Sale Conditions
1. General
These General Terms and Conditions for Sales of Hardware shall, unless otherwise agreed to in writing, apply to Buyer’s purchase of Product from CardTap Systems LLC (“CardTap”). All references to the “Agreement” in this General Terms and Conditions for Sales of Hardware shall mean the purchase agreement, including purchase orders and schedules, between Buyer and CardTap. All references to “Product” shall mean the hardware product purchased by Buyer according to the specifications.
If due to any mandatory applicable law or a decision or act by any competent authority, any of the provisions in the Agreement or these General Terms and Conditions for Sales of Hardware, cannot be enforced or an amendment of any provision is required, CardTap and the Buyer shall endeavor to find an alternative solution as near the existing provision as possible.
2. Product information
The price lists, prices, information and technical specifications provided by CardTap on paper and webpages and the like are given for information only and shall not be binding on CardTap. Information from CardTap concerning the Product is only binding if it is expressly included in the Agreement.
3. Orders
All orders shall be sent to CardTap in the form of an original document authorized by the Buyer. No order shall be binding upon CardTap unless expressly accepted, by way of a written order confirmation, by a duly authorized employee of CardTap.
4. Modifications
Any modification of a purchase order requested by Buyer shall be subject to CardTap’s express agreement. The purchase price and delivery time shall be revised accordingly.
If CardTap incurs extra costs due to incomplete instructions from Buyer or due to Buyers request for changes or amendments, such extra costs shall be added to the price.
5. Delivery
The Product is delivered according to shipping and delivery terms set in the Purchase Agreement.
The Buyer shall not be entitled to any other form of compensation, for damage or loss of any kind, due to delayed delivery.
If a delay in delivery is caused by force majeure circumstances, or by an act or omission on the part of the Buyer, the time of delivery shall be extended accordingly during such circumstance, act or omission.
6. Price
The Buyer shall pay the price for the Product quoted in the Agreement. The price shall not include import or export duties or other public charges and fees unless otherwise agreed. All prices are expressed in USD and shall be paid in USD.
7. Payment
Unless otherwise agreed, payment shall be made within fifteen (15) days from the date of invoice.
CardTap shall upon late payment by the Buyer be entitled to order cancellation or interest on the sum overdue from the due date until full payment has been made.
8. Local Laws and Regulations
Unless otherwise agreed, the Buyer is responsible for all permits required, inspections, information and other requirements concerning the Product in the country of destination of the delivery. The Buyer shall furnish CardTap with all information necessary for the Product’s compliance with applicable local rules and regulations.
9. Liability
CardTap does not undertake any responsibility for the consequence of the use of any Product in combination with any other defective or substandard material, substance or product. CardTap shall not be liable for any personal injury or property damage caused by the Product.
10. Intellectual Property
In no event shall the purchase of the Product grant Buyer any right to use the intellectual property rights attached to the Product. CardTap retains all intellectual property rights in relation to the Product, and shall obtain any modifications or improvements to the Product that may result from suggestions or input from Buyer, including but not limited to rights under patent, copyright, trademark, mask work, and trade secret laws, in all jurisdictions. CardTap shall indemnify and hold Buyer harmless from any third party claim made against Buyer alleging the Product, or Buyer’s use thereof, infringes third party rights. CardTap’s obligations under this Section will not apply, however, to claims of infringement based on (i) modifications to the Product not made or authorized by CardTap, or (ii) use of the Product in combination with any other Product that are neither furnished by CardTap nor specified by CardTap for use with the Product. CardTap’s obligations under this Section are further expressly conditioned on Buyer’s notifying CardTap in writing of any claim of infringement within ten (10) days after Buyer’s notice thereof, and giving CardTap full and complete authority, information, and assistance necessary for the settlement and defense of any such claim.
11. Support
The Product is sold with limited Hardware Support administered via email, and a Hardware Warranty for a period of one (1) year from purchase date. Support does not cover damages resulting from an accident, theft, vandalism, fire, lightning, ice, extreme cold, external heat or humidity, immersion or prolonged immobilisation of the Hardware that would not correspond to its normal use.
12. Warranty
CardTap warrants that the product sold by CardTap complies with the technical specifications and descriptions agreed upon. CardTap undertakes to remedy, at no cost for Buyer, any defects in Product, or if CardTap so chooses, compensate Buyer for the value of such defective Product up to a maximum amount corresponding to the price for the defective product provided that (a) Buyer notifies CardTap in writing within the warranty period, promptly upon discovery of defects, (b) the defective Product is returned to CardTap, shipping charges prepaid by Buyer, and (c) CardTap’s examination of such Product discloses to its reasonable satisfaction that defects were not caused by negligence, misuse, abuse, misapplication, accident or unauthorized repair or modification or any other cause outside the scope of CardTap’s warranty. Any repair or other operation performed on the Product by a person not authorized by CardTap shall automatically void this Warranty.
CardTap does not warrant the merchantability, aptness, utility, functionality of Product or Product’s fitness for a particular purpose, unless specified in the Agreement.
The CardTap warranty above is limited to defects which are discovered and reported within six (6) months from delivery date. The original Warranty period for any Product which has been repaired or replaced by CardTap will not be extended.
The provision in this Section shall constitute CardTap’s exclusive liability and sole remedy for any and all damages resulting from defects in the Product. CardTap’s liability towards the Buyer is, as set out above, limited to replacement or repair of Product or refund of purchase price. No other remedies, warranties, conditions or provisions on liability stated or implied through application of law or regulation are applicable.
13. Software Service
In some cases, CardTap Hardware requires an intermittent internet connection to a CardTap managed cloud Software Service (“CardTap Cloud”). Connection to CardTap Cloud is provided at no charge for the first (1) year of Hardware ownership unless otherwise specified in the Agreement. After the first (1) year, a subscription fee may apply. If CardTap Cloud is NOT required for Hardware, it will be specified in the invoice.