GENERAL TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS OR SERVICES

NOTICESale of any Products or Services is expressly conditioned on Buyer’s agreement to these Terms and Conditions. Any acceptance of Seller’s offer is expressly limited to acceptance of these Terms and Conditions and Seller expressly objects to any additional or different terms proposed by Buyer. No Buyer form shall modify these Terms and Conditions, nor shall any course of performance, course of dealing, or usage of trade operate as a modification or waiver of these Terms and Conditions. Any order to purchase products or receive services shall constitute Buyer’s agreement to these Terms and Conditions.

  1. Cancellation of Order.
    1. All orders, once submitted and payment is processed, are final. Any returns, unless damaged upon receipt or requiring in-warranty replacement, are non-returnable.
  2. Payment Terms.
    1. Payments must be made via credit card, wire transfer, or ACH. Upon clearing of payment item will be shipped via method selected by Buyer during checkout.
  3. Warranty.
    1. Seller warrants that all products manufactured by Seller shall include a three year warranty, which begins on date of receipt, plus 60 days. SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF ANY PRODUCT DAMAGED OR DAMAGES RESULTING FROM IFP PRODUCTS. Seller personnel are not authorized to alter this disclaimer of warranty.
    2. All Products are sold for their intended use only. Any alterations, modifications, or changes to any product will void the warranty.
    3. IFP products are designed to work as a matched set and therefore cannot be paired with other non-IFP products. Any actions as such will void product warranty.
  4. Limitation of Liability.
    1. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    2. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS SOLD HEREUNDER.
  5. Indemnification.
    1. Each of Buyer and Seller (as an “Indemnifying Party”) shall indemnify the other party (as an “Indemnified Party”) from and against claims brought by a third party, on account of personal injury or damage to the third party’s tangible property, to the extent caused by the product or applicable accessory.
  6. Patents, Rights, and Intellectual Property.
    1. In the absence of written agreement to the contrary, Seller holds the copyrights, pending patents, issued patents, and related documents of all products resold by IFP, Integrated Fiber Platform, or related business or DBA.
  7. Compliance with Laws.
    1. Buyer shall take reasonable steps to ensure the Products are in conformity with applicable laws and regulations within their jurisdiction. Seller disclaims any representation or warranty that the Products conform to federal, state or local laws, regulations, ordinances, codes or standards, except as expressly set forth by Seller in writing. Buyer shall comply with all applicable laws, regulations and ordinances.
  8. Termination.
    1. In addition to any remedies that may be provided under these Terms and Conditions, Seller may terminate this Contract with immediate effect, based solely on the discretion of Seller.
  9. Amendment and Modification.
    1. To comply with domestic and international law, and adapt as industry changes occur, these Terms and Conditions may change. In and where these changes affect he fundamental relationship between IFP and buyer, electronic or written notice will be provided to seller via method provided on the dealer application.
  10. Relationship of the Parties.
    1. The relationship between the parties is that of reseller and manufacturer only. Nothing contained in this Contract shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
  11. Severability.
    If any term or provision of this Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.
  12. Complete Agreement.
    These General Terms and Conditions constitute the entire agreement between Buyer and Seller relating to IFP products and services and supersede all prior and contemporaneous discussions, understandings, and agreements related to the subject matter hereof.