Tickercom (“we”, “our” or “us”) provides complete display solutions for digital signage and LED signage (collectively “Products and Services”). You have agreed to purchase these Products and Services as evidenced by your execution of theTickercom Order (the “Order”).
The Order , these Terms and Conditions, and the Terms and Conditions of any third party’s Products and Services that we have integrated into our Products and Services to provide you with a complete display solution collectively constitute the “Agreement” that sets forth the legally binding terms for the purchase of the Products and Services. You agree to be bound by this Agreement and if you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Agreement, in which case the terms “you” or “your” shall refer to such entity.
We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on our website. You agree to be bound to any changes to the Agreement if and when you use the Products and Services after any such modification is posted.
Charges and Payment
Payment is due as per the Terms of your Order and if applicable you authorize Tickercom to automatically charge your credit card at such time as these payments come due. We accept American Express, Visa or MasterCard credit cards that have been issued in the U.S. and Canada and have a verifiable U.S. or Canadian billing address. Checks payable in U.S. currency should be made payable to Tickercom (302-791 Goldstream Ave, Victoria, BC Canada, V9B 2X5), for wire transfer information please send an email to email@example.com or call toll-free 1-888-884-2537.
Tickercom charges sales tax on all orders shipping within the U.S. or Canada. To claim exemption from these taxes you must provide a Sales Tax Exemption Certificate for the State or Province that the product is shipped to prior to shipment being made.
Tickercom reserves the right to refuse any Order. If payment is delinquent according to the Terms of your Order Tickercom may cancel this Agreement and/or cease all on-going Products and Services with or without notice to you. Overdue invoices are subject to interest of 1.0% per month, plus all expenses of collection.
Term and Termination
The term of this Agreement begins upon the Order Acceptance Date (“Term”), effective upon execution of your order, and continues in perpetuity, unless terminated by either party.
You may terminate the Order for any or no reason, without liability, within five business days of the Order Acceptance Date.
Thereafter, but prior to shipment of your Order, as determined by us, and if your Order excludes custom Products and Services, as determined by us, you may pay a termination fee equal to 25% of the total Order, less taxes, and terminate your Order. At which point we will refund any prepayments you made up to that point less the aforementioned termination fee. If your Order contains custom Products and Services, as determined by us, you cannot terminate the order for any reason. Once your Products and Services have shipped you cannot terminate the Order for any reason.
Upon installation of your Products and Services and thereafter, you may terminate this Agreement by providing written notice of same and ceasing to further use any Products and Services provided. We are under no obligation to refund any unused portion of Products and Services purchased should you do so.
We may terminate this Agreement upon the renewal of any Products and Services provided or for failure by you to pay for same as per our payment terms.
Shipping and Handling
Shipments are fully insured. Upon delivery, it is your sole responsibility to inspect the packages to ensure the items are not physically damaged. Do not sign the delivery acceptance until you have inspected the package and you are certain that there is no physical damage. If there is visible damage, inform the driver and refuse delivery. Then notify us immediately at 1-866-770-1150. By signing for the delivery, you are legally accepting the shipment and confirming that it is in good condition, and you cannot dispute charges for a physically damaged unit once it has been accepted. Concealed damages must be reported within 24 hours of delivery. Upon receiving your shipment, please open, examine and test your unit immediately to ensure no concealed damage has occurred. You will be deemed to have accepted the goods and Tickercom will not be held responsible for concealed damages not reported within 24 hours of delivery.
YOU ARE RESPONSIBLE FOR THE RECEIPT OF ALL SHIPMENTS TO YOU AND THE SUBSEQUENT SAFE HANDLING, SECURE STORAGE AND REPLACEMENT OR REPAIR IN THE EVENT OF LOSS OR DAMAGE OCCASIONED BY YOUR ACTIONS OR FAILED RESPONSIBILITIES.
All shipments are F.O.B. Las Vegas. If you delay shipment and/or receipt for more than sixty days from the originally scheduled ship date as defined in your Order, you agree to pay the full balance due with storage fees at the rate of 5% of the total Order price or $750, whichever is greater, until the Order is shipped.
Installation services unless otherwise noted, will be provided between the hours of 8:00am to 5:00pm local time, Monday through Friday, holidays excluded. Installations at any other time are, subject to additional charges and are not included in the purchase cost unless specifically noted in the Order. Installation Services do not include pre-installation site meetings, unless specifically noted in the Products and Services Summary.
From time to time specified products may become discontinued or their delivery delayed such that the installation schedule may be adversely impacted and as such we reserve the right to make substitutions so long as the substituted products meet the system performance requirements contained in the Order.
Installation, if ordered, includes on-site installation of the Products and Services by our installers, or if union labor is required by you, such union labor is to be provided by you and at your expense, the installer will instruct and direct the union labor to complete the installation.
You are responsible for (a) the installation of any equipment, software and communication infrastructure supplied by you and if our Products and Services fail to operate with same for whatever reason, it is your responsibility to diagnose and correct the issue or instruct us to do so at which time we will complete this work at our then current rates, such charges to be mutually agreed to in advance, (b) installation of display mounting structures and surfaces including the reinforcement of existing walls to support the total weight of the displays and related hardware, (c) approved drilling and mounting locations for ceiling mounted installations, clearly marked, in accordance with all applicable building codes, (d) all necessary permits to conform to applicable building codes and regulations, (e) union labor, taxes and any other site related costs, fees or service charges, (f) rental of lift equipment or any such additional equipment required for installation, (g) installation of power, network, cable TV and video cable connections including junction boxes, conduits and floor boxes, and (h) setup of third party data and any associated data provider exchange and display fees.
If we are unable to install the Products and Services purchased, either on-site or remotely, as scheduled because of events outside of our control, including, but not limited to: changes by you; union labor delays; power, computer hardware, network setup or data which are not available or functioning, we will charge, and you agree to pay for, all additional time at our then current hourly rate plus additional travel and out-of-pocket expenses if applicable to make such Products and Services functional.
Limited Warranty and Service Plan
Your Products and Services have a Limited Warranty to be free of defects for a period of two years from the date your order was shipped. Furthermore, you shall be entitled to the warranties of any third party’s Products and Services that we have integrated into our Products and Services. Warranty service for defective installation and integration shall be handled in a reasonable and timely manner. During the warranty period, the Products and Services ordered and provided will conform to Tickercom specifications, drawings, or samples, and will be free from defects in material and workmanship. This limited warranty will not apply if the failure was caused by any accidents, alterations, abuse, or misuse of products, or by the acts or failure to act of any person or persons other than Tickercom, its employees, agents, or contractors. Except for this warranty and the statutory warranty of title, Tickercom MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO PRODUCTS AND SERVICES ORDERED. Any repair work done except as authorized by Tickercom voids any and all warranties and Tickercom will not be liable for any costs or damages relating thereto.
The Limited Warranty and extends only to uses for which the installation was designed. They specifically exclude: (a) remote troubleshooting and on-site service of anything not include in your Order, (b) failures that are the result of improper use of Tickercom Products and Services, such as, but not limited to, use of incorrect line voltages, use of incorrect breakers, use of incompatible software, devices or accessories, improper or insufficient ventilation, failure by non-Tickercom personnel to follow installation and operating instructions, accident, misuse, or abuse of the hardware, (c) willful damage, (d) acts of war or terrorism, (e) virus and or spyware infiltration of data or third party software, (f) an act of God such as, but not limited to, lightning, flooding, tornado, earthquakes, fire, and hurricanes, (g) individual pixel failures or normal degradation of LED’s over the life of the display, (h) burn in or image retention on LCD or plasma displays, (i) union labor fees, (j) rental of lift equipment or any such additional equipment required to perform service, (k) preventative maintenance, installation, de-installation, or relocation services, (l) repairs necessitated by third party software problems, or as a result of alteration, adjustment, or repair by anyone other than Tickercom personnel, or the moving of the software or hardware from one location or computer to another (m) costs incurred due to failures or delays in performance due to any cause beyond Tickercom’s reasonable control.
Under no circumstances will either party be liable to the other party (including any of such party’s affiliated or associated entities or agents) for any incidental, indirect, exemplary, special or consequential damages, or for loss of profits or revenue, in any way arising out of or related to this Agreement, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if a representative of such party has been advised of the possibility of or could have foreseen such damages. The liability of either party for damages or alleged damages, whether in contract, tort (including negligence) or any other legal theory, is limited to, and will not exceed the fees paid by you under the Agreement.
If any provision of the Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such provision shall not affect the enforceability of such provision under other circumstances, or the remaining provisions hereof or the Agreement under all circumstances.
The Agreement and any disputes or matters arising under, in connection with, or relating to the Agreement, shall be governed by and construed in accordance with the laws of the province of British Columbia. Each of the parties hereto irrevocably attorns to the jurisdiction of the province of British Columbia and further agrees to commence any litigation that may arise hereunder in the province of British Columbia.
Each party will be responsible for complying with all applicable governmental regulations of any country having jurisdiction with respect to the use of the Products and Services they have purchased or licensed, including, but not limited to import and export restrictions, obtaining any necessary consents and registering or filing any documents. Each party shall bear their own costs associated with such compliance. Each party shall defend, indemnify and hold the other party harmless from and against any and all claims, judgment, costs and expenses, including reasonable attorneys’ fees, arising out of the noncompliance with applicable governmental regulations, statute, decree or other governmental obligation with respect to the products they purchase or license hereunder.
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