Snapshot 102611
Normalized text
Scripts and page chrome removed; this is what change detection compares.
Check out our Cloud Savings Estimator → Customer Terms and Conditions for Products and Services 1. Contract Formation and Governing Terms Entire Agreement: These Terms represent the final and complete agreement between the Customer and LucidPoint. By placing an order, Customer agrees to be bound by these Terms unless a separate written contract signed by a senior corporate officer of LucidPoint exists. Rejection of Other Terms: LucidPoint expressly objects to and rejects any additional or different terms contained in a Customer’s purchase order or administrative documents. Such terms shall be deemed null and void. Binding Orders: Orders are not binding until accepted by LucidPoint. Delivery estimates are not guarantees, and LucidPoint is not liable for delays beyond its control. 2. Pricing and Payment Price Variations: Pricing is subject to change based on manufacturer discounts, order volume, and specific customer needs. LucidPoint does not guarantee pricing or honor "Most Favored Customer" provisions. Standard Payment: Unless otherwise agreed, payment is Net 30 days from the invoice date. Late Fees: Late payments accrue charges of 1.5% per month (or the maximum allowed by law). Customer is responsible for all collection costs and legal fees. Taxes: Prices exclude federal, state, and local taxes, as well as shipping and handling, unless specifically itemized. 3. Title, Risk of Loss, and Inspection Title: Title to products is retained by LucidPoint until the product is paid for in full. Shipping Responsibility: LucidPoint is responsible for loss/damage if they select the carrier; the Customer is responsible if they select the carrier. Inspection Period:2 Days: Visual damage to shipping containers must be reported within two business days of receipt. 7 Days: Order shortages or concealed damages must be reported within seven business days. 4. Returns and Cancellations RMA Required: No returns are accepted without an approved Return Merchandise Authorization (RMA) number, which is valid for 10 days. Eligibility: Unused, unopened returns are subject to manufacturer policies. Items that are end-of-life, opened software, custom-configured, or built-to-order are not eligible for return. Fees: LucidPoint may charge restocking fees for items not qualifying under standard return policies. 5. Services and Work Product Work for Hire: Subject to full payment, deliverables from services (Work Product) are considered "work for hire," though LucidPoint retains rights to any pre-existing "Existing Materials". Acceptance: Services are deemed accepted upon completion or within 5 business days of milestone delivery. Third-Party Services: For services sold as a reseller (e.g., manufacturer maintenance/SKUs), the third-party provider is solely responsible for performance. 6. Warranties and Liability Pass-Through Warranty: LucidPoint passes through all manufacturer hardware and software warranties to the Customer. LucidPoint provides no independent warranties on products it does not manufacture. Limitation of Liability: LucidPoint’s liability is limited to direct damages and shall not exceed the amount paid for the specific product or service causing the claim. Exclusion of Damages: In no event shall LucidPoint be liable for special, incidental, or consequential damages, including lost profits, loss of use, or lost data. 7. Legal and Compliance Security Interest: Customer grants LucidPoint a purchase money security interest in all equipment provided until payment is received in full. Confidentiality: Both parties agree to protect "Confidential Information" (including pricing and these terms) for 3 years after termination. Governing Law: These terms are governed by the laws of Colorado. Export: Customer must comply with all U.S. export and import laws and OFAC trade sanctions.