IMPACT Standard Product & Service Terms

IMPACT Standard Product & Service Terms

General

IMPACT will use this for general and standard terms as part of any agreements, orders, proposals, quotes, estimates, or work orders.

Precedence and Relationship to Other Agreements

These Standard Product & Service Terms apply to every quote, estimate, proposal, Order, and work order issued by IMPACT and are incorporated into each by reference.

Where a signed Master Services Agreement ("MSA") is in effect between IMPACT and the Customer, these terms are subordinate to that MSA and to any applicable Service Addendum and Order. In the event of a conflict, the order of precedence is the Service Addendum, then the Order, then the MSA, then the Schedules, then these Standard Product & Service Terms. No provision of these terms modifies, expands, or limits the liability, warranty, indemnification, or governing-law provisions of the MSA.

Where no signed MSA is in effect between IMPACT and the Customer, the accepted quote, estimate, proposal, or Order together with these Standard Product & Service Terms constitute the entire agreement between the parties for that transaction, and the Limited Terms for Transactions Without an MSA set forth below apply.

Purchases, Estimates, Quotes and Proposals

Quote for products, merchandise, hardware and software are subject to real-time pricing and availability from manufacturers, vendors and distributors and therefore quoted pricing is subject to change in real-time and only valid for a maximum of 3 days, unless otherwise noted. Prices are subject to change and are based upon total purchase and/or volume and the date of procurement by IMPACT. IMPACT does not guarantee the price and/or the availability of product and/or services quoted. IMPACT reserves the right to cancel orders arising from pricing or other errors.

Quotes for services and labor are good for 30 days, unless otherwise noted.

Quotations and responses to requests for quotations may not include the price of taxes or shipping unless these items are explicitly stated. Client is responsible for the cost of any/all taxes and shipping of all merchandise.

For any product quoted where Customer requests technical specifications, Customer agrees to IMPACT's current consulting and design fees and hourly rates.

Payments

All products and merchandise require a 100% payment in full prior to procurement from any manufacturer or delivery to customer.

A 50% deposit will be required for all labor and services proposed.

Upon delivery of merchandise, services performed, and/or project scope completion, payment will be due immediately for any remaining balance and payable to IMPACT Technology Group Inc. unless arranged in a prior Agreement or according to your current account terms.

Taxes, shipping, handling and other fees may apply. All merchandise, Products or Services remains the property of IMPACT Technology Group Inc. until paid in full.

A $35 charge will be imposed on any returned checks or failed ACH drafts.

Accepted Methods of Payment

For Customers with Established Terms and Current Recurring Services

Recurring Services, Projects

  1. ACH
  2. Check/Money Order

For Customers with No Terms and No Recurring Services

  1. Credit Card (Visa, Master Card, Discover)
  2. Check/Money Order
  3. Cash On Delivery

Credit Card & Non-ACH Payment Charges

Where Customer pays by credit card, the card will be charged when the Order is placed.

Where Customer pays by any method other than ACH, including credit card, check, wire, or manual payment, a non-ACH administrative and processing fee of three percent (3%) of the invoice amount will be added, or up to three and one-half percent (3.5%) where IMPACT's actual processing or handling cost exceeds three percent (3%). In no event will this fee exceed three and one-half percent (3.5%).

Mailing Address for Billing & Payments

IMPACT Technology Group, Inc.
Billing Team
913-A Snow Hill Road
Salisbury MD 21804

Recurring Services

All recurring services are subject to minimum 1 year term, unless specified otherwise in the quote, estimate, proposal, Order or Agreement.

Fulfillment

If IMPACT is not able to fulfill your Order for any reason, the Order will be either cancelled or the customer will be notified requesting action on options on how to proceed with Order.

Delivery

IMPACT will deliver any procured merchandise and services according to the merchandise, stock levels, technician availability and scheduling, manufacturer delivery, and project scope. IMPACT will not deliver any merchandise or services without a deposit for merchandise.

IMPACT may be required by law to assess any necessary taxes when delivering and/or shipping Product to the final destination. IMPACT will not alter delivery or shipping per any customer request in evasion of any applicable taxes.

Shipping

IMPACT will pack and ship any orders with proper packaging, care, and insurance. IMPACT uses the following methods for delivery and shipping:

USPS, UPS, FedEx, Personal Onsite Delivery

Any and all shipping fees to and from vendors or manufacturers are the responsibility of the Customer. IMPACT will pass these costs along to Customer.

Order Tracking

If any Product is to be direct shipped to customer and a tracking # is provided by the shipping carrier, IMPACT will update your order or ticket with the tracking information as available.

Shipping Rates

The rate charged for the shipping of your order is based on the weight of your merchandise, freight, handling fees, fuel, and any other fees from carriers or distributors.

Back Orders

If an item goes on back order we will ship you the part of your order that is in stock. When the item becomes available we will ship you the rest of your order. You will not be charged any additional shipping and handling for the second shipment.

Export Restrictions

IMPACT does not export any merchandise or services outside of the United States of America.

Warranty

Product

All hardware, software, and merchandise sold or procured by IMPACT carry only the warranty, if any, provided by the applicable manufacturer or licensor, which passes to Customer upon transfer of title. IMPACT provides no independent product warranty and, to the maximum extent permitted by law, disclaims all implied warranties with respect to third-party products, including merchantability and fitness for a particular purpose.

Any merchandise or Product sold or marked "Used" or "As-Is" is non-refundable and bears no warranty.

Any labor to repair or replace a Product or hardware is subject to the manufacturer's policy and warranty. IMPACT does not provide such labor without a current support agreement that expressly covers it. Absent such an agreement, all labor is billable at IMPACT's then-current Time and Materials rates.

Labor

Labor for Professional Services (Projects) carries a thirty (30) day workmanship warranty from the date the labor was performed, covering workmanship, installation, and configuration of new systems and solutions within the scope of the Project. During that period, IMPACT will repair or re-perform defective workmanship, which is Customer's sole and exclusive remedy. No other warranty, express or implied, applies to Project labor.

Labor for cabling services with certification carries a one (1) year warranty from the date of installation, as further described in the applicable Service Addendum and Order.

Labor for support or any "Break/Fix" work carries no warranty.

Exclusions

A warranty shall not apply to any maintenance, support, or configuration changes to any systems, regardless of time. A warranty shall not apply to any products or labor or workmanship where affected products or systems have been abused, modified, vandalized, disassembled, reverse engineered, or where products or systems were affected by anything outside of IMPACT's control or by any Acts of God.

Claims

To make a claim under warranty, a customer must submit the claim in writing and follow IMPACT and/or the manufacturer's RMA process.

Transaction Currency

IMPACT operates in the United States of America and as such, only utilizes and accepts US Dollars for goods and services.

Finance Charges & Past Due Balances

Any outstanding balance must be brought current before proceeding with any new quote, proposal, Order or Agreement. Past due accounts for Products, Services, or any work performed shall bear interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law.

Any finance charges invoiced to Customer and under dispute by Customer are still due and shall remain due until the matter is resolved.

Customer shall reimburse all costs and expenses for attorney's fees incurred in collecting any amounts past due.

Jurisdiction

IMPACT operates within the laws and jurisdiction of the State of Maryland and the United States of America.

Taxes

  1. Client shall pay and be liable for all sales, use, VAT, customs duties, excise and any other applicable transaction taxes unless a valid exemption certificate is furnished to IMPACT.
  2. Client is and will be liable for any/all taxes regardless if such taxes were omitted or improperly calculated on any quote, proposal, Agreement, Order, or invoice.
  3. Any applicable taxes shall be added to each invoice for any Products or Services rendered.

Limited Terms for Transactions Without an MSA

This section applies only where no signed MSA is in effect between IMPACT and the Customer. Where an MSA is in effect, the MSA governs and this section does not apply.

Limitation of Liability. To the maximum extent permitted by law, and subject to the Uncapped Liability paragraph below, IMPACT's total aggregate liability arising out of or relating to any product or service furnished under the accepted quote or Order shall not exceed the greater of (a) the total amounts actually paid by Customer to IMPACT for the specific product or service giving rise to the claim, or (b) Five Thousand U.S. Dollars (US $5,000). This limitation applies collectively to all claims, actions, and causes of action, whether arising in contract, tort, or otherwise. 

Uncapped Liability. The limitation set forth above and the Exclusion of Damages set forth below do not apply to: (a) liability arising from IMPACT's fraud or fraudulent misrepresentation; (b) liability for third-party bodily injury or tangible property damage caused by IMPACT's negligent or willful acts or omissions; (c) IMPACT's own payment obligations; or (d) liability that, under applicable law, may not be limited or excluded.

Time Limitation on Claims. Any claim or cause of action arising out of or relating to a transaction governed by this section must be commenced within two (2) years of the event giving rise to such claim, or such claim shall be permanently barred, to the extent permitted by applicable law.

Transactions Requiring an MSA. This section applies to discrete purchases of products, merchandise, hardware, software, and non-recurring labor and services. Recurring Services, managed services, and any engagement governed by a Service Addendum require a signed MSA and are not available under this section. Where IMPACT provides Recurring Services in the absence of a signed MSA, the IMPACT Master Services Agreement then in effect governs those Services in accordance with its Section 1.14.

Exclusion of Damages. IMPACT shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, lost revenue, lost data, or business interruption, regardless of the theory of liability and even if advised of the possibility of such damages. The foregoing exclusions do not apply to damages arising from IMPACT's gross negligence, willful misconduct, or fraud, or to liability that, under applicable law, may not be excluded. 

Products and Third-Party Warranties. All hardware, software, and merchandise are provided subject solely to the applicable manufacturer's or licensor's warranty. IMPACT makes no independent warranty of merchantability or fitness for a particular purpose with respect to third-party products.

Governing Law and Venue. This transaction is governed by the laws of the State of Maryland without regard to its conflict-of-laws principles. The parties consent to exclusive jurisdiction and venue in the state courts located in Wicomico County, Maryland and the federal courts for the District of Maryland.

Entire Agreement. The accepted quote or Order and these Standard Product & Service Terms constitute the entire agreement for the transaction and supersede all prior or contemporaneous proposals, representations, and communications, whether oral or written. No waiver is effective unless in writing and signed by IMPACT.