1. ACCEPTANCE, GOVERNING PROVISIONS AND CANCELLATIONS
No order for Hybrid Payments equipment or services shall be binding upon Hybrid Payments until accepted in writing by an authorized representative of Hybrid Payments or by shipment or other performance of such order. Any such order shall be subject to these Conditions of Sale. The purchaser agrees to be bound by the terms of this document unless the purchaser expressly notify Hybrid Payments to the contrary prior to any shipment or other performance of an order by Hybrid Payments and, in any event, within five (5) days after receipt of any acknowledgement or confirmation of such order.
No order accepted by Hybrid Payments may be altered or modified by purchaser unless agreed to in writing by an authorized representative of Hybrid Payments. No such order may be canceled or terminated except upon payment of Hybrid’s loss, damage or expense arising from such cancellation or termination.
No modified or other conditions will be recognized by Hybrid Payments unless specifically agreed to in writing. Failure of Hybrid Payments to object to provisions contained in any purchase order or other communication from purchaser (including without limitation, penalty clauses of any kind) shall not be construed as a waiver of these Conditions nor an acceptance of any such provisions.
Any contract for sale and these Conditions shall be governed by and construed according to the laws of the State of Florida. All references to dollars in these Conditions of Sale shall mean U.S. dollars.
2. INVOICES AND PRICES
Written invoices are conditioned upon acceptance by purchaser within thirty (30) days from date issued and shall be considered as offers by Hybrid Payments to sell during such thirty (30) day period unless sooner terminated by notice. Other Hybrid Payments publications maintained as sources of general information are not quotations or offers to sell.
All prices are subject to change without notice. In the event of a net price change and unless otherwise agreed to in writing, prices for orders scheduled for immediate release shall be those in effect at time of order entry. Orders not for immediate shipment will be subject to prices in effect on date of shipment.
All clerical errors are subject to the interpretation of Hybrid Payments and subsequent correction.
3. PAYMENT TERMS
Hybrid Payments reserves the right at any time to demand full or partial payment before proceeding with a contract of sale if, in its judgment, the financial condition of purchaser shall not justify the terms of payment specified. If delivery is delayed or deferred by purchaser beyond the scheduled date, payment shall be in full when Hybrid Payments is prepared to ship and the equipment may be stored at the risk and expense of purchaser. If purchaserdefaults when any payment is due, then the whole contract shall become due and payable upon demand, or Hybrid
Payments, at its option, without prejudice to other lawful remedies, may defer delivery or cancel the contract for sale.
The purchaser/lessee agrees to make scheduled payments for the period indicated on their quote/invoice. Hybrid Payments has the authorization to charge the purchaser/lessee $599.00 per device if the purchaser/lessee fails to make one or more scheduled payments. All sales are final upon delivery of the merchandise to a transportation company such as UPS or FedEx.
4. TAXES AND OTHER CHARGES
Any tax between Hybrid Payments and purchaser, shall be paid by purchaser. This will be in addition to the prices quoted or invoiced. In the event Hybrid Payments shall be required to pay any such tax, fee or charge, purchaser shall reimburse Hybrid Payments. Otherwise, in lieu of such payment, purchaser shall provide Hybrid Payments at the time of order is submitted with an exemptions certificate or other reclamation document acceptable to the authority imposing the same. Purchase orders must state the purchaser’s awareness of the existence and amount of any such tax, fee or charge, which it shall be Hybrid Payments responsibility to collect from purchaser and pay.
Regardless of shipping payment, title and all risk of loss or damage in transit shall pass to purchaser at that time.
Care is taken in packing Hybrid Payments product and equipment. Hybrid Payments cannot be held responsible for breakage or damage after having received “in good order” receipts from the transportation company. All claims for loss and damage must be made by the purchaser to the carrier.
Claims for shortages or other errors must be made to Hybrid Payments within fourteen (14) calendar days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by purchaser.
Except as otherwise may be stated in invoices, price sheets, catalogs, or other Hybrid Payments publications, shipping charges will be prepaid and added to the purchaser’s invoice based on point of original shipment.
Method and route of shipment will be at the discretion of Hybrid Payments unless purchaser shall specify otherwise.
Hybrid Payments reserves the right to make delivery in installments, unless otherwise expressly stipulated in the contract for sale. All such installments when separately invoiced shall be paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve purchaser of its obligations to accept remaining deliveries. Hybrid Payments shall not be liable for any damage as a result of any delay due to Hybrid Payments, or any cause beyond Hybrid Payments reasonable control including and without limitation, an act of God; act of purchaser or Hybrid Payments supplier; embargo or other governmental act; regulation or request; fire; accident; strike; slowdown; war; riot; delay in transportation and inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
6. LIMITATION OF LIABILITY
Anything to the contrary herein contained notwithstanding, Hybrid Payments, its contractors and suppliers of any tier shall not be liable in contract, in tort (including negligence or strict liability) or otherwise for any special, indirect, incidental or consequential damages whatsoever. The remedies of the purchaser set forth herein are exclusive where so stated and the total cumulative liability as stated above shall not exceed the price of the product or part on which such liability is based.
7. RETURN OF FAULTY PRODUCT OR EQUIPMENT
No product or equipment may be returned without first obtaining Hybrid Payments’ written Return Material Authorization. Any and all product or equipment to be returned to Hybrid Payments is subject to the terms and conditions of Hybrid Payments Return Material Policy. This policy can be obtained by contacting Hybrid Payments during normal business hours – U.S. Eastern Time.
8. RETURN OF LEASED/PAYMENT PLAN PRODUCTS
Stand-alone equipment is provided based on a processing contract with Hybrid Payments. The purchaser must email [email protected] or call 877-755-4829 at least 5 business days prior to the end of any written agreement period in order to indicate if the purchaser wants to extend their agreement. Any leased equipment must be returned to Hybrid Payments after a period of inactivity, which is defined as a period of 7 or more business days with no credit card processing activity. Proof of shipping must be given to Hybrid Payments within 7 business days following a stop in active processing. If proof of shipping is not delivered to Hybrid Payments within this time period, Hybrid Payments reserves the right to charge the lessee $599.00 per device in order to recover the cost of any leased equipment. Leased equipment must be returned to Hybrid Payments in good, working condition. Hybrid Payments may determine, at their own discretion and to what extent, a piece of equipment can be classified as being in good, working condition. If Hybrid Payments determines that a returned device is no longer in good, working condition, Hybrid Payments reserves the right to charge the leasee $599.00 per damaged device. All merchandise and equipment being leased under the Placement Program is the property of Hybrid Payments. The lessee’s monthly Placement Program fee insures the terminal in the event that it is damaged and needs to be replaced.