End-User License Agreement
Terms and Conditions
The standard Terms and Conditions of sale contained herein, govern the sale of products purchased here under and prevail over any conflicting or inconsistent terms and conditions on any purchase order submitted by Buyer. The terms and conditions contained herein constitute the entire agreement between the Buyer and InTu Mobility, LLC. (“Seller”) and may only be amended in writing and signed by both the Buyer and Seller. Buyer agrees to all terms and conditions by accepting delivery of the products and/or services. Any claims for shortages must be made within five business days of the delivery date
Payment Terms; Taxes; Freight and Fees
Invoices are due and payable in U.S. dollars within 20 days of the date of invoice. Sales tax within the United States is determined by the ship-to location. For shipments outside of the United States, the Buyer is responsible for all customs duties, VAT, and other local taxes. The terms of delivery are FOB Seller’s warehouse unless stated otherwise on the invoice. Seller will charge a $25.00 service charge for any check or draft returned unpaid. Late payments are subject to the lesser of a 3% monthly interest charge or the maximum amount permitted by applicable law. In the event of non-payment more than 60 days beyond terms, the Buyer will be responsible for all of the Seller’s costs of collection, court costs, filing fees, and reasonable attorney’s fees.
Return Merchandise Authorization Policy (RMA)
All returns must be authorized by Seller’s issuance of a return merchandise authorization (RMA) number. Returned items will only be accepted within 30 calendar days of the original date of shipment. All products must be returned 100% complete in the original packaging. Incomplete returns are subject to a reboxing fee (billed separately) or refusal of return.
Please ship returns “freight prepaid” and reference the RMA number on the mailing label. Returns may be subject to a 20% restocking fee. Software, customized hardware, labels, ribbons, and other forms of media are non-returnable. Returns received after the 30 days or without a valid RMA number may be refused and/or returned to the Buyer. Buyer may be billed and liable for return freight charges.
Buyer and Seller agree that any disputes in connection with this sale shall be brought to a court site in Larimer County, Colorado. The Seller and Buyer agree that Colorado law shall apply.
Limitation of Liability
In no event will Seller, its subsidiaries, associated companies, or officers, directors, or employees be liable to Buyer, regardless of the form of claim or action, in an amount that exceeds the total purchase price paid to Seller by Buyer related to the sold product. In no event will Seller, its subsidiaries, associated companies, or officers, directors, or employees be liable to Buyer for special, consequential, exemplary, incidental, or indirect damages or costs, or loss of goodwill or profit in connection with the supply, use or performance of, or inability to use the products or services of Seller or in connection with any claim arising from this agreement, even if Seller, its subsidiaries, its associated companies, or Seller’s licensors have been advised of the possibility of such damages or costs.
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.