PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from FTR Systems Inc. named on the invoice (Caddytrek) that will be provided to you (“Customer”) on orders for Caddytrek products (“Products”) sold in the United States. By accepting delivery of the Products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH FTR Systems Inc., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER FTR Systems STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in FTR Systems sole discretion.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and FTR Systems Inc.
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Massachusetts, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest
Terms of payment are within FTR Systems’s sole discretion, and unless otherwise agreed to by FTR Systems payment must be received by FTR Systems prior to FTR Systems acceptance and delivery of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by FTR Systems. Invoices are due and payable at the time of order and the date of the invoice. The FTR Systems/Caddytrek online e-Commerce system will charge a credit card immediately upon completion of an order through our certified secured payment processor company and merchant bank. FTR Systems guarantees a full and immediate refund in case of backorder situations or pre-shipment cancellations upon customer request. FTR Systems may invoice parts of an order separately. Orders are not binding upon FTR Systems until accepted by FTR Systems. Any quotations given by FTR systems will be valid for the period stated on the quotation, or if published on the internet prices are guaranteed for one calendar week from the date of publication. Prices are subject to change without notice and might vary outside the Continental United States. Customer agrees to pay interest on all past-due sums at the current interest rate for credit card debt. Discounts are applied as agreed between the Customer and FTR Systems Inc/Caddytrek.
Shipping Charges; Taxes
Separate charges for shipping and handling will be shown on FTR Systems invoice(s), if applicable. Standard shipping charges within the continental U.S. include shipping via UPS or Fed Ex Ground or similar service. Customer may choose alternate carrier at additional charges. International shipments can be made with a mutually agreed carrier and at the customer’s expense. Unless Customer provides FTR Systems with a valid and correct tax exemption certificate applicable to the product ship-to location prior to FTR Systems acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for FTR Systems franchise taxes and taxes on FTR Systems net income. If applicable, a separate charge for taxes will be shown on FTR Systems Inc. invoice.
Title; Risk of Loss
Title to products passes from FTR Systems to Customer on shipment from FTR Systems facility. Loss or damage that occurs during shipping by a carrier selected by FTR Systems Inc. is FTR Systems responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility