These Terms and Conditions of Use ("Terms") outline the terms of our relationship. By using the Site, you agree to be bound by the following terms and all applicable laws and regulations.
Your use or access of the Site in any way signifies your constructive and actual notice and knowledge of, and your agreement to be bound by, the most current version of the Terms.
Access to portions of the Site may require that you agree to additional terms ("Specific Terms") that, together with these Terms will govern your use of the relevant Site portions. Any relevant Specific Terms will be provided to you before you will be granted first access. Your continued access shall constitute your continued acceptance to any relevant Specific Terms.
IMPORTANT! THESE TERMS AND ANY RELEVANT SPECIFIC TERMS GOVERN YOUR USE OF THE SITE AND OUR INTERNET-BASED SUBSCRIPTION MANAGEMENT AND BILLING SOFTWARE SERVICES ("Services"). THESE TERMS AND ANY RELEVANT SPECIFIC TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN COMPANY'S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIFIC TERMS EACH TIME YOU VISIT. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE OR USE OUR SERVICES.
PAYMENT TERMS: Standard payment terms are net 30 days, subject to credit approval. Progress payments, as agreed to by both parties, may apply. If the Buyer shall fail to make any payments in accordance with their terms and conditions hereof, Seller, in addition to its other rights and remedies, but not in limitation thereof, may at its option defer shipments or deliveries hereunder, or under any other contract with the Buyer, except upon receipt of satisfactory security or of cash before shipment.
AUTHORIZATION: By accepting the terms of this Agreement, you authorize us to process the balance of your Lightspeed credit account with the authorized credit card on file. Payments will be processed on a monthly schedule. Your authorizations will remain in full force and effect until your VinStream Account is closed or terminated.
TAXES: Prices do not include any sales or use tax, either Federal, State, or Local, payable on the transaction under any applicable statute. All such taxes must be paid by the Buyer.
SHIPPING DATES: Shipping dates are estimates only. No contract will be made to deliver in a specified time unless in writing by an officer of the company. Seller shall under no circumstances be responsible for failure to fill any order or orders when due to: fires, floods war, riots, strikes, freight embargoes or transportation delays, shortage of labor, inability to secure fuel, material, supplies or power at current prices, or on account of shortages thereof; acts of God or of the public enemy; any existing or future laws or acts of the Federal or of any State Government including specifically, but not exclusively, any orders, rules or regulations issued by any official or agency of any such government affecting the conduct of Sellers’ business with which Seller in its judgment and discretion deems it advisable to comply as a legal or patriotic duty, or to any case beyond Sellers’ reasonable control.
ALLOCATION OF RISK: The responsibility of Seller ceases upon delivery of goods in good order to the carrier. The Buyer assumes all risk of loss, damage or shortage in transit and any claims based thereon must be filed by the Buyer with the transportation company. Buyer also assumes risk of loss or damage caused by improper storage, handling or layup of equipment prior to startup of the unit. RETURNS: Goods may not be returned except by permission of authorized factory officials of Seller and when so returned will be subject to handling charge and transportation costs.
AGREEMENT OF SALE: Any of the terms and provisions of Buyer's order which are inconsistent with the terms and provisions hereto shall not be binding on Seller unless Seller consents in writing and shall not be considered part of the Parties’ Agreement as expressed herein. Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may hereafter occur. Orders accepted by Seller can be cancelled only upon written consent of Seller and after payment by Buyer of reasonable costs and expenses for the effort expended thereon.