LookingPoint Quote Terms and Conditions
General. This quote constitutes the confidential information of LookingPoint. It is provided for the benefit of the client only and shall not be provided to any third parties.
Limitation of Liability. Under no circumstances shall company, or its respective officers or agents, be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including negligence, loss of business, revenue, profits, use, data or other economic advantage (even if they have been advised of the possibility of such damages) and even if such damages were foreseeable, arising from the use of or inability to use the client’s or customer’s system and/or components; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance. In no event shall any liability exceed the amount invoiced under the applicable order. The customer agrees to indemnify and hold LookingPoint harmless from any claims, losses, or liabilities arising from their failure to comply with applicable tax laws and regulations.
Licensing, SaaS and Calling Agreements. Initial billing for recurring agreements will start once service is activated, regardless of installation status. The initial term of the agreement is stated in the quote and there will be no early termination, the remaining contract value will be assessed for cancellations. All subscriptions will auto-renew, are subject to pricing changes and a true up based on actual usage. All overages and toll free calling will be billed based on usage the following month. For Global Call Me (1) and Global Toll Free (1) Committed Rates Cisco Committed Rates apply. Manufacturer Terms of Service shall govern your use of the features and functions provided in the Service (Click partner to see Terms):
Payment Terms. Payment terms are subject to credit approval. All hardware, software and licensing will be invoiced when shipped.
Credit Card Payments. A service charge equal to 4% will be applied to all credit card transactions.
Late Payments. A service charge equal to 18% APR will be assessed each month on all amounts past due 30 days or more until paid.
Shipping. All shipping is FOB: ORIGIN. All shipping charges are estimated based on requested class of shipping (Next Day, Second day, etc.). Taxes, handling and other fees may apply.
Taxes. All prices are based on U.S. dollars. Customer shall be solely responsible for the payment of all taxes, including any interest and penalties, in connection with the purchase, including but not limited to any sales, use, excise, value-added taxes (“VAT”), consumption, and other taxes and duties assessed on the, except if Customer provides the Company with a tax exemption certification acceptable to all relevant taxing authorities. LookingPoint makes its best effort to access and charge applicable taxes on products and services as required by the relevant tax laws and regulations. The ultimate responsibility for compliance with tax obligations lies with the customer and customer acknowledges that they are responsible for ensuring compliance with their tax obligations and any additional taxes that may be assessed. The customer agrees to indemnify and hold our company harmless from any claims, losses, or liabilities arising from their failure to comply with applicable tax laws and regulations.
Returns. Factory sealed returns are subject to OEM T&Cs and approval. Customer is responsible for returning equipment within the return window as described in the RMA instructions, provided upon approval. All invoices related to this quote must be paid within terms. A Credit Memo will be issued once the credit is received by LookingPoint, and 25% restocking fee will be applied. The process can take anywhere from 30-90 days. VMware, APC and Microsoft are non-returnable. If there is a line item discount on the quote, a credit for the amount paid for the returned product(s) after deducting the proportional discount.
Order Cancellation Policy. Cisco, Meraki, VMware, APC and Microsoft orders will be non-cancellable and cannot be modified starting 45 days prior to the current estimated ship date. Non-cancellable orders are not eligible for RMA credit and are not eligible for an RMA exception
Conflicting Terms. The above terms prevail over any conflicting or additional terms referred to in any Purchase Order, quote or similar communication between the client and LookingPoint. Purchase Orders issued by the client shall be deemed to incorporate these Terms except where the client and LookingPoint have expressly agreed in writing to variations thereto.
