Terms and Conditions of Sale

These Terms and Conditions apply to the purchase of any products from Telemetry Solutions, Inc. By placing an order, you agree to be bound by the following terms and conditions. Any attempt to change or supplement this document will be null and void, unless otherwise agreed to in a written agreement by both you and TELEMETRY SOLUTIONS. The terms and conditions are subject to change without prior written notice at any time at Telemetry Solutions’ sole discretion. The section headings below are for reference only. If any term is found to be unenforceable, the remaining terms shall not be affected. All notices required or permitted in this Agreement shall be in writing in the English Language.

Definitions:

“TELEMETRY SOLUTIONS”, “we”, “us” and/or “our” mean: Telemetry Solutions, Inc.
“You” or “your” mean: the individual or organization on the invoice.

Specifications

The specifications of the order shall be provided to TELEMETRY SOLUTIONS by you within 30 days from the quote’s issue date. If no specifications were provided the order shall be cancelled.

Price

The price payable by you for the order is as set forth in the quote. The prices are in U.S. dollars and include sales tax, if applicable, and appropriate shipping to one location cost estimated by TELEMETRY SOLUTIONS. Multiple shipments will be subject to additional shipping charges. TELEMETRY SOLUTIONS is not responsible for pricing, typographical or other errors in any offer by TELEMETRY SOLUTIONS and we reserve the unilateral right to cancel any orders resulting from such errors. Customization is subject to additional cost.

Payment Terms

Terms of payment are within Telemetry Solutions’ sole discretion, and unless otherwise agreed to in writing by TELEMETRY SOLUTIONS, payment must be received by TELEMETRY SOLUTIONS before TELEMETRY SOLUTIONS’ acceptance of an order. Unless otherwise agreed, invoices will be sent electronically. Payments in currency other than U.S. dollars are not acceptable. In case payment by you is late, TELEMETRY SOLUTIONS will not accommodate your deadline. TELEMETRY SOLUTIONS reserves the right to not accept your order if the payment for your previous purchase was late. TELEMETRY SOLUTIONS highly recommends that you remit the payment by wire transfer. If you decide to pay by check, please make it payable to TELEMETRY SOLUTIONS, Inc. You will be fully responsible in case of lost, damaged, delayed mail under any circumstances.

Bank Surcharges

Any surcharges required to wire transfer payment to TELEMETRY SOLUTIONS shall be your cost. The amount TELEMETRY SOLUTIONS receives from you must be equal to the invoice amount. TELEMETRY SOLUTIONS reserves the right to collect balance payment from you in case the payment received was inadequate.

Duties/Taxes

Unless otherwise indicated on the invoice, you are responsible for paying all duties and taxes associated with your order.

Ship Date

The order shall ship 6 – 8 weeks after receipt of order with complete details and required payment. TELEMETRY SOLUTIONS customer support will notify the shipping date as soon as it becomes available.

Shipping and Risk

Delivery Term of the order is “Cost and Freight”. TELEMETRY SOLUTIONS shall not be responsible for any damage or loss during order shipment. TELEMETRY SOLUTIONS will not ship the order to PO box or use US postal service to ship your order. Loss or damage that occurs during shipping by a carrier used by you is your responsibility. Shipping dates are estimates. You must notify TELEMETRY SOLUTIONS of damaged or missing items from your order within seven (7) calendar days after you receive your product.

Order Cancellation and Refund Policy

All orders are customized and final. TELEMETRY SOLUTIONS reserves the right to determine the cancellation fees and/or amount of the payment for the cancelled order.

Warranty

TELEMETRY SOLUTIONS provides you with a wide array of coverage and support for your purchase for 1 (one) year from the date of sale. Please see below for details of TELEMETRY SOLUTIONS warranty agreement.

Limitation of Liability

TELEMETRY SOLUTIONS does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, for corrupted or lost data/software. TELEMETRY SOLUTIONS will not be liable for lost profits, loss of business or other special, indirect or punitive damages, even if informed of the possibility of such damages, or for any claim by a third party. You agree that for any liability related to the purchase of products or services, TELEMETRY SOLUTIONS is not responsible for any amount of damages above the original dollar amount you paid for the purchase.

Software

All software is provided subject to the license agreement that is part of the package you receive from TELEMETRY SOLUTIONS. You agree to be bound by the license agreement once the package is opened or its seal is broken. Title to software remains with the licensor of the software. TELEMETRY SOLUTIONS does not warrant any software.

IMPORTANT!

All software TELEMETRY SOLUTIONS provides you is compatible with Windows English Operating System. TELEMETRY SOLUTIONS is not responsible for making the software work on any other computer system or language.

Product/Service Offerings

TELEMETRY SOLUTIONS continually upgrades and revises its offerings. TELEMETRY SOLUTIONS may revise and discontinue products at any time without prior notice to customers. TELEMETRY SOLUTIONS will ship products that have the same or better functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building TELEMETRY SOLUTIONS products are selected from new parts. Spare parts may be new or like-new.

Not for Resale

You agree that you are buying TELEMETRY SOLUTIONS products for your own use and not for resale.

Governing Law

This Agreement and any sales hereunder shall be governed by the laws of the state of California.

Patents, Trademarks, etc.

TELEMETRY SOLUTIONS is not responsible for any infringement with regard to patents, utility models, designs, trademarks, copyrights, trade secrets or any other intellectual property rights in any country, except for the United States of America, in connection with the sales, use or delivery of the Products. In case any dispute arises in connection with the above right, TELEMETRY SOLUTIONS reserves the right to terminate unconditionally this Agreement or any further performance of this Agreement at TELEMETRY SOLUTIONS’ discretion.

TELEMETRY SOLUTIONS LIMITED WARRANTY AGREEMENT

TELEMETRY SOLUTIONS warrants that the Products shall be fully inspected prior to shipping. TELEMETRY SOLUTIONS warrants that the Products will conform to the specifications or quality expressly set forth in this Agreement for 1 year from the date of sale. TELEMETRY SOLUTIONS shall not be responsible for replacing lost or destroyed equipment delivered to you. All service work such as refurbishment or battery replacement retains its original manufacturer warranty. The warranty is not restarted or extended after a collar is refurbished.

Returning your products to TELEMETRY SOLUTIONS is not a guarantee of service. Every product returned is tested and examined to replicate the error and diagnose the issue prior to repair. Once it is diagnosed and deemed covered under warranty it will be repaired as soon as possible. Please note that if there is no defect found, TELEMETRY SOLUTIONS will be entitled to payment for the labor and the shipping cost to return the equipment back to you. Different problems require a varying length of repair and service and therefore TELEMETRY SOLUTIONS cannot guarantee a turnaround time unless the exact cause of the issue is known. Please be patient as your product goes through the service process. It is a priority to us to return your product as soon as possible in full working order.

TELEMETRY SOLUTIONS assumes responsibility of your products from the moment they are received until the moment they are shipped. As a courtesy, TELEMETRY SOLUTIONS will assist in the resolution of any transportation issue that may arise as best as possible with or without fees.

IMPORTANT!

Before returning the products,

Contact TELEMETRY SOLUTIONS customer support and request for a Warranty Service Request.
Make sure the magnets are in place and your GPS is turned off.
If you clear your calendar please email us a copy of the original tsc file or a detailed description of the programming.
Please clean and sterilize your collars prior to shipping them to us. Collars returned to us that are not cleaned will be subject to a cleaning fee equal to one hour of shop time per hour necessary to clean.
Failure to waterproof your equipment will void your warranty.
Each package should contain the products in need of repair, a copy of this form and any relevant supporting materials that may help us quickly identify the problem.

For international customers:

Please prepare shipping documents as follows to avoid unnecessary tax duties:

Do not enter purchased price in declared value.
Make sure to state that the commodities are being returned to the manufacturer for warranty repair so that it appears on the shipping label and all other shipping documents.

* In case tax duties incur for international shipment due to failure of following the steps above, TELEMETRY SOLUTIONS has the right to bill the same amount to you.

Shipping Instructions:

Each package should contain the products in need of repair, a copy of this form and any relevant supporting materials that may help us quickly identify the problem.

This warranty does not cover:

All accessories such as: Antenna, VHF receiver, PDA, or computer; which is provided as is under original manufacturer’s warranty.
All software, including the operating system and software added at the customer’s request
All accessories such as; Epoxy, USB Cables, RTV, USB plugs, CD-ROM, screws, bolts, nuts which are ancillary.
Damage caused by actions that are beyond Telemetry Solutions’ control, such as: impacts, liquids, fire, rain, lightning or other disasters such as: nuclear war, epidemic, alien occupation, or armed insurrection.
Product that has been damaged through misuse, abuse or mishandling, including the unauthorized modification of the system as a whole or any individual component and/or the attachment of peripheral devices.
Product that has been opened or disassembled by anyone other than Telemetry Solutions.
Product for which TELEMETRY SOLUTIONS has not received full payment.

TELEMETRY SOLUTIONS DOES NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY IN RESPECT OF THE PRODUCTS OTHER THAN AS PROVIDED ABOVE IN THIS ARTICLE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE

Shipping Cost for Warranty Repair

You are responsible for following instructions provided by TELEMETRY SOLUTIONS prior to returning the equipment. A Return authorization number provided by TELEMETRY SOLUTIONS customer support must be included in the shipment. In case you did not follow the instructions and tax duties for international shipments incur, TELEMETRY SOLUTIONS has the right to bill the same amount to you. TELEMETRY SOLUTIONS shall bear the entire shipping cost to return the repaired products to you.
Any additional purchases or upgrades will not extend this product warranty.
If TELEMETRY SOLUTIONS determines that the problem with the product is not covered by the warranty, we will inform you of alternative solutions that may be available to you.

Troubleshooting

At the time of the order shipment, TELEMETRY SOLUTIONS will provide you instructions to download user manuals for the purchased products. It is your responsibility to read the manuals and follow the instructions step by step. When you have trouble setting up the equipment or the software after first attempting it, TELEMETRY SOLUTIONS provides customer support for 90 days from the order ship date. Any support request after the 90 days is subject to a fee. TELEMETRY SOLUTIONS will not accept product return unless TELEMETRY SOLUTIONS has been informed in advance and necessary documents have been submitted. After the returned equipment has been inspected and tested, if there is no defect found, TELEMETRY SOLUTIONS will be entitled to payment for the labor and the shipping cost to return the equipment back to you.

TELEMETRY SOLUTIONS SERVICE WORK AGREEMENT

All service work such as refurbishment or battery replacement retains its original manufacturer warranty. The warranty is not restarted or extended after a collar is refurbished. Telemetry Solutions has the right to decline any service work request given any circumstances. Telemetry Solutions may not accept equipment that had already been refurbished once.

Payment Terms

The payment term of all service requests is full payment at shipment, and unless otherwise agreed to in writing by TELEMETRY SOLUTIONS, payment must be received by TELEMETRY SOLUTIONS before TELEMETRY SOLUTIONS’ acceptance of an order. Unless otherwise agreed, invoices will be sent electronically.Â Payments in currency other than U.S. dollars are not acceptable.Â In case payment by you is late, TELEMETRY SOLUTIONS will not accommodate your deadline. TELEMETRY SOLUTIONS reserves the right to not accept your order if the payment for your previous purchase was late. TELEMETRY SOLUTIONS highly recommends that you remit the payment by wire transfer. If you decide to pay by check, please make it payable to TELEMETRY SOLUTIONS, Inc. You will be fully responsible in case of lost, damaged, delayed mail under any circumstances.

Bank Surcharges

Duties/Taxes

Unless otherwise indicated on the invoice, you are responsible for paying all duties and taxes associated with your order.

Ship Date

Shipping and Risk

Order Cancellation and Refund Policy

All orders are customized and final. TELEMETRY SOLUTIONS reserves the right to determine the cancellation fees and/or amount of the payment for the cancelled order.
Returning your products to TELEMETRY SOLUTIONS is not a guarantee of service. Every product returned is tested and examined to replicate the error and diagnose the issue prior to repair. There will be occasions when the damage to a collar is too great to repair and a replacement will be recommended.
Different problems require a varying length of repair and service and therefore TELEMETRY SOLUTIONS cannot guarantee a turnaround time. Please be patient as your product goes through the service process. It is a priority to us to return your product as soon as possible in full working order.
TELEMETRY SOLUTIONS assumes responsibility of your products from the moment they are received until the moment they are shipped. As a courtesy, TELEMETRY SOLUTIONS will assist in the resolution of any transportation issue that may arise as best as possible with or without fees.

IMPORTANT!

Before returning the products,

Contact TELEMETRY SOLUTIONS customer support and request for a Service Request and have a quote created for the service work.
Make sure the magnets are in place and your GPS is turned off.
If you clear your calendar please email us a copy of the original tsc file or a detailed description of the programming.
Please clean and sterilize your collars prior to shipping them to us. Collars returned to us that are not cleaned will be subject to a cleaning fee equal to one hour of shop time per hour necessary to clean.
Failure to waterproof your equipment will void your warranty.
Each package should contain the products in need of repair, a copy of this form and any relevant supporting materials that may help us quickly identify the problem.

For international customer

Please prepare shipping document as follows to avoid unnecessary tax duties:

Do not enter purchased price in declared value.
Make sure to state that the commodities are being returned to the manufacturer for service so that it appears on the shipping label and all other shipping documents.

* In case tax duties incur for international shipment due to failure of following the steps above, TELEMETRY SOLUTIONS has the right to bill the same amount to you.

Service work does not cover

All accessories such as: Antenna, VHF receiver, PDA, or computer; which is provided as is under original manufacturer’s warranty.
All software, including the operating system and software added at the customer’s request
All accessories such as; Epoxy, USB Cables, RTV, USB plugs, CD-ROM, screws, bolts, nuts which are ancillary.
Damage caused by actions that are beyond Telemetry Solutions’ control, such as: impacts, liquids, fire, rain, lightning or other disasters such as: nuclear war, epidemic, alien occupation, or armed insurrection.
Product that has been damaged through misuse, abuse or mishandling, including the unauthorized modification of the system as a whole or any individual component and/or the attachment of peripheral devices.
Product for which TELEMETRY SOLUTIONS has not received full payment.

Shipping Cost for Service Work

Shipping to return products that need service work will be at your cost. You are responsible for following instructions provided by TELEMETRY SOLUTIONS prior to returning the equipment. In case you did not follow the instructions and tax duties for international shipments incur, TELEMETRY SOLUTIONS has the right to bill the same amount to you. You will be responsible for the entire shipping cost to return the serviced products to you.
For any return policy questions, please contact your customer service team at support@telemetrysolutions.com or call 925-798-1942.

Telemetry Solutions, Inc.
5075 Commercial Circle, Suite C
Concord, CA 94520 U.S.A.
Phone: 925-798-1942

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