Terms and Agreements

Terms and Agreements

Agreement

The terms and conditions outlined in this policy is the sole agreement between Borescopes-R-Us and the purchasing party.  By paying the invoice the buyer accepts all of the terms and conditions outlined in this policy.

Payment Terms

Payment terms are COD, Credit Card, or Wire Transfer unless specifically noted and pre-approved.  Borescopes-R-Us reserves the right to revoke any credit terms and arrangements extended to a purchasing party in the event that [1] the purchasing party fails to pay for any goods or services previously or [2] in the sole judgment of Borescopes-R-Us the purchasing party has had a adverse change in the financial abilities and payment terms will not be met.  Upon such a determination, Borescopes-R-Us has the right to demand payment prior to shipment of goods or services being performed.

Taxes and Other Fees

In addition to the purchase price the purchasing party will pay all applicable sales taxes and similar charges imposed by governmental agencies and entities.   The purchasing party shall pay for any special expediting and handling for any goods.  All orders placed for goods will have shipping and handling fees.

Purchasing parties that are tax exempt must provide Borescopes-R-Us with the proper documentation to process their tax-free request.

Default Orders

If the purchasing party requires that Borescopes-R-Us delay shipping on an order or custom order the purchasing party shall be charged a storage fee of $10 per day.  In the event of a cancellation by the purchasing party, after acceptance of its Purchase Order, Borescopes-R-Us will be entitled to damages for cancellation up to the purchase order price plus attorney’s fees expended in the collection of such amounts.  In addition, storage fees and interest from the date of cancellation shall be entitled to Borescopes-R-Us.  The Customer shall be charged $250.00 for each check that is returned to the company for lack of sufficient funds.

Payment Failure and Legal Notice

Failure to make any payment when due will cause the entire amount of the unpaid balance to become immediately due and payable.  Borescopes-R-Us may, upon default of the purchasing party in payment [1] apply a service charge at the rate of ten percent (10%) per month on the unpaid balance and / or [2] remove the product and hold it or sell it at public auction or private sale, it being understood that Borescopes-R-Us is permitted to purchase at any public sale.  If the unpaid balance plus interest and / or service charges is not satisfied from the net proceeds of the sale (after deducting reasonable removal, storage, taxes, and attorney’s fees and other ordinary or necessary expense incurred in connection with the payment failure) then the purchasing party shall pay on the demand and such deficiency as liquidated damages for breach of contract.

The purchasing party grants Borescopes-R-Us a security interest in the products and any proceeds (including accounts receivables) as security for its obligation and will execute any document require to protect its interest.

The transaction is deemed to have been made in Montgomery County, Tennessee and shall be the construed in accordance with the laws of the State of Tennessee.  All of the controversies, disputes and claims arising out of relating to this transaction, or the breach of this document, shall be adjudicated by a court of competent jurisdiction of Montgomery County, State of Tennessee, or in the Federal District Court.  Purchasing Party herby waives any objection that it may have regarding the personal jurisdiction or venue of any of the aforesaid courts, as well as any claim that the forum is inconvenient or should be transferred.

Buyer agrees to pay any and all reasonable court, legal fees, and expenses incurred by Borescopes-R-Us resulting from all controversies, disputes or claims which are adjudicated or settled favorable to Borescopes-R-Us.  Purchasing party agrees to pay all expenditures incurred by Borescopes-R-Us in any attempt to collect amounts due.

Shipping Terms

The ‘Shipping and Handling’ charges that appear on the invoice may not reflect the actual cost of shipping the product.  All order will reflect a ‘shipping’ charge.   All claims for breakage or damages during shipping should be made directly to the carrier.  Borescopes-R-Us will not be held liable for any delay in delivery of products due to causes beyond the control of Borescopes-R-Us.

Inspection and Receiving of Products

All products have been thoroughly inspected by Borescopes-R-Us prior to shipping and must be inspected by the purchasing party upon receipt.  Failure to reject any delivery upon receipt shall constitute acceptance of that delivery and shall be deemed a waiver of any other right to reject or revoke acceptance.  ALL claims arising from overage, shortage, defective or damaged products shall be made within three (3) days of receipt and should reference the original purchase order.   All original containers and packing materials must be used when returning products for repair or exchange.  If the original material is not available then packing material of the same quality must be used.  No refunds will be made.  Equipment returned without pre-approval will be refused and not refunded.

Limited Warranties and Repairs

Except for the limited warranties set forth below, Borescopes-R-Us makes no, and disclaims all representations and warranties, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, concerning any product, service, any patents, or technology used or included in or with any product or service.  All guaranties, warranties, conditions and representations whatsoever, either expressed or implied, whether arising under any statue, law, commercial usage or otherwise, are herby expressly excluded.

Representations and warranties made by any person, including dealers or representatives of Borescopes-R-Us, which are inconsistent or in conflict with the terms of this warranty, shall not be binding upon Borescopes-R-Us, unless reduced to writing and approved by an authorized officer of Borescopes-R-Us.

Purchasing party acknowledges and agrees that Borescopes-R-Us shall not be responsible for any damages that the purchasing party or their representatives may incur from the delayed shipment, product failure, product design or production or from any other cause, whether liability is asserted in contract or tort ( including negligence and strict product liability).  In no event shall damages of any kind, including without limitation loss of profits or loss of use.  Borescopes-R-Us’ liability under this limited warranty shall be limited to the repair or replacement stated below, and in no event shall be greater than the purchase price paid by the purchasing party.

Subject to the above exclusions and upon the conditions stated below, Borescopes-R-Us warrants that the products sold shall be free of defects in workmanship and materials, unless specifically stated on the invoice, under normal use and service for a period of 90 days (ninety days).  This warranty extends to the original Purchasing Party and no others.  If any product should prove to be defective during the said period, other than defects specially stated on the invoice, the purchasing party must return the defective product to Borescopes-R-Us.  Borescopes-R-Us agrees, at its option, either [1] to repair of [2] to replace with an equivalent product and defective product, provided that Borescpes-R-Us’ investigation and factory inspection disclose that such defect was not a result of any of the enumerated items listed under Exclusions to Warranties. Borescopes-R-Us may use reconditioned, refurbished, and / or serviceable used parts for warranty or other repairs.  All shipping and handling charges shall be paid by the purchasing party.

Warranty Exclusions

Excluded from this warranty and not warranted by Borescoepes-R-Us in any fashion, either expressed or implied, are: defects and damage to products resulting from wear, tear, misuse, negligence, improper storage, transit, non-performance of scheduled operator and equipment maintenance items, battery leakage, or use of non-approved accessories, consumable, or supplies, software programs, and consumables, including but not limited to batters.  110v equipment for USA customers.  If ordered for any other country outside the USA on voltage other than 110v, your purchase is made at your own risk!  No warranty due to possible risk of damage operating on other voltages.  Borescopes-R-Us provides no warranty for borescopes, rigid scopes, videoscopes, parts, accessories or light source that exhibit physical damage or that falls under any of the following exclusions: borescopes, rigid scopes, videoscopes, parts, accessories or light sources that packaged or shipped outside Borescopes-R-Us’ packing and shipping guidance.  Borescopes, rigid scopes, videoscopes, parts, accessories or light source damaged during installation or removal(such as broken connectors, broken pins, broken seals, holes, cut or tears in rubber or metal sheathing or any other part of the product, Minor / Major fluid invasion, acts of God); borescopes, rigid scopes, videoscopes, parts, accessories or light source damaged by environmental conditions (such as corrosion or staining).  Borescopes, rigid scopes, videoscopes, parts, accessories or light source purchased through unauthorized or foreign distribution channels.

Any product which has been disassembled, repaired, tampered with, altered, changed, or modified by any person(s) other than Borescopes-R-Us personnel.  Any borescopes, rigid scopes, videoscopes, parts, accessories or light source that has been defaced, such as label alterations, serial number missing, serial number no longer discernable, serial number invalid, labels being removed or destroyed.

Rentals

All rental instruments must be paid for in advance, including shipping fees.

The rental agreement will start when the unit has arrived at the Renter location and will end when the equipment is received at Borescopes-R-Us facility.

Renter agrees to inspect and verify the functionality of the equipment upon receipt and to notify Borescopes-R-Us of any damages, malfunction, or missing components so that appropriate measures can be taken. The equipment shall remain, at all times, the property of Borescopes-R-Us unless a sales agreement is negotiated for purchase of the equipment separate from the rental agreement.

Borescope-R-Us makes no warranties; express or implied, as to the equipment rented.  The Renter assumes the responsibility for the condition of the equipment.

The Customer assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to Borescopes-R-Us in the condition received, with the exception of normal wear and tear. The Company or their appointed agent will determine normal wear and tear. All determinations made by Borescopes-R-Us are final.

The equipment may only be used and operated in a careful and proper manner.  Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.  Borescopes should not be used in hazardous environments including areas where there is risk of electric shock or explosion.

The renter agrees to pay additional rental on equipment at the agreed daily rate each day, beginning on the designated return date that equipment has not been delivered to Borescopes-R-Us.

Regardless of cause, the renter and its employees or agents waive the right to make any claim against Borescopes-R-Us for loss of anticipatory profits, or any other indirect, special, or consequential damages. Additionally, renter and its employees or agents waive any right to make any claim against Borescopes-R-us for damages resulting from misuse of the equipment or for personal injury resulting from use of the equipment.

The Renter shall pay all costs required to maintain the equipment in good operating condition. Such costs shall include labor, material, parts, and similar items.  Not to exceed 85% of cost on comparable new equipment.

At the end of the Rental period, the Renter shall be obligated to return the equipment to Borescopes-R-Us at the Renter’s expense. Any freight, insurance or customs charges related to the rented equipment incurred during or at the end of the rental will be billed to the Customers account.

Issue Date: November 1,2007

Revised December 15, 2008