GENERAL TERMS AND CONDITIONS OF SALE
This Sales Agreement is a legal contract between the Vantage Point Corp (“VPC”) and VPC’s Client (“Customer”). By making a purchase, placing an order, or otherwise shopping on the Site, the Customer accepts this Sales Agreement. The terms and conditions of this Sales Agreement are subject to change without prior notice. At the time the Customer initially places or modifies an order, the terms and conditions posted on the Site will govern the order in question.
Relating to the purchase or sale of goods or services, this Sale Agreement constitutes the entire agreement between the Customer and VPC. Modification or termination of the Sales Agreement, with regard to goods or services that have been purchased or sold, may only be done in writing and signed by an authorized agent of VPC. Under the Sales Agreement, electronic records (including signatures), that are otherwise valid, shall be accepted. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application. By contacting VPC at the address provided in the e-mail, the Customer may withdraw consent to receiving electronic records.
By making a purchase, placing an order, or otherwise shopping on the Site, you agree to the terms of this Sales Agreement or any terms and conditions on our invoice. In the event of any conflict between the terms and conditions stated on your purchase order and this Sales Agreement or any terms and conditions on our invoice, our terms and conditions shall prevail.
Return Merchandise Authorization (“RMA”) Policy
VPC offers a standard 30-day return policy, from the date the product is received by the customer. A complete return policy can be found here.
All products returned MUST be: 100 percent complete. Complete is defined as all items being returned with ALL of the original boxes and packing materials, having their original UPC codes intact on the manufacturers’ boxes, containing all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer. Any RMA that is not 100 percent complete is subject to RMA denial and/or restocking fee.
Any product that is deemed defective after the 30-day return policy has past, the customer will need to follow the proper Manufacture Warranty Procedure. The customer understands all products sold by VPC are third party products and are subject to the warranties and representations of the applicable manufacturers. VPC makes no warranty of any kind and is not liable for any product or warranty past the 30-day return policy.
Shipping and Damage Policy
If merchandise arrives damaged to you: it is best to REFUSE it back to the carrier attempting delivery. If an order is being refused back to the carrier due to damage, VPC asks that you inform our team via email to expedite the return and refund/reship process.
If you accept a damaged package, make sure any externally visible damage is noted on the carrier’s delivery record. This will enable VPC to file a damage claim. In the event of shipping damage, you must save the merchandise AND the original box and packing it arrived in. Additionally, in the event of visible shipping damage, we recommend you take and retain photographs of the shipment and notify VPC immediately to arrange for a carrier inspection and a pick-up of damaged merchandise. In this event the customers must notify VPC Customer Relations of any damaged Products within fifteen (15) days of receipt, by contacting VPC Customer Relations, which may be reached by emailing [email protected]
A complete shipping policy can be found here.
Each Party recognizes the importance to the other Party of the other Party’s Confidential Information and recognizes that the other Party’s Confidential Information is critical to the business of the other Party. The Parties recognize that each Party (in such capacity, the “Disclosing Party”) may disclose Confidential Information to the other Party (the “Receiving Party”). Although not required in order for information to be considered Confidential Information, the Disclosing Party shall make reasonable efforts to indicate whether it believes information disclosed hereunder should be treated as confidential. The Receiving Party agrees (A) not to use any such Confidential Information for any purpose other than in the performance of its obligations under this Agreement and (B) not to disclose any such Confidential Information, except (1) to its employees who are reasonably required to have the Confidential Information in connection herewith, (2) to its agents, lawyers and financial advisers that have a need to know such Confidential Information and (3) pursuant to, and to the extent of, a request or order by a governmental authority; provided that, in the case of required disclosures to tribunals, the Receiving Party shall inform Disclosing Party as soon as possible in order to allow the Disclosing Party to obtain a restraining or similar order to prohibit disclosure of such information. The Receiving Party agrees to take all reasonable measures to protect the secrecy and confidentiality of, and avoid disclosure or unauthorized use of, the Disclosing Party’s Confidential Information (which measures shall be at least as protective as measures it takes to protect its own Confidential Information). At Disclosing Party’s request and no later than five (5) days after such request, Receiving Party shall promptly destroy or deliver to Disclosing Party, all materials furnished to Receiving Party and all tangible media of expression in such Recipient’s possession or control to the extent that such tangible media incorporate any of Disclosing Party’s Confidential Information.
Limitation of Liability
VPC will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. VPC will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services VPC is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
This agreement and any sales hereunder shall be governed by the laws of the state of Wisconsin, without regard to conflicts of laws rules. For the purposes of any suit, action or proceeding arising out of this sales agreement, the customer consents to the jurisdiction of the federal or state courts located in Kenosha County, Wisconsin.
Copyrights and Trademarks
©2019 Vantage Point Corporation. All rights reserved. All trade names and trademarks are the properties of their respective owners.
The customer understands that all products sold by VPC are for the sole use within the United States. For any goods being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, the customer understands many of the manufacturers’ warranties for exported goods vary and may even be null and void if goods purchased are exported outside the United States. The Customer should inquire further regarding any questions of product exportation. Any and all liability is only for the products purchased.
Title and Risk of Loss
Title to goods herein being purchased is retained by the VPC until goods are paid for by the customer and at that time title passes to the customer. If loss or damage occurs during shipping by a carrier selected by VPC the loss or damage will be the responsibility of VPC. If loss or damage occurs during shipping by a carrier selected by the Customer, the loss or damage will be the responsibility of the Customer. The title to software will remain with the applicable licensor(s).
Pricing and Accuracy
All pricing is subject to change without notice. For all prices, products and offers, VPC reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While VPC uses reasonable efforts to include accurate and up-to-date information on VPC websites, VPC makes no warranties or representations as to the Site’s accuracy. VPC assumes no liability or responsibility for any errors or omissions in the content on the Site.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon VPC until accepted and processed by VPC. The terms of payment are within VPC’s sole discretion. All invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. VPC reserves the right to invoice parts of an order separately, at VPC’s sole discretion. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer is responsible for any applicable sales taxes and any other taxes associated with the order, whether such taxes are collected at the time of sale or not. VPC does not apply any surcharge for credit cards.
In addition to the principle amount owed, customers agree to pay 33.33% of the unpaid balance as collection fees if their account is turned over to a collection agency. Customers further agree to pay reasonable attorney fees and court costs arising out of any litigation concerning the collection of their account.