CBT Purchase Terms & Conditions
The terms and conditions specified below are an integral part of the Sales agreement and apply to the purchase of IT and Telecommunications equipment. Terms of Payment: Buyer agrees to pay Cady Business Technologies of Plymouth, Minnesota, the purchase price for the system as agreed to on the sales contract.
Cady Business Technologies warranties the equipment to be free from defects in materials and workmanship for the period as indicated on front side of Sales Agreement from the date the system was placed into service. While the system is in warranty, the customer agrees that if the system is to be sold, moved or modified in anyway, such work will be done only by Cady Business Technologies personnel at billing rates in effect at the time of such change. (See Extraordinary Customer Responsibilities) Additionally, Cady Business Technologies reserves the right to suspend warranty provisions if terms of warranty are not followed. This warranty does not apply when the equipment has been subjected to misuse, neglect, accident, tampering, incorrect wiring or hookup not done by Cady Business Technologies personnel, acts of God, such as lightning or storm damage, but not limited thereto, or when it has been used in violation of the instructions as furnished. Calls for warranty beyond our normal working day schedule, as well as holidays and weekends, will be billed to the customer at our labor rate currently in effect at the time of the call for overtime. The normal working day is defined as 8:00 A.M. to 4:30 P.M., Monday through Friday.
Exceptions to Warranty:
FOR FOREGOING WARRANTY IS EXCLUSIVE AND IS MADE IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES. CADY BUSINESS TECHNOLOGIES HAS NOT MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY EXPRESS OR IMPLIED WARRANTY AS TO THE MERCHANTIBILITY, FITNESS FOR ANY PURPOSE OR USE, DESIGN, OR CONDITION OF THE EQUIPMENT OR AS TO ANY OTHER MATTER WHATSOEVER BEYOND THAT WHICH IS DEFINED HEREIN.
On those systems listed on the reverse side which contain components with warranties of less than one year, the specified warranty of the manufacturer will apply.
Extraordinary Labor Expense:
The installed purchase price is based upon installation of the new system during regular weekday working hours. At the Customer’s discretion certain elements of the installation can be performed after normal working hours if the customer determines that after hour’s installation would be in their best interest. If the Customer requests the overtime labor, the premium portion will be billed separately to the customer. The base hourly charge will have been covered in the original installation contract.
If it is determined by both the customer and Cady Business Technologies that additional training beyond the usual and customary for the system administrator is required, the additional training will be billed separately to the customer at Cady Business Technologies prevailing labor rates.
Extraordinary Customer Responsibility:
In the event the customer has elected to: A) make any or all softwaredatabase programming modifications, changes, deletions, or additions to the installed system as listed on the Sales Agreement, the customer accepts sole responsibility for the operational performance and integrity of the system’s database as installed and programmed by Cady Business Technologies. Additional labor expenses incurred before, during , or after the installation period as required by the customer for database training on-site or off-site, database consultation, or technical service or support required for database repair and/or replacement will be billed to the customer at Cady Business Technologies prevailing labor rates; or B) make any or all physical hardware alterations including moves, adds, changes, or deletions to the installed system listed on the Sales Agreement or equipment purchased by the customer which is located on the customer’s premises. Customer assumes the sole responsibility for the operational performance and integrity of the equipment moved, added, or relocated by the customer at their premises. Therefore, additional on-site or off-site technical training, consultation, support, or service requested by the customer directly related to the change or addition made by the client will be billed at Cady Business Technologies prevailing labor rates.
Buyer grants to Cady Business Technologies a uniform commercial code security interest in the system described in the Agreement, wherever located, and all accessions to and proceeds of the system as security for payment of any unpaid balance due under the contract. Buyer covenants that buyer is acquiring the system free of all lines, encumbrances and security interests, except that of Cady Business Technologies.
Title on Cash Sale:
Buyer agrees that title to the system remains with Cady Business Technologies when the buyer purchases pursuant to the cash sale terms of payment until the final payment is made. Buyer agrees to cooperate and complete whatever documents may be necessary to create and perfect the security interest, if any, where a balance will remain due to Cady Business Technologies subsequent delivery of the system.
If default occurs in the payment of principal or interest when the same become due, or in the event of any failure to comply with any of the terms, covenants, or conditions of this Agreement, the entire unpaid balance, together with interest, shall at the option of Cady Business Technologies become at once due and payable without any notice whatever (notice being herein waived). Such option may be executed at any time after default.
The unpaid balance shall automatically mature and become immediately payment in the event any buyer, surety, endorser, or guarantor becomes the subject of bankruptcy or other insolvency proceedings.
Upon any incidence of default, Cady Business Technologies shall have all rights and remedies allowed under the Uniform Commercial Code.
Liability for Equipment and Service:
Acceptance of this Agreement constitutes an agreement by the buyer to accept responsibility for the care and welfare of all materials delivered to the buyer before the work is completed on the job site.
Damage or losses to the equipment after delivery caused by but not limited to buyer’s personnel, site conditions, acts of God, or other contractors are the responsibility of the buyer. Cady Business Technologies recommends prompt notification to your insurance company of your purchase. Additionally, we recommend that you secure from each other contractor working in your facility proof of insurance coverage to protect you against loss should trade contractor damage you telephone switching system.
Acceptance of the Agreement also represents agreement by the buyer to hold Cady Business Technologies, its staff, officers, and stockholders harmless for any losses or damages of any short which result from utility service interruption during cut-over or installation, maintenance, equipment failure, incorrect line termination provided by the servicing common carrier, or delay in rendering the system operational.
In addition, the buyer is deemed to have granted permission to Cady Business Technologies to modify the structure of the premises in order to install the system, to hold Cady Business Technologies harmless for any changes or damages as a result of such modification. The buyer grants Cady Business Technologies the rights of ingress and egress, or if unable to grant such rights, consents to hold Cady Business Technologies harmless for any acts of ingress or egress arising out of the installation or removal of the system.
Telco / Long Distance Carrier Charges and Services:
The Federal Communications Commissions in Part 68 regulations, defines that a connectorized type of demarcation (jack) will be provided to separate the purchased privately-owned system from the utility company outside lines. Cady Business Technologies, as a courtesy, will fill out all of the necessary documents to order the proper interface jack to connect with the system in this Agreement and gives Cady Business technologies express permission to order this jack on buyer’s behalf with the understanding that all such charges associated with this jack’s installation are to be borne by the buyer. Such charges are filed in public tariff filings with the Public Service Commission by the local serving utility company. In addition, Cady Business Technologies will, at the buyer’s request and authorization act as a liaison between the local telco and/or long distance providers for the expressed purpose of “coordinating” the removal, addition, or relocation of telephone lines, circuits, or services thereof as disclosed to Cady Business Technologies. The re-occurring billing and the accuracy of such billing from those vendors remain the sole responsibility of the buyer and not Cady Business Technologies.
Cady Business Technologies will pre-arrange with the utility company supplying the outside lines for a scheduled cut-over time. Failure of the outside facility to maintain the scheduled cut-over time could result in Cady Business Technologies incurring additional labor charges which will be billed to the buyer at the prevailing hourly wage.
It is the buyer’s responsibility to provide suitable electrical power receptacles and circuits to provide power for the equipment listed in this agreement. If a new circuit or receptacle is being installed to accommodate the equipment in this Agreement, it is the buyer’s responsibility to certify through his licensed electrical contractor that the circuit provided is of the proper voltage and current-carrying capacity. Cady Business Technologies is not responsible for checking AC power circuits to certify their correctness.
Any charges for damage which results from our connection to improperly supplied circuit voltages, connections, or inadequate grounding will be the responsibility of the buyer. The buyer is additionally advised that computerized telephone systems may be sensitive to electrical noise which is carried along the power circuits into the telephone switching equipment. If circuits separate from those which possess noise, or if filters are required, it will be the responsibility of the buyer to pay for such circuits and filters as may be required.
Other Vendor Responsibilities:
Other vendors are described as other companies or representatives who are providing equipment or services at the customer premises. Such vendors/companies may provide, but are not limited to, data companies, telephone companies (local and/or long distance), alarm, sound cable, electrical, consultants, contractors, call accounting, property management, hardware, or software providers.
Cady Business Technologies, if requested, will make prescheduled arrangements for coordinated due dates with other vendors. Failure of the outside vendor or company to meet scheduled deadlines could result in Cady Business Technologies incurring additional labor costs which will be billed to the customer at Cady Business Technologies prevailing labor rates.
Cady Business Technologies shall not be responsible for, and the customer shall hold Cady Business Technologies harmless against, any remedies resulting from the failure of other vendors to provide adequate levels of service, support, and against any operational or performance claims of other vendor’s equipment or service. Furthermore, it shall be the responsibility of the customer and/or the other vendor to verify the necessity of additional equipment or configuration for the operation of their service. Any additional equipment, modifications in hardware or software, or engineering necessary for the performance of the other vendor’s equipment or service shall be billed to the customer at Cady Business Technologies prevailing time and material rates.
For applications requiring client software to be installed on customer provided PC’s, Cady will install (1) application with the customer for training purposes. Remaining applications will be the customer’s responsibility to install.
The buyer is advised that Cady Business Technologies sales representative will confine his attentions only to those circuits which process signals through the telephone system that is being replaced. Data circuits, computer terminals, work processing circuits, broadcast circuits, special ringdown circuits, and other circuits which are not disclosed to our representative as being connected to the telephone system at the time of survey may result in system cut-over delays. Our Agreement includes only those circuits which are connected to the telephone system for incoming and outgoing calls, as defined specifically on our quotation page, and which the buyer has made known to us. Extra charges to the buyer from the common carrier for rush work or overtime caused by failure to report to us the existence of these other circuits will be the responsibility of the buyer. These charges, and charges for jacks to accommodate these circuits, are billed from the common carrier direct to the buyer.
In the event the system is to be installed in a building with a plenum ceiling, the buyer agrees to pay the added cost of using Teflon or code approved cable if such provision is not clearly stated as part of the agreed system configuration. The requirement or non-requirement of Teflon cable is defined by Minnesota Fire Safety codes.
Please contact us for further explanation or with any questions.