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Terms and conditions of use

 Prices : All orders will be invoiced at prices in effect at time of shipment, except prices on projects with registered quotes. Prices exclude taxes. When applicable, taxes shall be added to the invoice to be paid by you.

 

All prices and terms are subject to change without notice.

Errors and omissions are subject to correction.

Prices shown here supersede all prior prices.

 

How to Order :

Web: www.kmthomas.com

Phone : 416-798-0611  ,  Toll Free  877-798-0611

Fax : 416-798-1349

E-Mail : info@thomasaccesscontrol.com

 

Minimum Order : Orders under $100.00 net are subject to handling charges, shipping charges and applicable taxes.

 

Orders : K.M. Thomas reserves the right to decline orders in whole or in part when the price, quantity, product compatibility or other factors are not satisfactory.

 

Cancellations : All orders, once placed and accepted by K.M. Thomas are subject to cancellation charges which reflect the expenses incurred to the date of cancellation.

 

Payment Terms : Net 30 days with established account, approved credit and account status. If in our judgment, your financial condition does not justify continuance of the work to be performed or the existing terms of payment, we may require full or partial payment in advance of shipping any outstanding order. A late charge of 2 % per month or the maximum rate permitted by applicable law will be applied to all past due invoices. All invoices will be dated the date of shipment.

Please remit payments to : K.M. Thomas Company Ltd

                                            360 Carlingview Dr.

                                            Toronto, Ontario M9W 5X9

 

Accounting Dept : 416-798-0611

 

Freight : Prices are FOB our warehouse, Toronto, Ontario, Canada. Freight charges and insurance charges on all shipments are prepaid by K.M. Thomas and invoiced to you, unless otherwise specified. When delivered to the freight carrier, the shipment becomes your property and you assume the risk of loss or damage in transit.

 

Shortages : Claims for shortages must be submitted in writing within 10 days of receipt

of the shipment.

 

Delivery : K.M. Thomas endeavors to ship orders promptly upon confirmation. However, we will not be liable for any loss or damage of any kind resulting from any delay or inability to deliver due to causes beyond our control.  Orders including out of stock items will be held until complete and ship when complete unless otherwise requested by customer.

 

Returned Goods : All products for return to K.M. Thomas must have a pre-approved Return Materials Authorization (RMA) number. Any product(s) with manufacturers defects  will be promptly corrected. All returned products will be inspected for damage, function and condition of salability. Products determined acceptable for resale will be subject to a base charge of 25 %. Additional charges may be added, at our discretion, for products requiring re-work, replacement or re-packaging in order to be returned to their original new condition.

Not all products will be accepted for return including, but not limited to; special order, damaged, outdated and obsolete products.

Products with approved RMA numbers must be returned to TAC, freight prepaid by you.

RMA’s are valid for 30 days from the date of issue.

Unauthorized claims and labor charges will not be accepted.

 

Security :  You grant us a purchase money security interest in the products and the right to repossess, until the full purchase price is paid.

 

Disputes : All disputes arising out of, or relating to these terms and conditions of sale shall be governed by and construed in accordance with the laws of the Province of Ontario and be resolved in an appropriate court located in Toronto, Ontario.

 

Support Costs: Software support for non-warranted systems is on a per incident basis.  There will be a minimum charge of $100.00 per hour, billed in 1 hour increments. K.M. Thomas will not commence with any support or work until a Purchase Order is received from the customer.

 

Installation: Installation is not included in any of the prices listed herein. K.M. Thomas is not obligated to make site visits for the purpose of trouble-shooting installation or service related problems. K.M. Thomas, at its sole discretion, may choose to provide visitations at an hourly rate of $150.00 to a maximum daily rate of $1000.00 per working day, plus travel and living expenses for the duration of the person's absence from his or her normal place of work. The Customer and/or Dealer will pay for all local labour, permits, and other fees associated with installation.

 

Liabilities: The Dealer is an independent contractor and nothing in this price book, nor any conduct of either party shall be deemed to constitute an employment relationship. K.M. Thomas in no event shall be responsible for any special, indirect, punitive, or consequential damages of any kind, including, loss of revenue or profits, loss of data or use, damage or loss of equipment or property, and claims against the purchaser by any third party, even if K.M. Thomas has been advised of the possibility of such damages occurring.

 

Technical Support: K.M. Thomas will provide technical assistance via telephone for K.M. Thomas manufactured or supplied goods, during the warranty period. This service is available Monday through Friday 8:30am until 4:30pm (EST),

excluding holidays and weekends. Support is for K.M. Thomas customers only!

 

Customer Responsibilities:

It is the sole responsibility of the customer to be familiar with the products, applications, and requirements for installation and compliance.

 

NOTICE: The products are designed and intended to be used as an Access Control and Point Monitoring system. Under no circumstances should the product be used as primary monitoring for a Fire Alarm System, or any other life safety type application. It is your responsibility as a Dealer to ensure compliance with all National, Provincial and State

Building Codes, project specifications and general conditions and to apply and obtain all necessary permits as required. “System Acceptance” by Authorities Having Jurisdiction (AHJ’s), consultants, engineers and end-users, are your responsibility as a Dealer.

 

K.M. Thomas does not warrant that the functions achieved by the product will meet your specific requirements or that the operation of the product will be uninterrupted or error-free. You assume responsibility for the selection of the proper product to achieve your intended results, and for the installation, use, and results obtained by the product. 

 

Warranty: Subject to the limitations of liability set forth below, K.M. Thomas warrants their products to be free from defects in materials and workmanship for a period of one (1) year from the date of invoice. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES OF QUALITY, WHETHER EXPRESS OR IMPLIED. This warranty shall not apply to products which have been altered or subjected to misuse, accident, neglect, ordinary wear & tear or improper handling, storage, installation, maintenance, product selection & application or improper wiring of electrical products. All claims under this warranty must be made in writing and will be handled under our Return Materials Authorization (RMA) procedure. K.M. Thomas will repair or replace products (including refurbished product) at K.M. Thomas’s sole discretion, F.O.B. point of shipment. This is your exclusive remedy for any claim against us, whether based in contract, negligence or otherwise. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS), NOR WILL OUR LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO, OUR AGREEMENT OF PURCHASE AND SALE OR THE MANUFACTURE, SALE, DELIVERY OR USE OF A PRODUCT EXCEED ITS PURCHASE PRICE. No other person may make representations on behalf of K.M. Thomas.

 

Software Warranty:

1. K.M. Thomas warrants software to the original Dealer for a period of one (1) year from the date of original shipment. Software Support will be made available via telephone or electronic mail during the warranty period. Upon the expiration of the above-described one (1) year period, the Dealer may extend technical support on a per-incident or annual fee basis in accordance with K.M. Thomas then pricing and terms.

 

2. Limited Warranty on Diskettes or CD’s. K.M. Thomas warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of original shipment. K.M. Thomas entire liability and the Dealer’s exclusive remedy will be replacement of the diskettes not meeting K.M. Thomas limited warranty and which are returned to K.M. Thomas within such warranty period.  K.M. Thomas will have no responsibility to replace media damaged by accident, abuse or misapplication. 

 

3. Disclaimer of Warranty. The purchasing Dealer expressly acknowledges and agrees that the use of the Software and its documentation is at the Dealers sole risk. K.M. Thomas does not warrant that the functions contained in the program will meet the Dealers requirements for the project or that the operation of the program will be uninterrupted or error-free. The Dealer assumes responsibility for the selection of the proper program to achieve the intended results, and for the installation, use, and results obtained by the program.

 

These terms and conditions of sale together with such additional terms and conditions of sale as are approved in writing by us are exclusive. They apply to your order regardless of any language to the contrary appearing in your purchasing documents. Our acceptance of your order is conditioned upon your assent to these terms and conditions of sale, including additional and different terms and conditions. We are not bound by your terms and conditions of purchase unless we expressly agree to them in writing. In the absence of your written agreement to these terms and conditions, either acceptance of, or payment for the products will constitute your acceptance. Any different or additional terms or conditions in your purchasing documents are considered material alterations and are null and void and superseded by these terms and conditions.

 

The invalidity of any part of our agreement of purchase and sale will not affect the validity of the remaining provisions.

 

Your rights and obligations may be not be assigned without our consent.


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