM THE DATE OF INSTALLATION—TO ENSURE THE EFFECTIVENESS OF THE ALARM AND SECURITY RESPONSES.