FPT Terms and Conditions of Sale

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.

By accepting delivery of the products and services described in FPT's invoice or other FPT documentation, customer agrees to be bound by and accepts these terms and conditions of sale unless customer and FPT have signed a separate agreement, in which case the separate agreement will govern.

Professional Services Performance Guarantee
For all services, if the quoted objective is not delivered, there will be no charge to the customer. The estimates provided represent a reasonable amount of time to complete each item based on years of cumulative engineering experience doing similar projects. However, sometimes a situation arises where the time to complete an item will exceed the estimate due to unanticipated complications. In this circumstance, the client will be given a choice of stopping work on that item, or proceding to a mutually agreed upon milestone or resolution.

Scheduling
Standard service hours are Monday-Friday, 9:00 a.m. - 5:00 p.m. Additional charges may apply for rapid response services or service outside of standard installation hours. Services will be scheduled via interaction with your FPT  Advisor. When the FPT field engineer arrives at your onsite location according to your pre-arranged schedule, the named purchaser of the service must be present and must remain present during the entire time period services are provided. The named purchaser may assign a designee (18-years of age or older) to represent them during the service visit, and must notify their FPT Advisor who the designee will be. Access to all required equipment, passwords, equipment closets, and software necessary to complete the purchased service must be made available by the purchaser or designee at or before the start of the scheduled service visit. Customer will be charged a minimum of an $75 travel fee plus any engineering time spent (charged at $125 per hour) for a service call that must be aborted due to a missed appointment by the customer (purchaser or designee is not available at agreed upon service time) or inadequate access to essential items as described above; the Professional Services Performance Guarantee does not apply in this situation.

Product Returns
All returns require prior authorization. Returns must be authorized by us within 15 days of the invoice date. We will replace or repair, at our sole discretion, any product that is deemed defective. After 15 days, the manufacturer's warranty process must be followed.

All non-defective returns authorized by FPT are subject to a 15% restocking fee, and must be returned within 15 days from date of invoice. Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.  Your return merchandise must be packed in the original, unmarked packaging with manuals, software manufacturer documents and registration card intact.

Pricing Information; Availability; Errors and Omissions Disclaimer
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that we will be able to fulfill Customer's orders.

We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.

Limitation of Liability
Neither FPT nor its affiliates will be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. Neither FPT nor its affiliates will be liable for products not being available for use or for lost or corrupted data or software or the provision of services by third parties. Customer agrees that for any liability related to the purchase of products or services provided directly by FPT or its affiliates, neither FPT nor its affiliates are liable or responsible for any amount of damages above the dollar amount paid by customer for the product(s) or service(s) giving rise to the claim.

We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God of invoice.

Limited Manufacturer's Warranty
We do not warrant the performance or integrity of any Product, but merely pass through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.

Vendor License Agreements
Customer agrees to abide by all license provisions or end user agreements imposed by the manufacturer or publisher.

Taxes; Shipping; Risk of Loss; Security Interest
We collect sales and use taxes for sales made to residents of the State of New Jersey. Additional states may be added without notice. We shall not be liable for handling or customs charges for shipments outside the United States.

FPT will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. FPT charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer.

Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays.

FPT retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.

The commodities, technology and/or software sold or distributed under these Terms may not be exported or re-exported to countries, entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. Customer represents and warrants that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.