CashTech Currency Products Terms of Sale
These terms of sale constitute a binding agreement between the Customer and CashTech Currency Products (CTCP). Customer accepts these terms by making a purchase, placing an order or otherwise shopping on CTCP’s website. These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale (including price) posted on the CTCP website at the time of the Customer's original order will govern the order in question.
Payment Terms - Customer agrees to pay for products purchased as outlined in these Terms of Sale or invoice. Customers will be required to provide credit card information via PayPal. CTCP will accept Visa and MasterCard credit cards. Customers may pay via Amex or apply for payment by terms by forwarding to our accounting department, three recent credit references as well as Customer company information as requested.
Delivery - All delivery costs, including but not limited to transportation, insurance, packaging, handling and related expenses will be paid by the Customer, unless otherwise noted, by product on website, as part of the agreed purchase price of the product. CTCP shall not be liable for failure or delay in shipping. CTCP will, to the best of their ability, provide the Customer with products as timely as possible. CTCP will ship equipment via courier of our choice (most times Purolator), in order to minimize risk of transportation damage. CTCP will not be liable should the Customer specify an alternative carrier and equipment is damaged. However, Customer will be responsible for payment, the full purchase price as agreed. CTCP will arrange shipping from shipping point to Customer's dock or normal ground level receiving entrance, within Canada only. Shipments outside of Canada, to the US, are treated on a case by case basis, additional freight charges and fees will apply. Movement of equipment within Customer's facility will be the responsibility of the Customer.
Disclaimer of Liability - CTCP shall have no liability to Customer or any other person for any claim, loss, damage or expense of any kind caused in whole or in part, directly or indirectly by (a) the inadequacy of the equipment for any purpose, (b) any deficiency or defect in the equipment, whether or not covered by any warranty, (c) the use or performance of the equipment, (d) any interruption or loss of services, use, or performance of the equipment, (e) any delay in delivery, (f) and loss of business, lost profits or other incidental or consequential damages whatsoever resulting from the foregoing, or otherwise.
Manufacturers' Warranties - Each unit of equipment will be provided with the standard warranty provided by the manufacturer of the equipment, copies of which are outlined in Appendix A below.
• An order from CTCP can be returned for a full refund (excluding any shipping charges) within 15 days from the date the customer received delivery of the order (restocking fees may apply). Returns after 15 days will not be accepted.
• The product returned must be the same product that was originally shipped from CTCP in the original packaging (serial numbers must match).
• Refunds will be in the form of a credit memo, cheque, or refund on their credit card. A refund will only be given once the order is received by CTCP.
• Original shipping charges to the customer will not be refunded, and the customer is responsible for all shipping charges, packaging, insurance and related expenses to return products to CTCP.
• Special order products may not be returned under any circumstances. All orders that require configuration or assembly of product to meet customer specifications are non-cancelable. These orders are custom built to meet a specific customer's need and may not be canceled. The customer is responsible for the full payment of the order once a purchase order has been sent to CTCP.
• Basic Returns Information - For all returns to CashTech Currency Products, you must obtain a Return Merchandice Authorization number from our Customer Service department by calling 800-268-5457 or 905-696-8102 prior to shipping the product to our returns department.
• The following information is needed to issue a Return Merchandise Authorization:
i. Company Name
ii. Invoice/Order Number
iii. CTCP Item Number
iv. Reason for Return
v. Serial Number
You may also request the type of return you would like: Replacement returns of products damaged on arrival (DOA) - If you have a COD account, CTCP ships the replacement product as soon as the damaged product is received. Credit returns of undamaged products - Credit returns may be available depending on a variety of conditions. You ship the product; when it is received, CTCP credits your account. Custom-configured products cannot be returned for credit.
Non-Authorized Returns - Products not authorized for return may be returned to you at your expense or CTCP may, in its sole discretion, issue a credit for the last purchase price, or the current price or the cost of goods less a 20 percent handling and restocking fee. CTCP will not be liable for any loss or damage to non-authorized returns. Products returned for any reason other than Dead on Arrival (DOA) or as defective must be in resalable condition, complete and unused, and the outer seal must not have been opened or re-taped. Product boxes that have been opened or re-taped are not eligible for return and will be refused. Additional requirements include:
i. Accounts must be current to receive an RMA# for a stock balance return.
ii. End-of-Life product cannot be returned.
Refused orders - may be subject to a cancellation fee. Call Customer Service at 1-800-268-5457 or 905-696-8102 before refusing any shipment. Failure to call Customer Service may result in credit refusal, and products will be returned to you at your expense.
Return Processing - For CTCP to process your return in a timely manner, please review the information and follow the procedures outlined below:
• Use the original manufacturers' boxes and packaging
• Package all returns to prevent damage in transit
• Use shipping labels on cartons being returned
• All returns must have an RMA number printed on the return shipping label
• Do not write addresses or RMA numbers on the outside of the manufacturers' boxes. Products must be in resalable condition to receive credit - All returns must be complete including all components, accessories, cables, software and manuals in the original shipment
• All returns must be received by CTCP Corporation within 15 days from the date the RMA number is issued. RMA numbers are only valid for 15 days.
• Returns must be shipped freight pre-paid
Dead on Arrival (DOA) / Defective Returns Products that are inoperable at first use are eligible for a DOA return up to 30 days from the date of the invoice depending upon the manufacturer's policy. Certain manufacturers may require that all DOA and defective products be returned directly to them, or they may limit the return time frame after purchase.
Manufacturer policies are subject to change without notice. CTCP will make every reasonable effort to exchange DOA and defective products. All original packaging, components, accessories, software and manuals must be included with returned DOA and defective products. DOA and defective products returned incomplete may be assessed a charge for the missing items or returned to you at your expense. If you have a DOA or defective product, please call our Customer Care department at 1-800-268-5457 or 905-696-8102. When necessary, our Technical Support Team will assist you in reviewing the manufacturer's installation procedure to rule out incompatibility. Often, by offering expert technical information, they can help you avoid the time and expense of returning a product. Products found not to be DOA or defective will be subject to return back to the customer at the customer's expense.
Pricing and Availability - All pricing is subject to change. CTCP reserves the right to make adjustments to pricing, products and other service offerings for reasons including but not limited to; changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All are subject to product availability. Despite the above, once an order has been accepted by CTCP, CTCP may not increase the price of that order or make any other change to the order that is adverse to the Customer. Shiping available in Canada only.
Digital Check Limited Warranty
TERMS AND CONDITIONS AGREEMENT
For BranchXpress™, CheXpress®, TellerScan® and SB Series Scanner
I. Warranty Coverage: Digital Check warrants the above listed products to be free from defects in material and workmanship during the warranty period. If a product proves to be defective in material or workmanship during the warranty period, Digital Check will, at its sole option, repair or replace the product with a similar product. Replacement product or parts may include remanufactured or refurbished parts or components.
II. Length of Warranty: Digital Check’s products are warranted from defects in material or workmanship for one (1) year for parts and labor. The warranty period begins the day the product is purchased by the end user. Proof of purchase is required. Digital Check accessory products carry limited warranties. See the product page for additional detail per model. All Digital Check refurbished or exchanged products carry a ninety (90) day limited warranty on parts and labor, or will be covered by the balance of the time remaining on the customer's original limited warranty or whichever is longer.
III. Warranty Protection: This warranty is valid only for the first end user and is not transferable.
IV. Non-Warranty Items:
1. Any product on which the serial number has been defaced, modified or removed.
2. Digital Check provides no warranty for the third-party software included with the product or installed by the customer.
3. Damage, deterioration or malfunction resulting from:
a) Accident, misuse, neglect, fire, water, lightning, or other acts of nature, unauthorized product modification, or failure to follow instructions supplied with the product.
b) Repair or attempted repair by anyone not authorized by Digital Check.
c) Damage to, or loss of, any programs, data or removable storage media.
d) Software or data loss occurring during repair or replacement.
e) Any damage of the product due to poor packaging and shipment.
f) Removal or installation of the product.
g) Causes external to the product, such as electric power fluctuations or failure.
h) Use of supplies or parts not meeting Digital Check's specifications.
i) Parts subject to normal wear such as rubber rollers.
j) Failure of owner to perform periodic product maintenance as stated in the product user manual, such as cleaning of the track and rollers with a cleaning card authorized by Digital Check or adjusting the feeder discriminating roller to compensate for roller wear.
k) Any other cause which does not relate to a product defect.
l) Damage to, or abuse of, the coating on the surface of the scanner through inappropriate cleaning as described in the product user manual.
4. Removal, installation, and set-up service charges.
5. Shipping from the customer site to the factory. All scanners are returned to the customer via standard ground shipment. Expedited shipment is available at the then current price.
V. Out-of-Box Failures of New Purchases If an out-of-box failure of a newly purchased scanner were to occur as a result of defects in material and/or workmanship, Digital Check will replace that scanner at no additional cost to the customer. This out-of-box quality guarantee applies during the first 200 items scanned to ensure every scanner is in good working condition before the 12 month factory warranty terms begins. A pre-paid return label will be sent with the replacement scanner so that the defective scanner can be quickly and easily returned. The customer is responsible for packing the defective scanner into the replacement unit packaging and ensuring it is shipped back to Digital Check. If the scanner is not returned within 30 days, the customer is responsible for the replacement cost.
VI. Options for Expediting a Warranty Repair: Digital Check offers an option to either expedite the repair of the scanner or exchange the unit for a refurbished unit via next day delivery for an additional fee.
There are two expedited repair options designed to provide factory warranty repair service for those customers requiring asset tag tracking or who prefer to retain their existing scanner and need it returned quickly. A typical scanner repair takes 5-7 days to complete and 3-5 days for standard ground shipping. The expedited repair will be completed and the scanner ready for shipment the same day via customer specified shipping method if the scanner is received by 8:00 AM PST or next day on scanners received after 8:00 AM but before 2:00 PM PST. The customer is responsible for shipping the scanner to and from the factory. Optional fees apply and availability may be limited.
The exchange option is designed to provide a replacement scanner the next business day in exchange for the defective scanner. The replacement scanner is shipped via overnight and a shipping label is included for return of the defective scanner via standard ground service.
Exchanged scanners are refurbished scanners that have been repaired and tested and meet the original product specifications. Each exchange unit contain the following items:
• Power Supply
• Easy Exchange Instructions
• Pre-Paid Shipping label for the return of the broken unit
Units returned for repair are tested, repaired, inspected for quality control and re-packaged before being returned to the replacement pool for future use as a replacement unit. NOTE THAT BY USING THIS PROGRAM THE CUSTOMER AGREES TO RETAIN A REFURBISHED REPLACEMENT SCANNER INSTEAD OF THE ORIGINAL SCANNER. THE ORIGINAL RETURNED NONWORKING SCANNER WILL NOT BE RETURNED TO THE CUSTOMER AND SHALL BECOME THE PROPERTY OF DIGITAL CHECK. Digital Check certifies each replacement unit to meet new production quality standards and guarantees units shipped from the ‘replacement pool’ are in new or like new condition and in good working order.
VII. Obtaining Service: For information on obtaining warranty service, contact your Digital Check Reseller, Digital Check's Customer Support or visit our website You will be required to provide:
1) A copy of the dated sales slip or other proof of purchase and installation.
2) Your name.
3) Your ship to address, email address and phone number.
4) The model number and serial number of the product located on the bottom of the scanner.
5) A description of the problem.
6) Return the product prepaid in the original container, with the associated accessories, to Digital Check or any Digital Check authorized service center. Insurance on the returning product is recommended should you experience any transportation claims from the carrier you select.
7) Digital Check is not responsible for any returned product without an assigned Return Material Authorization (RMA) number.
VIII. Limitation of Implied Warranties: THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IX. Exclusion of Damages: DIGITAL CHECK'S LIABILITY IS LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCT. DIGITAL CHECK SHALL NOT BE LIABLE FOR:
• DAMAGE TO OTHER PROPERTY CAUSED BY ANY DEFECTS IN THE PRODUCT, DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• ANY OTHER DAMAGES, WHETHER INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.
• ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY.
X. Effect of Local Law: This warranty gives you specific legal rights, and you may also have other rights which vary from locality to locality. Some localities do not allow limitations on implied warranties and/or do not allow the exclusion of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
XI. Sales outside the U.S.A. and Canada: For Digital Check products sold outside the U.S.A. and Canada, contact your Digital Check dealer or Digital Check for warranty information and service.
PANINI OEM HARDWARE WARRANTY
Panini provides warranty programs directly to its customers and Authorized Resellers' customers. All warranty under this program will be provided by Panini or by a Panini appointed and authorized service provider.
Panini hardware products (Vision X Product Family, I:Deal Product Family, wI:Deal Product Family, and Multi-Function Systems) come with a Standard Warranty which protects against defects in material and workmanship. Panini warrants, to its customers, its authorized Resellers' customers, and no others, that all Panini hardware products will be free from defects in material and workmanship under normal use, regular service and maintenance, in accordance with instructions provided by Panini.
This warranty shall not apply to any Panini hardware product that:
a. Have been subjected to improper handling, operation, maintenance, repair, use, or alteration,
b. Have been subjected to misuse, negligence, improper installation, or accident,
c. Have non-standard (non-Panini or non-Panini authorized) parts, assemblies, or consumables & supplies installed or utilized, or
d. Have not been properly stored
e. Have not been repaired or attempted to be repaired by Panini directly or a Panini authorized service provider, or
f. Have not been registered directly with Panini.
Any claim made pursuant to this warranty shall be conditioned upon Panini's inspection of the scanner, parts, components and accessories upon which the claim is made and Panini's determination that there was a defect covered by this warranty. Panini's obligation under this warranty, and the customer's exclusive remedy for breach thereof, shall be limited to, at Panini's option, repair or replacement of any alleged defective scanner or parts thereof, issuance of credit, or return of the purchase price. Panini requires the return of any allegedly defective scanner, in accordance with Panini's directions, before honoring any claim. Scanners or components replaced pursuant to this warranty shall be warranted for the unexpired portion of the warranty applying to the original warranty term.
This warranty constitutes Panini's sole warranty responsibility and the customer's exclusive remedy whether sounding in tort, contract, strict liability, or otherwise. PANINI MAKES NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, nor does it make any other warranty, express or implied, of any nature whatsoever with respect to goods sold by Panini or the use thereof except as set forth herein. Except for the remedy provided herein, Panini shall in no event be liable for direct, indirect, special, incidental, consequential, or punitive damages of any character in connection with the sale or use of the scanners.
Additional Terms & Conditions
1. The Standard Warranty period begins on the date of shipment from Panini or from a Panini authorized Reseller or from Panini authorized Master Distributor, whichever comes later. Reseller has the right to transfer Panini Standard Warranty and/or resell Panini Extended Warranty to their customer provided the customer or Reseller completes proper registration of the Product purchased with Panini. All scanners must be registered directly with Panini within 30 days of shipment from the Reseller's facility. Scanners which are not registered will not be covered by the standard warranty. Scanner registration can be completed using the scanner registration card, on-line at www.paniniportal.com or with proper written approval from Panini.
2. Reseller must provide Panini with proof of shipment in order for the Standard Warranty to commence on their date of shipment. A copy of shipment tracking information and Reseller's customer invoice must be faxed to Panini at (937) 291-2197 or emailed to firstname.lastname@example.org. All paperwork must reference the serial number of the unit(s). If the end user or Reseller fails to provide the information, the start date for the Standard Warranty will default to the date of shipment from Panini.
3. Panini at its sole discretion may alter eligible warranty programs, terms, conditions, length and pricing as well as associated programs, based upon specific customer agreement(s) or partner program(s).
4. A Return Material Authorization (RMA) number must be obtained from Panini prior to the return of units for service. Units returned without an RMA number will be refused. RMA numbers can be obtained on-line by visiting www.paniniportal.com or contacting Panini Customer Service Support at 937-291-2195.
5. The product must be returned to Panini in the original shipping container (or suitably packaged). The product must be whole, not in parts, to be accepted. When returning a scanner, the power cord, power supply, USB cable, and feeder extension (as applicable) must be included in the return package. Failure to return these items will result in charges for replacement parts at then published pricing. All ink cartridges or franking rollers returned with the unit will be discarded by Panini and will not be replenished when the unit is returned.
6. Customer is responsible for all freight charges associated with shipping unit(s) to and from Panini for service.
7. Units returned to Panini for which no problem can be found, will be subject to a no problem found fee in the amount of $75. No problem found is defined as the unit passing all Panini factory diagnostic tests upon return and before any parts have been replaced.
8. Routine cleaning is not covered by the Warranty program. Customers are expected to follow the cleaning protocol, procedures and techniques as provided by Panini and only utilize Panini authorized cleaning supplies. Failure to use Panini authorized cleaning supplies may result in sub-optimal performance including but not limited to roller degradation, camera lens damage, document damage and/or excessive build-up of solvents and other liquids. Use of non-Panini authorized cleaning supplies may be subject to Time & Material charges and may result in voiding of remaining warranty.
9. Service work required under the warranty program can only be performed at the Panini facility or by Panini appointed authorized service provider facility. All such work is usually completed within 5-10 business days from receipt of the unit, but is subject to availability on a first come first serve basis.
10. Panini reserves the right to repair or replace a unit returned for service. Under this program replace is defined as a new unit, a refurbished unit or previously repaired unit.
11. For Panini scanners equipped with endorsement printing capability, only Panini authorized inkjet supplies can be used. Failure to use Panini authorized inkjet supplies may result in sub-optimal performance including but not limited to excessive ink spray, incomplete spray and/or smearing on the documents. Dirt, overspray, streaking and/or damages to the scanner as a result from the use of non-Panini authorized inkjet supplies are not covered under this program, may be subject to Time & Material charges and may result in remaining warranty being voided.
12. This program does not cover cosmetic damages such as scuffs, adhesives, scrapes, scratches or markings that may be on the scanner covers. Cosmetic damage will be repaired or replaced for an additional charge. 13. This program does not cover routine wear and tear for use of the product such as replacement rollers, missing or broken feeder extensions, and blotting pad assemblies.
14. Consumables and/or supplies are not covered under this program. Consumables and supplies are defined as Panini authorized ink, rollers and cleaning supplies. Complete information on the approved Panini consumables and/or supplies can be found at: www.paniniportal.com.
15. Prices do not include, and Buyer is responsible for any sales, withholding, use, inventory, value added and similar taxes, including property tax for Products and other items. Prices are ex-works Dayton, Ohio. Accordingly, Buyer will pay all transportation, insurance, warehousing and other costs related to the delivery of Products and other items.
16. Customer is required to arrange for payment of non-warranty covered charges directly with Panini or Panini authorized service provider prior to commencement of work.
17. Panini reserves the right to market additional Product offerings to registered customer
CashTech Currency Products Terms and Conditions for Maintenance Services
TERMS OF AGREEMENT
CashTech Currency Products (CTCP) and Customer agree to the terms and conditions of this Agreement whereby CTCP agrees to provide and the Customer agrees to pay for maintenance services as specified in this document.
1. TERM This Agreement shall be effective upon completion of purchase of an Advanced Exchange Depot Maintenance Agreement in this initial purchase. The term of this Agreement is from the commencement date to the expiry date as related to annual period following purchase date.
2. PRICES, INVOICES & PAYMENT. The prices for 3 Year and 5 Year Advanced Exchange Depot Service stated in the pricing on our website are applicable to this initial Order and for customer's with Canadian end user addresses only. Prices do not include, and you will pay any applicable taxes. After the initial maintenance term, CTCP will invoice you for recurring services annually in advance, and for non-recurring services monthly unless otherwise stated herein. Payments are due upon your receipt of invoice. If CTCP does not receive payment within 30 days of the invoice date, CTCP reserves the right to charge late fees on a per month basis or the maximum allowed by law, whichever is less; and upon written notice to you of this default, to suspend services, without waiving CTCP’s right to payment. For Advance Exchange Depot Service, when a service request is placed CashTech will obtain a valid credit card number before we can ship out the permanent replacement unit. If we do not receive the defective unit back within 10 days we will charge the credit card the full value of the replacement scanner on day 11.
3. SERVICE RESPONSIBILITIES OF CTCP If selected by you, maintenance services have an initial term of 3 or 5 years starting on the date of delivery and will automatically renew for additional one year terms unless you or CTCP provide written notice of non re-newal at least 60 days prior to the renewal date. If payment for renewal invoice is not received within 30 days, maintenance will be cancelled. CTCP may change its maintenance pricing and rates for time and material services at any time, and after the initial term may change its pricing and rates for recurring maintenance service annually for any upcoming renewal term.
CTCP shall maintain the covered Equipment in good operating condition, install those engineering changes which CTCP deems necessary, and furnish service within the Principal Period of Maintenance or PPM (8:30 AM to 4:30 PM, EST, Monday to Friday, excluding locally observed CTCP holidays).
The Manufacturer's Warranty covers parts and labour required to correct manufacturer's defects only. During the term of this maintenance service contract, CashTech will maintain covered scanners procured from CTCP's approved distributor to operate in accordance with their published specifications, normal wear and tear excepted. Before accepting an Order for maintenance services on equipment not purchased new from CashTech, CashTech may inspect and refurbish, at your expense, any Equipment not then under CashTech maintenance or which anyone other than CashTech has installed or serviced. CTCP's prepaid maintenance services include all parts, and labor. Excluded are supply items and repairs required as a result of abuse, negligence or misuse of Equipment.
Advance Exchange Depot Service Agreement: Advance Exchange Depot repair service is provided for all covered scanners at a CashTech depot repair facility. When you experience a problem with a covered scanner, you will call CashTech Currency Products's Help Desk for assistance in diagnosing the problem. If the problem cannot be resolved by our Help Desk and we determine the problem to be with a scanner that is covered by our Scanner Maintenance Services, CashTech will work to resolve the problem. If the problem requires depot repair service, CashTech will ship to you a replacement scanner from its spares inventory, per the following schedule:
Day Time Problem Reported Shipment Commitment
Monday – Friday Before 4:30 pm EST Ship same day; next business day delivery*
Saturday & Sunday Anytime Ship Monday; next business day delivery*
*Based on the location/delivery and holiday schedule of the carrier.
All spares will be of like model and new or like new in operation and performance.
4. SERVICE LIMITATIONS The following maintenance services are not included in this Agreement: i) services outside the PPM or ii) services which, in CTCP's opinion, are required due to improper treatment or use of the Equipment; unauthorized attempts by other than CTCP personnel to repair, maintain or modify the Equipment; or causes external to the Equipment. Maintenance materials, tools, documentation, and test Equipment provided by CTCP shall remain the exclusive property of CTCP. CTCP reserves the right to terminate or refuse service when, in CTCP's opinion, conditions at the Equipment location represent a hazard to the safety or health of any CTCP employee. Maintenance service does not include: i) operating supplies or accessories, cleaning supplies for operator maintenance, paint or refinishing the Equipment, ii) electrical work external to the Equipment or maintenance of accessories, alterations, or attachments or other devices not provided by CTCP.
5. RESPONSIBILITIES OF CUSTOMER You will provide CTCP, with shipping information when purchasing a scanner which will be used to provide a list of all equipment and locations to be supported hereunder as of the effective date. You will provide access to your scanners and relevant information, as necessary, to allow CTCP to perform the maintenance services.
5.1 When the spare unit arrives at your site from CTCP, your personnel will replace the failed unit with the working spare unit. You will pack the failed unit in the received box and use the original packaging material that was sent with the spare. You will apply the pre-paid return courier shipping address label provided within the box to the outside of the box and call the courier company to schedule a pick-up. You will ship the failed unit directly to the designated CTCP depot facility so it is received by CTCP within 10 days. Once received, CTCP will repair or replace the covered scanner and place the repaired unit into its spares inventory at CTCP's depot location. If the scanner is not received within 10 days you will be invoiced for the price of a replacement scanner of like model and features.
5.2 Damage that occurs in shipment is the responsibility of the shipping agent. If damage occurs in shipment from CTCP to you, it is CTCP’s responsibility to place a claim with the courier/shipping agent. If damage occurs in shipment from you to CTCP, it is your responsibility to place a claim with the courier/shipping agent. Both parties will provide each other with such assistance as may reasonably be necessary to recover damage claims from the courier/shipping agent.
6. CHARGES All charges set forth in this Agreement are due and payable in advance either upon purchase of the scanner or on the first day of the Term of this Agreement. Charges for maintenance services not covered under this Agreement shall be invoiced at CTCP's standard rates and conditions in effect when the service is performed and payment will be due when invoice is rendered. Any applicable Provincial Sales Tax and Goods and Services Tax or any other Consumption Tax will be shown separately on the invoices and will be payable by the customer.
7. MOVEMENT OF EQUIPMENT Customer shall notify CTCP thirty (30) days prior to moving Equipment. CTCP shall be under no obligation to continue service if Equipment is moved without such notification. Any additional zone rate charges as a result of moved Equipment will be paid by the Customer.
7.2. Exclusions. Problems not covered by maintenance services include scanners that are received that only need cleaning or if there is no problem found and those resulting from: unauthorized alterations or attachments; negligence, abuse or misuse, including failure to operate the covered scanner in accordance with specifications or interface requirements; failure of goods or services not obtained from CTCP or an Approved Distributor or not subject to a then-effective CTCP warranty or maintenance agreement; improper handling, use or storage of supplies; and, fire, water, acts of God or other catastrophic events. CTCP does not warrant that covered scanners will operate uninterrupted or error free, or that all deficiencies, errors, defects or non-conformities will be corrected. EXCEPT AS OTHERWISE STATED HEREIN, THERE ARE NO WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Your rights and remedies set forth in this Order are exclusive and in lieu of all other rights and remedies related to the services.
8. LIMITATIONS OF LIABILITY There are no representations or warranties, expressed or implied, in connection with this Agreement or the services to be provided to the Customer, other than as expressly set forth in this Agreement. CTCP shall not be liable for loss of use of any of the items to be serviced under this Agreement, or for any loss or damage occasioned by such loss of use, or by failure of any Equipment to perform. CTCP's liability in this Agreement shall be limited to the repair or replacement of any parts or items of Equipment which may be damaged solely as a result of the negligence on the part of CTCP personnel. In no event shall CTCP's liability hereunder exceed the cost of replacement of the Equipment being serviced. Customer agrees to indemnify and hold CTCP harmless from any loss or damage arising out of the maintenance operation or use of the Equipment other than any such loss or damage resulting from the sole fault or negligence of CTCP.
9. DISPUTES. Any controversy or claim, regardless of the causes of action alleged, will be resolved by arbitration before a sole arbitrator in Toronto, Ontario pursuant to the Arbitration Act of Ontario. Notwithstanding the foregoing, the obligation to arbitrate shall not apply to requests for preliminary injunctive or other equitable relief related to claims for misuse or infringement of a party's intellectual property rights, and either party may seek such relief in court with respect to such intellectual property pending the appointment of an arbitrator. In other respects this Order, together with the relationships and transactions it creates, is governed by Ontario law, excluding its laws regarding choice of law. The arbitrator's award will be final and binding, and may be entered in any court having jurisdiction thereof, but may include only damages consistent with the limitations in this Order. Each party will bear its own legal fees and costs related to the arbitration. Any claim or action must be brought within two years after the cause of action accrues.
10. GENERAL If either party fails to perform its obligations under this Agreement and such failure continues for a period of thirty (30) days after written notice, the other party shall have the right to terminate this Agreement without further notice. This Agreement shall be construed under and governed by the Federal and Provincial laws of Canada and constitutes the entire Agreement between the Customer and CTCP with respect to the furnishing of CTCP maintenance service hereunder. Any previous Agreements between the parties with respect to this matter are superseded. This Agreement may not be altered or modified except by a notice in writing signed by both parties hereto. CTCP shall not be liable for any failure or delay in performance hereunder if such failure or delay is due, in whole or in part, to any cause beyond its control.