Terms of Sale
TStandard terms and conditions of sale, which apply to the sale of all products distributed by Latitude Technologies Corporation. Please contact us at sales@latitudetech.com for a copy of our full sales agreement.
Recommended Use
Our products are intended for use in remote asset tracking, routine and anomaly event reporting, and asset logistical and operating performance data monitoring and reporting. Our products are not intended for use under water without approved watertight enclosures or in artificial or other operating environments substantially dissimilar to natural operating environments on earth from sea level to 60,000 feet.
Specifications, Installation and Site Conditions
Our products will operate in substantial accordance with the instrument specifications set out in the product documentation if properly installed, operated, and maintained in accordance with specifications, installation instructions, and operating instructions described in the product documentation.
Software Components
Our products contain embedded firmware programs and software applications. We strictly prohibit any attempt to reverse engineer, decompile, create other works from, or disassemble our product firmware and software applications.
Product Warranty
We warrant all products we manufacture against defects in materials and workmanship for a period of one year from the date of factory sale. During the warranty period, we will, at our option, either repair or replace products that prove to be defective.
The Purchaser will prepay shipping charges for products returned to Latitude for warranty service and we will pay for return of repaired or replacement products to the Purchaser.
This warranty does not apply to damage resulting from:
- Improper or inadequate maintenance by the Purchaser or its employees, agents, and contractors;
- Installation or attempted installation of Purchaser-supplied software;
- Unauthorized modification or misuse;
- Operation outside of the published environmental specifications for the product;
- Improper installation, where applicable.
No other warranty is expressed or implied. We specifically disclaim any and all implied warranties of merchantability and fitness for a particular purpose.
No Latitude employee, sales representative, distributor, reseller, dealer, or other party is authorized to expand or alter any portion of any Latitude product warranty, and any such representation will not bind or commit Latitude.
Product warranty for all products manufactured by others and distributed by Latitude will be solely the warranty provided and supported by the original equipment manufacturer.
Limitation of Liability
We will not be liable for claims made by the Purchaser or the Purchaser’s employees, agents, and 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 our warranty claim procedure.
Not to limit the foregoing, in no event will Latitude be responsible or liable to the Purchaser or its employees, agents, and contractors for personal injury, for indirect, special or consequential damages or losses, or claims for lost profit, loss of opportunity, or business interruption.
The Purchaser acknowledges and agrees that our entire liability, whether based in contract, in tort, or otherwise, to you for any reason relating to our products will be limited to the obligations set out above and for an amount of money equal to the monies paid by the Purchaser to Latitude for the specific product.
Acceptance
All orders placed by the Purchaser are subject to acceptance by Latitude and, in the absence of a separate quote by Latitude, all products and services will be sold at our current suggested selling prices. Customs, duties, sales and local use or goods taxes will be extra and will be paid by the Purchaser to Latitude. Delivery of all product orders is F.O.B. at our factory doors in Victoria, British Columbia, Canada. All risk of loss or damage will pass to the Purchaser upon delivery of possession of the product shipment to the Purchaser or its agents or representatives at Victoria, British Columbia, Canada.
Credit
We retain all rights to set prices, set terms and conditions of purchase, and set order placement and delivery processes. In the event that the Purchaser requests credit terms from us, the Purchaser will agree and consent to our obtaining such credit information on the Purchaser from third parties as we may require. In accepting credit from Latitude, the Purchaser agrees to pay all interest on overdue amounts that may be owed to Latitude from time to time at our current published interest rate for overdue accounts.
