Latitude’s standard Terms and Conditions of Sale apply to the sale of all Products and Services distributed by Latitude Technologies. By proceeding with the purchase of our Products and Services, the Customer confirms and accepts our Terms and Conditions of Sale For a copy of our complete Terms and Conditions of Sale, please click below.
Our Products and Services are sold for use in remote asset management, event-handling, geographical location tracking, and performance data reporting. Products and Services are not intended for any applications where Products failure or Services disruption may result in loss of human life or personal injury, or for security applications.
Our Products will operate in substantial accordance with the instrument specifications set out in the Product’s documentation, if properly installed, operated, and maintained in accordance with the site specifications, installation instructions, and operating instructions described in Products documentation.
We will not be responsible for installation work or the cost of installation of Products purchased by the Customer. The Customer will arrange for and will be responsible for all costs of installation of Products.
If Products that the Customer is purchasing contain separate computer software or embedded programs (firmware), the Customer agrees not to attempt to reverse engineer, decompile, create other works from, or disassemble our firmware.
Provided that our Products are operated in accordance with recommended use; are installed in accordance with the instructions on installation set out in Product documentation; and are not tampered, altered, or improperly accessed by the Customer; we warrant that our Products will operate in substantial accordance with the applicable instrument specifications set out in Products documentation and will be free of defect in parts and workmanship for a period of one (1) year from the date of purchase.
Latitude makes no other representations or warranties concerning our Products and there are no further express or implied representations, guarantees, or warranties. No Latitude employee, sales representative, distributor, dealer, or other party is authorized to expand or alter any portion of these warranties, and any such representation(s), unless in writing signed by an authorized individual, will not bind or commit Latitude. Where permitted by applicable law, the Customer hereby waives any implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
Latitude will not be liable for claim made by the Customer, the Customer’s customers, employees, agents, or contractors for loss, damage, or expense incurred due to, caused by, or relating to the use and operation of our Products other than a claim based solely on a breach of the warranty set forth above and made in accordance with the warranty claim procedure. Not to limit the foregoing, in no event will Latitude be responsible or liable to the Customer for personal injury, for indirect, special or consequential damages or losses, or claims for lost profit, loss of opportunity, or business interruption.
Services are provided on an on-demand basis and are subject to the availability of capacity on the applicable satellite network. Services may be temporarily unavailable or limited because of capacity limitations, network equipment failures, distress or any other emergency pre-emption as required by Latitude or Latitude’s Supplier or may be temporarily interrupted or curtailed due to modifications, upgrades, repairs or similar activities of the Supplier. Latitude has no liability for unavailability or malfunction of Supplier equipment and networks.
Subject to adjustment for excess actual charges, delivery of all Products to the Customer will be Incoterms 2010 EXW Victoria, British Columbia, Canada. Customs, duties, sales and local use or goods taxes will be charged separately. All risk of loss or damage will pass to the Customer upon delivery of possession of Products to the Customer or the Customer’s agents or representatives at Victoria, British Columbia, Canada.
If you have any questions about Latitude’s terms and conditions of sale, please contact our Sales Department at 1.888.966.5599, 1.250.475.0203, or firstname.lastname@example.org.