Digital WatchdogAppendixACCESSORIESREQUIREDOPTIONALBULLETB1B1362TIR650B1367WD / TIR / 650B1363D / TIRB1365TLPR650B1567WD / TIRB1Junction BoxBLJUNCB2B2382TIRB2Junction BoxDWC-BLJUNCBLJUNCB4MB421D / 650MB421TIR / 650B4Junction BoxPMB-BUBLJUNCDWC-PMB-BUB6B6563DIRB6563DIR550B6361WTIRB6Junction BoxBLJUNC
Terms and ConditionsDigital Watchdog, Inc5436 W Crenshaw St. Tampa, FL 33634PH 866-446-3595 FAX 813-888-9262www.Digital-Watchdog.com<strong>Product</strong>s: The company reserves the right from time totime, to add or discontinue any product from those offeredfor sale by the company or to modify the specifications ofany product without notice to the integrator/distributor.Acceptance of Order: Salespersons or any otherrepresentatives of the company are only authorized tosolicit orders from integrators/distributors and have noauthority to accept orders on behalf of the company. Allorders become effective only if, and when approved andaccepted in writing by the company by the issuance of itsorder acknowledgement. The company reserves the rightto refuse any order.Change or Cancellation of Accepted Order: Integrators/distributors may not change or cancel an acceptedorder without the prior written consent of the company.Cancellations accepted by the company will beconditioned on the payment by the integrator/distributorif the company’s cancellation charges in accordance withthe company’s cancellation policy in effect at the time ofcancellation.Price: Unless otherwise specified in the company’s orderacknowledgement or a written quotation from the companyto the integrator/distributor each order is accepted subjectto the following: (1) All prices, quotations, shipments, anddeliveries by the company are F.O.B. Tampa, Florida, (2)All prices are subject to change without notice, (3)Price is in effect at the time the order is placed, (4) Alltransportation and other delivery costs are for the accountof the integrator/distributor.Taxes: The purchase price for a product does not includeany taxes, which may be applicable to the purchase,sale, value, use, and transportation of the product.The integrator/distributor agrees to pay such taxes oralternatively to reimburse the company upon demandfor any such taxes, which the company is liable for thecollection of payment. Integrator/distributor may, in lieuof such payment, provide to the company any evidenceof the issue of tax exemption certificate acceptable to theappropriate taxing authority.Delivery Title and Risk: Unless otherwise specified inthe company’s acknowledgment, the company reservesthe right to ship all or any part of the product specifiedin any accepted order. Title to the products shall passto the integrator/distributor and the integrator/distributorshall assume all risk and liability for loss, damage ordestruction to such products after delivery to the carrier.If integrator/distributor should receive delivery of anyproduct in damaged condition or should a shortage occur,integrator/distributor shall report such damage or shortageto the delivery carrier and to the company within 48business hours of receipt of goods by dealer/distributor.Any loss or shortage occasioned by damage occurring intransit will be for the account of dealer/distributor. Unlessotherwise mutually agreed upon in writing, shipping datesare approximate and the company shall not incur anyobligation or liability to the integrator/distributor for failure toship by the estimated shipping date or any other date. Thecompany reserves the right to ship the products in single ormultiple shipments.Force Majeure: If the company’s performance of itsobligations under any accepted order is delayed or madeimpossible or commercially impractical due to any causebeyond the company’s reasonable control—includingwithout limitation, acts of God, labor disputes, compliancewith government regulations, equipment failure, shortagesin transportation, inability to obtain necessary materials/products, defects or delays in performance by company’ssuppliers or requirements of testing or productapproval authorities—the company shall have suchreasonable additional time within which to perform theaccepted order as may be reasonably necessary underthe circumstances. In the event that the company isunable to obtain sufficient products to meet all demandsfrom customers, the company shall have the right toallocate deliveries to its customers in any manner whichthe company may, in its sole discretion, determine to beequitable.Payment: The integrator/distributor shall make payment ofthe purchase price for the products in full to the companywithin the payment and credit terms granted by thecompany. The company reserves the right at any time torequire the integrator/distributor to provide satisfactorysecurity for the due payment of the purchase price forthe products in addition to the security interest reservedpursuant to the “Security” section. Failure to provide suchsecurity will entitle the company to hold further shipmentuntil such security is provided or to cancel the acceptedorder or so much of it as remains unfilled.Security: The company reserves, until payment in fullfor the products is received, a purchase money securityinterest in all products sold to the integrator/distributorunder each accepted order. A copy of the integrator/distributor contract with the company may be filed as afinancing statement with the appropriate state authorities toprotect the company’s security interest in the products.Default: If the integrator/distributor fails to make payment infull for the products within the time period set forth aboveor within the time period expressly agreed upon in writingby the parties, such failure to pay on time constitutes amaterial breach of contract by the integrator/distributorpermitting the company to suspend delivery under anyaccepted order or other contact between the integrator/distributor and the company. The integrator/distributorshall pay to the company an added service charge pf 1%per month (or the legal maximum allowed in the dealer/distributor’s state) on all delinquent invoices or portionthereof until paid. In the event that the company is requiredto take legal action, integrator/distributor shall pay allcollection fees and/or attorney’s fees plus any court costs.Guarantor: The company may from time to time requirea third party guarantor to guarantee payment of thecompany’s invoices submitted to the integrator/distributorunder the terms of an accepted order. The guarantorshall agree to pay outstanding invoices within the agreedpayment terms for the accepted order and in addition aservice charge of 1% per month or the legal maximumallowed (in the dealer/distributor’s state) on all delinquentinvoices or portion thereof until paid. In the event that thecompany is required to take legal action, including the useof a collection agency to collect past due amounts, theguarantor shall pay all collection fees and/or legal fees,including any court costs.Returns: Authorizations and instructions for the return ofany product must be obtained by integrator/distributorbefore returning any product for any reason. The productmust be returned with complete identification, freightprepaid and in accordance with the company’s mostcurrent return policies and procedures or it will not beaccepted. For a copy of the most current returns policiesand procedures, call Digital Watchdog at 813-888-9555.All items returned for credit are subject to inspectionupon receipt and a restocking charge. In no event will thecompany be responsible for any product returned withoutproper authorization or identification.Installation and Service (Advice, Assistance, or Training):The company assumes no obligation or liability for anyadvice, technical assistance or training provided by thecompany to the integrator/distributor with respect toproducts, or for any results occurring as a result of theapplication of such advice, technical assistance, or trainingand the integrator/distributor shall have sole responsibilityfor selection and specification of the products appropriatefor the end use of such products and for the properinstallation and servicing of such products.Waiver: Waiver by the company of any breach of any of theterms and conditions shall not be construed as a waiverof any other breach, and the failure by the company toexercise any right arising from any default of integrator/distributor here under shall not be deemed to be a waiverof such right, which may be exercised at any subsequenttime.Patents: The company shall indemnify and save integrator/distributor harmless from any judgment for damagesand/or costs which may be rendered against integrator/distributor in any suit brought against integrator/distributoron account of the infringement of any U.S. patent byany product supplied by the company providing that theintegrator/distributor promptly notifies the company of thecommencement of any suit and authorizes the company tosettle or defend such suit as the company may see fit andprovided further that integrator/distributor renders everyreasonable assistance which the company may require indefending such suit.Assignment: Integrator/distributor shall not assign its rightsor delegate its duties, responsibilities or obligations arisingunder any accepted order, in whole or in part withoutthe prior written consent of the company. Any actual orattempted assignment without the company’s prior writtenconsent shall entitle the company to cancel such acceptedorder upon written notice to integrator/distributor.Termination: The company may terminate any acceptedorder or part thereof for any reason at the company’sconvenience upon written notice to integrator/distributor.Integrator/distributor hereby waives all claims forconsequential damages resulting from or relating tosuch termination, including without limitation and any lostproducts or loss of anticipated profits, and to accept asits sole remedy for termination the reasonable additionalcosts of obtaining substitute goods of the same quantityand quality as the products provided that in no eventshall such costs exceed the price of the accepted orderor part thereof so terminated as stated on the company’sacknowledgement. Any claim for adjustment not submittedwithin sixty (60) days from the date of such terminationshall be deemed to have been waived by integrator/distributor.Governing Law: These terms and conditions and eachaccepted order shall be governed by the law of the Stateof Florida without regard to Florida principles or rules ofconflicts of laws that might require the applicant of the lawof another jurisdiction.Warranty: Kaltech Enterprises DBA Digital Watchdog(referred to as “the Warrantor”) warrants the Digital VideoRecorder or Camera against defects in materials orworkmanship as follows:DVR WarrantyLabor: For the warranty period from the date of originalpurchase, if the Digital Video Recorder is determined to bedefective, the Warrantor will repair or replace the unit, withnew or refurbished product at its option, at no charge.Parts: In addition, the Warrantor will supply replacementparts for the warranty period.Camera WarrantyLabor: For the warranty period from the date of originalpurchase, if the Camera is determined to be defective,the Warrantor will repair or replace the unit, with new orrefurbished product at its option, at no charge.Parts: In addition, the Warrantor will supply replacementparts for the warranty period. To obtain warranty or outof warranty service, please contact a Technical SupportRepresentative at 1-866-446-3595 Option #5 Mondaythrough Friday from 8:30 AM to 8:00 PM Eastern StandardTime.A purchase receipt or other proof of the date of the originalpurchase is required before warranty service is rendered.This Warranty only covers failures due to defects inmaterials and workmanship which arise during normaluse. This warranty does not cover damage which occursin shipment or failures which are caused by productsnot supplied by the Warrantor or failures which resultfrom accident, misuse, abuse, neglect, mishandling,misapplication, alteration, modification, faulty installation,set-up adjustments, improper antenna, inadequate signalpickup, maladjustments of consumer controls, improperoperation, power line surge, improper voltage supply,lightning damage, rental use of the product or service byanyone other than a Digital Video Recorder authorizedrepair facility or damage that is attributable to acts of God.Limits and ExclusionsThere are no express warranties except as listedabove. The Warrantor will not be liable for incidental orconsequential damages (including without limitation,damage to recording media) resulting from the use of theseproducts, or arising out of any breach of the warranty. Allexpress and implied warranties, including the warrantiesof merchantability and fitness for particular purpose, arelimited to the applicable warranty period set forth above.Some states do not allow the exclusion or limitation ofincidental or consequential damages, or limitations on howlong an implied warranty lasts, so the above exclusions orlimitations may not apply to you. This warranty gives youspecific legal rights and you may also have other rights thatvary from state to state.If the problem is not handled to your satisfaction, then writeto the Address listed above.Service calls which do not involve defective materials orworkmanship as determined by the Warrantor, in its solediscretion, are not covered. Costs of such service calls arethe responsibility of the purchaser.
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