Terms and Conditions of Business
Please review Privacy Policy & Cookie Policy, which also governs your visit to our website, to understand our practices.
Please read these conditions carefully before using the website. By using or continuing to use the website, you signify your agreement to be bound by these conditions.
- General
(a) In these terms and conditions the following expressions have the following meanings:
(i) "The Customer" shall mean the person by whom an order is placed with The Company.
(ii) "The Company" shall mean SysTime Inc with which The Customer shall contract under these terms and conditions.
(iii) "The Goods" shall mean the products and/or services (including any instalment of The Goods or any part of them) which The Company is to supply The Customer.
(iv) "Subscriptions" shall mean the rented services provided by The Company that are paid for periodically, in advance, by The Customer
(b) Any order shall incorporate these terms and conditions and no variation or modification of these terms and conditions (even though included in or referred to in the document placing the order) shall be binding on The Company unless specifically accepted by an authorized representative of The Company in writing. Any orders are made on the basis (which The Customer represents and confirms to be correct and waives any claim for breach thereof) that no representation has been made by The Company as to The goods (including the availability, description, quality or fitness for any particular purpose of The Goods) and that The Customer is entering into this contract is not relying upon any representation, and that The Goods are being bought by The Customer in the ordinary course of business.
(c) Only Time Clocks supplied by The Company may be attached to The Subscriptions sercvice. If The Customer or its agents attempt to connect any other time clock to The Subscriptions service, that was not supplied by The Company, then The Subscriptions of The Customer may be cancelled immediately, with no refunds and The Customer shall, and accepts the liability for any loss or damage caused by such action.
(d) All subscriptions are payable in advance at the periods stated in your order by recurring debit or credit card. There is no option to pay by any other means.
- Your Account
By using the website and its features, it is The Customer's responsibility to maintain the confidentiality of any and all account and password details and to prevent unauthorized access to your account by any means. The Customer agrees to accept full responsibility for all activities that occur under your account or password. The Customer should inform us immediately if they have any reason to believe that their password has become known to anyone else, or is likely to be used in an unauthorized manner.
It is The Customer's duty to ensure that the details on their account are correct and that if circumstances change that we the account is updated as required. The Company reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion.
- Privacy Statement
To read more on how your personal data is going to be handled, please see our full Privacy Policy & Cookie Policy.
- Access to our website
Access to our website(s) cannot be guaranteed. Access may at times be suspended or restricted. We will do our utmost to ensure that our facilities or services are made available at all times. We will attempt to limit the frequency and duration of any such suspension or restriction. We may need to perform essential maintenance from time to time that may limit your access.
- License for website access
We grant you a limited license to access and use The Company website. You may only use this site for lawful purpose only. This website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose in whole, or in part, nor attempts thereof without our express written consent.
You are not authorized in any way, to download (other than page caching) modify, impair, damage, interfere or interrupt its normal operation, nor make any attempt thereof, except with The Company's express written consent. This license does not include resale or commercial use of this website or its contents nor collection or use of any product listings whatsoever or any attempt thereof. Any use of robots, data mining, or any data gathering and extraction tools, downloading of prices, descriptions, website contents, or copying of account information for the benefit of another, or attempts at, are breaches of the license that may make you liable for criminal prosecution. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the index page of systimeus.com provided that the link does not portray The Company, its products or services in a false, misleading, derogatory, or otherwise offensive manner.
- Ordering
All orders are accepted subject to these terms and conditions, but may be refused for any reason. If The Company refuses an order, The Customer will be notified of this.
- Prices and availability
All website prices are in US$. Prices are subject to change without notice however all prices on the website are final at the point of order and will not be increased once you have submitted your order.
All website prices do not include State taxes or delivery (except where stated), these are normally added at point of order.
We try to list detailed information for products sold by us on the website. If there is a price discrepancy with your order we may, at our discretion, cancel your order and notify you of such cancellation. We reserve the right to refuse an order.
- Shipping
(a) See ‘Shipping’ tab on site for more information
(b) Free Shipping Offer
If The Company website advertises an offer of 'Free shipping', it may be for a spend over a certain limit (excluding state tax and delivery charges to qualify). Some shipping areas may be excluded from its offer. The 'free shipping' zones will still have the same restrictions as paid shipping have.
Restrictions
We ship in the United States (contiguous 48 states).
Do not place orders for delivery to Alaska; Hawaii; Puerto Rico; Avalon CA; Catalina Island CA; Beaver Island MI; Mackinac Island MI (winter only); The Bass Islands OH; Kelleys Island OH; and San Juan Islands WA or Canada.
If you require delivery to Alaska; Hawaii; Puerto Rico; or overseas location (excludes Canada), please contact us to see if we can supply you.
- Part orders
The Company reserves the right to render progress invoices for part orders.
- Customs and duty
When ordering goods from The Company for delivery outside the USA designated shipping zones or overseas, The goods may be subject to import duties and other taxes. These are levied by the appropriate authority in the country of delivery. Any additional charges for any taxes or charges whatsoever including customs clearance must be borne by The Customer.
Please refer to your local customs office for further information. When ordering from The Company you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving The goods.
- Non delivered goods and defects after delivery
The Customer agrees to inform The Company of any defect found after delivery within the timeframe advised on the delivery note enclosed with The goods. Any order, for US shipping, not received 15 days after ordering should be reported as a missing delivery to The Company.
- Cancellation and Returns
Cancellations
Subscriptions may be cancelled at any time without penalty but the service will be charged until the next subscription date of renewal. There are no refunds for part or unused subscriptions. Upon cancellation, it is your duty to remove any of your data you might require from the service. You will be given 30 days to do this.
Returns Policy
Please see 'Returns Policy' on the website
- Defective Products
For returns of defective/damaged items we require you to email the images of the defective or damaged product to provide an RMA. It is not be possible to generate RMA without these images. The imges assist to make judement on repair or replacement.
- Warranty
New hardware products carry a three year limited warranty*
Refurbished hardware products and factory service carry a six month warranty.
Service parts and circuit boards carry a 90 day warranty.
The conditions of this warranty and the extent of the responsibility and liability of The Company under this warranty are detailed below.
This warranty shall become void if any service or repair has been performed by anyone other than The Company that results in damage to the hardware product, and such decision will be at The Company entire discretion.
This warranty shall become void if the hardware product has been subject to abuse, neglect, or accident, or not installed or used in accordance with the manufacturers specifications or any other damage or if the serial number is altered, removed or unreadable,
It shall be The customer’s responsibility and cost to remove and reinstall the hardware product for repair.
The Company warranty is repair or like for like, or better replacement of a defective hardware product.
*WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:
Except only the limited warranty set forth above, all our hardware products and software are sold with no expressed or implied warranties of any kind, and the implied warranties of suitability, quality or fitness for purpose are hereby expressly disclaimed.
In no event will The Company be liable for any direct, indirect, special, incidental or consequential damages arising out of or in connection with the delivery, use or inability to use, or performance of our hardware product or software supplied. In the event any limited remedy given herein shall be deemed to have failed of its essential purpose, The Company liability shall be limited to refund the purchase price upon return of the hardware product.
Any hardware product returned for warranty claim must include a proof of purchase,
Warranty Service
Our warranty is repair or like for like, or better replacement of a defective hardware product.
This warranty excludes damaged hardware products for any reason.
To make a claim under warranty please call us first. Our experienced agents can trouble shoot and many issues can be resolved.
If the matter cannot be resolved and the hardware product must be returned you will require an RMA.
We will determine if your hardware product is defective, and if defective we will repair or replace it, like for like or better.
Damage to the hardware products cannot be claimed under warranty. If we find the hardware products have been damaged you will be charged for the repair or replacement.
To return hardware products to us
The Customer service agent will provide you with a Return Merchandise Authorization (RMA) number and the return address. Please write the RMA number on the outside of the package you are returning. This helps us quickly identify and process the return without delay.
You are responsible for freight charges to return the defective unit to us.
Hardware Products returned to you
We will pay ground freight costs to ship the replacement or repaired hardware back to you.
- Purchase of Products
It is our practice to stock goods that are advertised for sale but The Goods are subject to availability. In the rare event that product(s) you have ordered are not in stock but the order is submitted you will be notified by us.
We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
- The product ordered being unavailable from stock
- Our inability to obtain authorization of payment
- The identification of an error within the product information, including price or promotion
- Training Service.
If The Company is providing any Training service in relation to a product purchased, The Company will conduct its standard Training service and test procedures to confirm completion.
- Payment and title
(a) The title in The Goods shall, not withstanding delivery of all or any part to The Customer, remain in The Company until The Goods have been paid for in full in accordance with the terms of this contract and until such time as the title in The Goods passes to The Customer, then The Customer shall hold The Goods as The Company's fiduciary agent. Title to all goods ordered shall only pass The Customer when clear unencumbered funds are received by The Company and providing that any such funds are not subsequently refunded or held in escrow of any form by any third party, (except in the matter of defects). In such cases where funds are not retained by The Company and/or funds that have been passed to The Company are partly or wholly refunded to The Customer or any third party then the sums outstanding become due and the following will apply
In the event of payment not being made for the subsciptions then The Company shall turn off the service until this is rectified by The Customer.
(b) The property in The Goods shall, notwithstanding delivery of all or any part to The Customer, remain in The Company until The Goods have been paid for in full in accordance with the terms of this contract and until such time as the property in The Goods passes to The Customer, then The Customer shall hold The Goods as The Company's fiduciary agent.
(c) If prior to payment for The Goods in full The Customer shall dispose of or deal with all or any part thereof (whether or not the same remain on their original for or have been processed and/or incorporated in to other goods) inconsistently with The Company's ownership thereof, then The Company shall be entitled as absolute assignees, to recover or to have the price of any benefit receivable or received by The Customer in respect of such goods (or The Goods into which such Goods have been processed and/or incorporated) and shall account to The Customer for any excess thereby obtained or realized over and above the price due to them for The Customer.
(d) If The Customer shall not make full payment on the due date then The Company shall be entitled in addition to all other rights, to enter upon any land or premises where The Goods may be for the time being be and recover possession of them.
Notwithstanding the foregoing, the risk (but for the avoidance of doubt not the property therein) in respect of The Goods shall pass to The Customer as and when the same are delivered to The Customer. The Customer shall then be responsible for the insurance of The Goods.
- Interest on Late Payment
Any amount owing to The Company by The Customer hereunder which is not paid to The Company on its due date, shall bear an additional five percent (5%) interest per annum, plus state tax if applicable; which additional interest shall be compounded daily, unless specific arrangements to the contrary have been made in writing. Where a lawyer or recovery agent has to be instructed to recover payment proper lawyer or recovery agent are payable by The Customer in addition to any fees and the costs awarded by any court.
- Force Majeure
The Company shall not be liable for failure to perform any of its obligations of any order due to any cause whatsoever beyond The Company's reasonable control. The Company shall be at liberty to cancel and/or suspend the contract and/or be allowed a reasonable extension of time for the performance of its obligations without incurring any liability for any loss or damage resulting therefrom. For the purpose of this Condition, "Force Majeure" shall include, but is not limited to, Act of God, Act of Terrorism, Outbreak of War (whether declared or not), Rebellion, Riot, Sabotage, Explosion, Fire, Flood, Strike (official or not) or similar labor dispute, utility failure (whatever the cause) or difficulties in obtaining raw materials, labor, fuel, parts, events or circumstances outside the reasonable control of the parties to this contract.
- Default or insolvency of The Customer
If The Customer shall fail to take delivery of The Goods or any part thereof when required or make default in or commit a breach of its obligations under this contract or any other contract with The Company or if any distress or execution or other legal process shall be levied upon any of The Customer's property, goods or assets or if The Customer shall make or offer to make any agreement or composition with creditors or commit any act of bankruptcy or being a limited The Customer shall go into liquidation suffer the appointment of a Receiver over its undertaking, property or assets or any part thereof, The Company shall at any time thereafter be entitled to determine this contract and without prejudice to its other rights hereunder recover from The Customer any loss on sale of Goods or works comprised in this contract. Without prejudice to be foregoing The Company may in the event of default on the part of The Customer in paying any sum due under this or any other contract or order, suspend delivery of The Goods or work until such default has been made good.
- Service of Documents and electronic communications
For contractual purposes regarding the service of documents, The Customer consents to receive communications from us electronically to the given email addresses held on their account or orders placed, or on our website and further agrees that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that requires such communications be in writing. When you visit our website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website.
- Privacy Policy and Cookie Policy
see 'privacy policy and cookie policy' on website.
- Assignment
The Company is permitted to assign any benefits, obligations and data, of any agreement to a third party without the consent of The Customer.
- Trademarks
All trademarks not owned by SysTime Inc that appear on this website are the property of their respective owners and this is acknowledged. You may not copy or use any trade marks from the website whatsoever unless with permission from their respective owner(s).
- Copyright
All content included on the website, such as images, text, graphics, logos, icons, audio clips, and software, is the property of SysTime Inc, protected by US law and international copyright laws.
- Alteration of Service or Amendments to The Terms & Conditions
We reserve the right to make changes to our website, policies, and these Terms & Conditions at any time. You will be subject to the our policies and Terms & Conditions at the time that you use the website or that you order goods from The Company, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Interpretation
All terms on this site shall be governed in all respects by the laws of the State of Delaware, USA, without regard to its conflict of laws principles, The parties hereby submit to jurisdiction and venue in federal court in the District Court of Delaware, or in state court in either Delaware Superior Court or in Delaware Chancery Court located in New Castle County, Delaware.
Date 29th December 2023 ver 1.08 SYS