1. Orders
1.1 Methods of Order Placement: Customers may place orders through the following channels:
- Online: Via the Company’s website.
- Email: By sending a purchase order to sales@ramactt.com or Admin@ramactt.com .
- Phone: By calling our customer service at +1 (868) 394-9300 or +1 (868) 478-8868
- In-Person: At our physical store located at 1 Baboonia Tr , Warner Village, WH1 Central Warehouse Complex Charlieville Chaguanas
1.2 Order Information: All orders must include the following information:
- Customer Details: Full name, billing address, shipping address, phone number, and email address.
- Product Details: Model number, description, quantity, and any specific requirements.
- Payment Information: Payment method and any necessary details such as credit card information, purchase order number, or other payment instructions.
- Delivery Instructions: Preferred delivery date, special instructions, or any access restrictions.
1.3 Customer’s Responsibility for Accuracy: The Customer is responsible for ensuring that all information provided during the order process is accurate and complete. The Company is not liable for any delays, errors, or additional costs arising from incorrect or incomplete information provided by the Customer.
2. Order Acknowledgment and Acceptance:
2.1 Order Acknowledgment: Upon receipt of an order, the Company will send an acknowledgment to the Customer via email or telephone, confirming that the order has been received. This acknowledgment does not constitute acceptance of the order.
2.2 Order Acceptance: The Company reserves the right to accept or reject any order at its discretion. Acceptance of the order will occur only when the Company sends a confirmation email or telephone call to the Customer, indicating that the order has been processed and the Equipment has been dispatched.
2.3 Right to Refuse Orders: The Company reserves the right to refuse any order without providing a reason. Reasons for refusal may include, but are not limited to:
- Product Availability: The Equipment is out of stock or discontinued.
- Pricing Errors: Errors or discrepancies in the pricing or description of the Equipment.
- Payment Issues: Issues related to payment authorization or fraud detection.
- Customer History: The Customer has a history of late payments, returns, or other issues.
- Legal or Regulatory Restrictions: The Equipment cannot be shipped to the Customer’s location due to legal or regulatory restrictions.
3. Order Modifications and Cancellations:
3.1 Modification Requests: The Customer may request modifications to an order before it has been processed. Modifications may include changes to the quantity, model, delivery address, or other details. The Company will make reasonable efforts to accommodate such requests but cannot guarantee that modifications will be possible.
3.2 Cancellation Requests: The Customer may request the cancellation of an order before it has been dispatched. The Company will process the cancellation and issue a refund, subject to any applicable cancellation fees. Once the Equipment has been dispatched, the order cannot be cancelled, and the Customer must follow the return process outlined in the Company’s return policy.
3.3 Custom or Special Orders: Orders for custom or special-order Equipment are non-cancellable and non-refundable once the order has been placed. The Company will communicate any exceptions to this policy on a case-by-case basis.
4.3 Payment Processing: Payments will be processed at the time the order is placed. The Company reserves the right to conduct additional verification or request additional information if fraud is suspected or if the payment method requires further validation.
4.4 Taxes and Fees: The Customer is responsible for all applicable taxes, duties, or other fees associated with the purchase. The Company will calculate and add these charges to the total order amount at checkout.
4.5 Late Payments: If the Customer is approved for credit terms and payment is not received by the due date, the Company reserves the right to charge interest on the outstanding amount at a rate of 5% per month. The Company may also suspend future deliveries or terminate the contract if payments are consistently late.
5. Shipping and Delivery:
5.1 Shipping Methods: The Company will arrange for shipping using a carrier of its choice unless otherwise specified by the Customer. Shipping costs will be calculated and provided at the time of order placement or otherwise discussed. .
5.2 Delivery Timeframes: Estimated delivery times are provided at the time of order but are not guaranteed. The Company is not liable for delays caused by the carrier, customs, or other external factors.
5.3 Inspection Upon Delivery: The Customer is required to inspect the Equipment upon delivery and notify the Company within 5 days of any visible damage or discrepancies. Failure to report such issues within this timeframe may result in the denial of a claim.
5.4 Partial Deliveries: The Company reserves the right to make partial deliveries if the Equipment is not available for shipment at the same time. The Customer will be notified of any partial deliveries, and the Company will not charge additional shipping fees for subsequent shipments.
5.5 Risk of Loss: Risk of loss passes to the Customer upon delivery of the Equipment to the carrier. The Customer is responsible for filing any claims with the carrier for damaged or lost shipments. The company reserves the right to choose to assist in this matter.
6. International Orders:
6.1 Export Compliance: The Customer is responsible for complying with all applicable export laws and regulations when ordering Equipment for delivery outside of Trinidad & Tobago. The Customer agrees not to export, re-export, or transfer the Equipment to any country, individual, or entity prohibited by export laws.
6.2 Customs and Import Duties: The Customer is responsible for all customs duties, taxes, and fees associated with importing the Equipment into their country. The Company is not responsible for delays or additional charges resulting from customs clearance.
6.3 Prohibited Destinations: The Company reserves the right to refuse orders for delivery to certain countries or regions due to legal, regulatory, or logistical reasons. The Customer will be notified if their order cannot be fulfilled for this reason.
7. Backorders and Pre-Orders:
7.1 Backorders: If any Equipment is out of stock at the time of order placement, the Company will notify the Customer and provide an estimated restock date. The Customer may choose to wait for the Equipment to become available, modify their order, or cancel the backordered items.
7.2 Pre-Orders: For new or upcoming products, the Company may offer the option to pre-order. Pre-orders are subject to the same terms and conditions as regular orders. The estimated delivery date for pre-ordered items will be provided at the time of order placement, but the Company cannot guarantee this date.
8. Order Tracking:
8.1 Tracking Information: Once the Equipment has been dispatched, the Company will provide the Customer with tracking information via email. The Customer can use this information to monitor the progress of their shipment.
8.2 Delivery Confirmation: The Customer is responsible for ensuring that someone is available to receive the delivery at the specified address. The Company is not responsible for missed deliveries or additional charges incurred as a result of the Customer's failure to receive the Equipment.
9. Customer Support:
9.1 Order Inquiries: For any questions or concerns about an order, the Customer can contact the Company’s customer support team at admin@ramactt.com or +1868-394-9300 or 478-8868. The Company will make reasonable efforts to respond to inquiries within 2-3 business days.
9.2 Dispute Resolution: In the event of a dispute regarding an order, the Customer agrees to attempt to resolve the issue directly with the Company before pursuing any legal action. The Company is committed to working with the Customer to reach a fair and satisfactory resolution.
2. Pricing & Payments
2.1 Product Pricing: All prices for products listed on the Company’s website or other sales channels are in Trinidad Dollars (TTD) and are subject to change without prior notice. Prices are as stated at the time of purchase and include applicable taxes, unless otherwise specified.
2.2 Errors in Pricing: The Company strives to ensure that all pricing information is accurate. However, in the event of a typographical error or inaccurate pricing information, the Company reserves the right to correct the error and update the price. The Customer will be notified of any such changes, and the Customer will have the option to proceed with the corrected price or cancel the order for a full refund.
2.3 Promotions and Discounts: The Company may offer promotions, discounts, or special offers from time to time. Promotional offers are subject to specific terms and conditions and may have expiration dates or other limitations. Only one promotion or discount may be applied per order unless otherwise stated.
2.4 Price Adjustments: The Company does not offer price adjustments or refunds for products purchased before or after a promotion or sale event, unless specifically stated in the terms of the promotion.
3. Payment Methods:
3.1 Accepted Payment Methods: The Company accepts various payment methods, including but not limited to:
- Credit cards (Visa, MasterCard, American Express, etc.)
- Debit cards
- PayPal
- Bank transfers
- Other payment methods as specified on the Company’s website
3.2 Payment Processing: Payments are processed through secure payment gateways. The Company does not store or have access to the Customer’s payment information, and all payment transactions are handled by third-party payment processors.
3.3 Authorization and Verification: The Company may perform authorization and verification checks on payment information before processing the order. This may include validating the Customer’s credit card or payment account to prevent fraud and ensure payment accuracy.
4. Billing and Charges:
4.1 Order Total: The total amount charged to the Customer will include the product price, applicable taxes, shipping and handling charges, and any other applicable fees. The order total will be displayed at checkout before the Customer completes the purchase.
4.2 Taxes: Sales tax, VAT, or other applicable taxes will be calculated based on the Customer’s location and applicable tax laws. The Company will add the appropriate taxes to the order total during checkout.
4.3 Additional Charges: The Company may charge additional fees for special services, such as expedited shipping, installation, or handling. Any additional charges will be clearly stated during the checkout process.
5. Payment Terms:
5.1 Immediate Payment: Payment for all orders must be made at the time of purchase. The Company does not offer credit or deferred payment terms unless otherwise agreed upon in writing.
5.2 Failed Payments: If a payment fails or is declined by the payment processor, the Customer will be notified, and the order will not be processed. The Customer must provide an alternative payment method to complete the purchase.
5.3 Refunds and Adjustments: Refunds or adjustments to payments will be made in accordance with the Company’s Returns & Refunds policy. Any discrepancies or issues with payments must be reported to the Company’s customer service department within 30 days of the transaction.
6. Order Confirmation and Receipts:
6.1 Order Confirmation: After completing a purchase, the Customer will receive an order confirmation email with details of the order, including the product(s) purchased, order number, and total amount charged.
6.2 Receipts: A receipt will be provided to the Customer upon successful completion of the payment. The receipt will be included in the order confirmation email or available for download from the Customer’s account on the Company’s website.
7. Fraud Prevention:
7.1 Fraudulent Transactions: The Company reserves the right to cancel or refuse any order that is suspected of being fraudulent or where the payment information appears to be invalid. The Company may also report suspicious transactions to relevant authorities.
7.2 Verification Procedures: The Company may request additional verification or documentation to process orders that involve high-value transactions or unusual payment patterns. The Customer is required to cooperate with these verification procedures.
8. Subscription Services:
8.1 Recurring Payments: For subscription services or products with recurring payments, the Customer will be billed on a regular basis as specified in the subscription terms. The billing cycle and amount will be clearly outlined during the subscription sign-up process.
8.2 Subscription Cancellation: The Customer may cancel a subscription at any time before the next billing cycle to avoid future charges. Cancellation procedures and deadlines will be detailed in the subscription terms or can be obtained from the Company’s customer service department.
9. Governing Law and Jurisdiction:
9.1 Applicable Law: These pricing and payment terms and conditions shall be governed by and construed in accordance with the laws of Trinidad & Tobago, without regard to its conflict of law principles.
9.2 Exclusive Jurisdiction: Any disputes arising out of or relating to these pricing and payment terms shall be subject to the exclusive jurisdiction of the courts of Trinidad & Tobago.
10. Miscellaneous:
10.1 Changes to Pricing and Payment Terms: The Company reserves the right to modify these pricing and payment terms and conditions at any time. Any changes will be effective immediately upon posting on the Company’s website or other public communication. The Customer is responsible for reviewing these terms and conditions periodically to ensure compliance with any changes.
10.2 Severability: If any provision of these pricing and payment terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
10.3 Entire Agreement: These pricing and payment terms and conditions constitute the entire agreement between the Company and the Customer regarding pricing and payment and supersede all prior agreements, understandings, or representations, whether written or oral.
3. Shipping & Delivery
1. Shipping Policies:
1.1 Shipping Methods: The Company offers various shipping methods, including standard, expedited, and express options. Shipping methods and costs are determined based on the delivery address, weight, size, and shipping speed selected by the Customer during checkout.
1.2 Shipping Charges: Shipping charges are calculated based on the shipping method selected, the destination address, and the size and weight of the package. The applicable shipping charges will be displayed to the Customer during the checkout process before the order is finalized.
1.3 Free Shipping: The Company may offer free shipping promotions on certain orders or products. Free shipping promotions are subject to specific terms and conditions, which will be outlined on the Company’s website or promotional materials.
2. Order Processing:
2.1 Processing Time: Orders are typically processed within 1-3 business days from the date of receipt. Orders placed after 3:00pm or on weekends and holidays will be processed on the next business day.
2.2 Order Confirmation: After placing an order, the Customer will receive an order confirmation email with details of the purchased items, shipping address, and estimated delivery time. It is the Customer’s responsibility to review the confirmation and notify the Company of any errors or changes.
2.3 Order Status: The Customer can track the status of their order through the Company’s website or by contacting customer service. Once the order has been shipped, the Customer will receive a shipping confirmation email with tracking information.
3. Delivery Times:
3.1 Estimated Delivery Times: Delivery times are estimated based on the shipping method selected and the destination address. Estimated delivery times are provided by the shipping carrier and are not guaranteed. The Company is not responsible for delays caused by shipping carriers or unforeseen circumstances.
3.2 Delivery Delays: The Company will make reasonable efforts to ensure timely delivery, but delays may occur due to factors such as weather conditions, carrier delays, customs processing, or other issues beyond the Company’s control. The Customer will be notified of any significant delays affecting their order.
4. Shipping Restrictions:
4.1 Customs and Duties: For international orders, the Customer is responsible for any customs duties, taxes, and import fees imposed by the destination country. The Company is not responsible for any additional charges or delays due to customs processing.
5. Delivery Issues:
5.1 Address Accuracy: It is the Customer’s responsibility to provide accurate and complete shipping information. The Company is not liable for any delivery issues, including delays or misdelivery, resulting from incorrect or incomplete address information provided by the Customer.
5.2 Missing or Lost Shipments: If the Customer’s order is missing or appears to be lost, they should contact the Company’s customer service department for assistance. The Company will work with the shipping carrier to resolve the issue and may provide a replacement or refund if the shipment cannot be located.
5.3 Damaged Shipments: If a shipment arrives damaged, the Customer should immediately report the damage to the Company’s customer service department. The Customer may be required to provide photos of the damaged packaging and product. The Company will work with the shipping carrier to resolve the issue and may offer a replacement or refund if the damage is confirmed.
6. Order Cancellations and Modifications:
6.1 Order Cancellation: Orders may be cancelled before they are processed or shipped by contacting the Company’s customer service department. Once an order has been processed or shipped, it cannot be cancelled, and the Customer must follow the return process outlined in the Returns & Refunds section.
6.2 Order Modifications: The Company will make reasonable efforts to accommodate requests for changes to the shipping address or order details before the order is processed. Once the order is in transit, modifications cannot be made, and the Customer must follow the return process if changes are necessary.
7. Shipping and Delivery Claims:
7.1 Claims for Loss or Damage: Any claims for lost or damaged shipments must be reported to the Company’s customer service department within 7 days of the estimated delivery date. The Company will work with the shipping carrier to investigate and resolve the claim.
7.2 Carrier Claims: For claims related to shipping carrier errors or issues, the Company will assist the Customer in filing a claim with the carrier. However, the responsibility for resolving carrier-related issues rests with the shipping carrier & customer.
8. Governing Law and Jurisdiction:
8.1 Applicable Law: These shipping and delivery terms and conditions shall be governed by and construed in accordance with the laws of Trinidad & Tobago, without regard to its conflict of law principles.
8.2 Exclusive Jurisdiction: Any disputes arising out of or relating to these shipping and delivery terms shall be subject to the exclusive jurisdiction of the courts of Trinidad & Tobago.
9. Miscellaneous:
9.1 Changes to Shipping and Delivery Policy: The Company reserves the right to modify these shipping and delivery terms and conditions at any time. Any changes will be effective immediately upon posting on the Company’s website or other public communication. The Customer is responsible for reviewing these terms and conditions periodically to ensure compliance with any changes.
9.2 Severability: If any provision of these shipping and delivery terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Entire Agreement: These shipping and delivery terms and conditions constitute the entire agreement between the Company and the Customer regarding shipping and delivery and supersede all prior agreements, understandings, or representations, whether written or oral.
5. Returns and Refunds
1. Return Eligibility:
1.1 Return Window: The Customer may return products purchased from the Company within 2 days from the date of delivery (the “Return Period”) for a refund or exchange, subject to the conditions outlined in this section. Returns outside of the Return Period will not be accepted.
1.2 Condition of Returned Products: To be eligible for a return, the product must be in its original, unused condition, with all original packaging, accessories, manuals, and tags intact. Products that are damaged, used, altered, or missing any components may not be eligible for a return and may be subject to a restocking fee of 15% of the product value.
1.3 Non-Returnable Items:
The following items are not eligible for return:
- Products that have been customized or made to order.
- Clearance, sale, or final sale items.
- Products that are not in their original packaging or have been opened (e.g., consumables, software, or sealed items).
- Gift cards and other digital products.
- Any other products explicitly marked as non-returnable on the product page or invoice.
2. Return Process:
2.1 Return Authorization: Before returning any product, the Customer must obtain a Return Merchandise Authorization (RMA) from the Company. To request an RMA, the Customer must contact the Company’s customer service department with the order number, product details, and reason for the return.
2.2 Shipping of Returns: Once an RMA is issued, the Customer will receive instructions on how and where to ship the returned product. The Customer is responsible for the cost of return shipping unless the return is due to an error by the Company (e.g., incorrect or defective product). The Company recommends using a trackable shipping method and purchasing shipping insurance, as the Company is not responsible for lost or damaged returns.
2.3 Return Address: All returns must be shipped to the return address provided by the Company’s customer service department. Returns sent to any other address may not be accepted or processed.
2.4 Inspection of Returns: Upon receipt of the returned product, the Company will inspect it to ensure that it meets the return eligibility criteria. The Company reserves the right to reject any return that does not comply with these terms and conditions.
3. Refunds:
3.1 Refund Processing: If the returned product meets the return eligibility criteria, the Company will process a refund to the original payment method within 30 days of receiving and inspecting the product. The time it takes for the refund to appear in the Customer’s account may vary depending on the payment method and financial institution.
3.2 Restocking Fees: The Company reserves the right to charge a restocking fee of 15% for returned products that are not defective or incorrect. The restocking fee will be deducted from the refund amount.
3.3 Refund Amounts: The refund will be for the purchase price of the returned product, less any applicable restocking fees, shipping charges, and discounts. Original shipping charges are non-refundable unless the return is due to an error by the Company. Any promotional discounts applied to the original order will be deducted from the refund amount.
3.4 Refund for Non-Returnable Items: Non-returnable items, as outlined in section 1.3, are not eligible for a refund.
4. Exchanges:
4.1 Exchange Policy: The Customer may exchange an eligible product for a different size, color, or model, subject to availability. Exchanges must be requested within the Return Period and follow the same process as returns. The Customer is responsible for any difference in price and additional shipping charges associated with the exchange.
4.2 Defective or Incorrect Products: If the Customer receives a defective or incorrect product, the Company will cover the cost of return shipping and provide a replacement or exchange at no additional charge. The Customer must notify the Company of the defect or error within 5 days of receiving the product.
5. Damaged or Lost Returns:
5.1 Customer Responsibility: The Customer is responsible for ensuring that the returned product is properly packaged and shipped to prevent damage during transit. The Company is not responsible for products that are damaged, lost, or stolen during the return shipping process.
5.2 Insurance and Tracking: The Company recommends that the Customer use a shipping service with tracking and insurance for returns, as the Company is not liable for any loss or damage that occurs before the product is received and inspected.
6. Cancellations:
6.1 Order Cancellation by Customer: The Customer may cancel an order before it has been shipped by contacting the Company’s customer service department. If the order has already been processed or shipped, the Customer must follow the return process outlined in these terms and conditions.
6.2 Order Cancellation by Company: The Company reserves the right to cancel any order at its discretion, including but not limited to cases where the product is out of stock, the pricing or product information is incorrect, or there is a suspicion of fraud. In such cases, the Customer will be notified, and a full refund will be issued.
7. Exceptions and Special Circumstances:
7.1 Extended Return Periods: The Company may offer extended return periods during special promotions or holiday seasons. Any such extensions will be clearly stated on the Company’s website or promotional materials.
7.2 Exceptions for Custom Orders: Custom or made-to-order products are not eligible for return or exchange unless they are defective or incorrect. The Company may, at its sole discretion, offer a partial refund or store credit in special circumstances.
8. International Returns:
8.1 International Return Policy: Customers outside Trinidad & Tobago may be subject to additional restrictions and costs for returns and exchanges, including but not limited to customs duties, taxes, and shipping fees. The Customer is responsible for all such costs, and the Company recommends contacting customer service before initiating an international return.
8.2 Refunds for International Orders: Refunds for international orders will be processed in United States Dollars (USD), and the refund amount may be affected by exchange rates, taxes, and duties. The Company is not responsible for any loss due to currency fluctuations.
9. Governing Law and Jurisdiction:
9.1 Applicable Law: These returns and refunds terms and conditions shall be governed by and construed in accordance with the laws of Trinidad & Tobago, without regard to its conflict of law principles.
9.2 Exclusive Jurisdiction: Any disputes arising out of or relating to these returns and refunds terms shall be subject to the exclusive jurisdiction of the courts of Trinidad & Tobago
10. Miscellaneous:
10.1 Changes to the Returns and Refunds Policy: The Company reserves the right to modify these returns and refunds terms and conditions at any time. Any changes will be effective immediately upon posting on the Company’s website or other public communication. The Customer is responsible for reviewing these terms and conditions periodically to ensure compliance with any changes.
10.2 Severability: If any provision of these returns and refunds terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
10.3 Entire Agreement: These returns and refunds terms and conditions constitute the entire agreement between the Company and the Customer regarding returns and refunds and supersede all prior agreements, understandings, or representations, whether written or oral.
4. Warranties
1. Product Warranties:
1.1 Limited Warranty: The Company warrants that the products sold will be free from defects in materials and workmanship under normal use and service for a period of 6 months from the date of delivery (the “Warranty Period”). This warranty applies only to the original purchaser and is non-transferable.
1.2 Exclusions: This warranty does not cover:
- Normal wear and tear, including but not limited to cosmetic damage such as scratches, dents, or discoloration.
- Damage caused by improper installation, inadequate or fluctuating power supply, maintenance, or use that is inconsistent with the product’s instructions or intended purpose.
- Damage resulting from accidents, abuse, misuse, negligence, fire, flood, or other acts of nature.
- Alterations, repairs, or modifications made by anyone other than an authorized service provider.
- Consumable parts, such as batteries or filters, unless failure has occurred due to a defect in materials or workmanship.
1.3 Warranty Claims: To make a warranty claim, the Customer must:
- Notify the Company in writing within 7 days of discovering the defect, providing a detailed description of the issue.
- Provide proof of purchase, including the original sales receipt or other evidence of the date of purchase.
- Return the defective product to the Company or an authorized service provider, following the instructions provided by the Company.
1.4 Company's Obligations: Upon receiving a valid warranty claim, the Company will, at its option:
- Repair or replace the defective product or part with a new or refurbished product or part of equal or greater value.
- Refund the purchase price of the product if repair or replacement is not feasible.
The Company will bear the cost of shipping the repaired or replacement product to the Customer, but the Customer is responsible for the cost of shipping the defective product to the Company or an authorized service provider.
3. Warranty Disclaimers:
3.1 No Implied Warranties: Except as expressly provided in these terms and conditions, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing, usage, or trade practice.
3.2 Third-Party Products and Services: The Company makes no warranties, express or implied, regarding any third-party products or services purchased through the Company or otherwise made available to the Customer. Any warranties for third-party products or services are provided solely by the third-party manufacturer or service provider, and the Customer must contact them directly for any warranty claims.
3.3 No Warranties Beyond the Warranty Period: The Company’s obligations under the warranties described in these terms and conditions are limited to the Warranty Period. The Company has no obligation to repair, replace, or refund any product or service that is found to be defective or unsatisfactory after the Warranty Period has expired.
4. Limitations on Liability:
4.1 Exclusion of Damages: To the maximum extent permitted by applicable law, the Company shall not be liable for any special, incidental, indirect, consequential, or punitive damages arising out of or in connection with the purchase, use, or performance of any product or service, even if the Company has been advised of the possibility of such damages. This includes, but is not limited to, loss of profits, revenue, data, or use of the product or service.
4.2 Limitation of Liability: In no event shall the Company’s total liability to the Customer for any and all claims arising out of or related to these warranties exceed the amount paid by the Customer for the product or service in question.
5. Warranty Service Procedures:
5.1 Return Authorization: Before returning any product for warranty service, the Customer must obtain a return authorization from the Company. The Company will provide instructions on how to return the product and may require the Customer to pay a deposit, which will be refunded if the warranty claim is validated.
5.2 Inspection and Testing: Upon receipt of the product, the Company or its authorized service provider will inspect and test the product to determine whether the defect is covered by the warranty. If the product is found to be non-defective or the defect is not covered by the warranty, the Company may charge the Customer a diagnostic fee and the cost of return shipping.
5.3 Repair or Replacement Timeframe: The Company will use reasonable efforts to repair or replace defective products or re-perform defective services within a reasonable timeframe. However, the Company does not guarantee that repairs or replacements will be completed within a specific period.
6. Transfer of Warranty:
6.1 Non-Transferable Warranty: The warranties provided in these terms and conditions are non-transferable and are only valid for the original purchaser of the product or service. Any attempt to transfer the warranty to a third party will result in the immediate termination of the warranty.
7. Governing Law and Jurisdiction:
7.1 Applicable Law: These warranty terms and conditions shall be governed by and construed in accordance with the laws of Trinidad & Tobago, without regard to its conflict of law principles.
7.2 Exclusive Jurisdiction: Any disputes arising out of or relating to these warranties shall be subject to the exclusive jurisdiction of the courts of Trinidad & Tobago.
8. Miscellaneous:
8.1 Severability: If any provision of these warranty terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
8.2 Entire Agreement: These warranty terms and conditions constitute the entire agreement between the Company and the Customer regarding the warranties provided herein and supersede all prior agreements, understandings, or representations, whether written or oral.
8.3 Modifications: The Company reserves the right to modify these warranty terms and conditions at any time, with or without notice to the Customer. Any modifications will be effective immediately upon posting on the Company’s website or other public communication. The Customer is responsible for reviewing these terms and conditions periodically to ensure compliance with any changes.
5. Limitation Of Liability
1. General Disclaimer of Liability:
1.1 No Warranties Beyond Manufacturer’s Warranty: The Company makes no express or implied warranties beyond those provided by the manufacturers of the Equipment. All Equipment is sold "as is" and "as available," and the Company expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
1.2 Third-Party Products and Services: The Company is not responsible for the performance, functionality, or any defects in third-party products or services, including but not limited to installation services, maintenance, or accessories purchased in connection with the Equipment. Any issues related to third-party products or services must be addressed with the respective provider.
1.3 No Guarantee of Results: The Company does not guarantee the effectiveness, performance, or results of any Equipment purchased. The Customer is solely responsible for determining the suitability of the Equipment for their intended use and environment. The Company is not liable for any claims related to the improper selection, misuse, or operation of the Equipment.
2. Exclusion of Indirect and Consequential Damages:
2.1 Types of Excluded Damages: The Company shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, loss of use, loss of goodwill, business interruption, or any other economic loss, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of or related to the purchase or use of the Equipment.
2.2 No Liability for Damages Caused by Delay: The Company shall not be liable for any damages resulting from delays in delivery, installation, or availability of the Equipment, regardless of the cause. This includes, but is not limited to, delays caused by manufacturing issues, transportation, customs clearance, natural disasters, or other force majeure events.
3. Limitation on Direct Damages:
3.1 Cap on Liability: In no event shall the Company’s total liability to the Customer, whether in contract, tort (including negligence), strict liability, or otherwise, exceed the amount actually paid by the Customer for the specific Equipment giving rise to the claim. This limitation applies regardless of the number of claims or the nature of the claim.
3.2 Single Recovery: The Customer agrees that they shall only be entitled to recover once for any single loss or damage, regardless of whether multiple claims arise from the same event, circumstance, or series of events or circumstances.
3.3 Exclusivity of Remedy: The remedies set forth in these terms and conditions are the Customer’s exclusive remedies, and the Customer agrees that they shall not have any further remedy, whether in contract, tort (including negligence), strict liability, or otherwise, beyond those expressly provided herein.
4. Assumption of Risk by Customer:
4.1 Use of Equipment at Customer’s Risk: The Customer acknowledges and agrees that the use of the Equipment involves inherent risks, including but not limited to physical damage to property, personal injury, and loss of business. The Customer assumes full responsibility for all risks associated with the operation, maintenance, and use of the Equipment.
4.2 Compliance with Laws and Regulations: The Customer is solely responsible for ensuring that the Equipment is used in compliance with all applicable laws, regulations, and industry standards. The Company shall not be liable for any fines, penalties, or other legal consequences resulting from the Customer's use of the Equipment.
5. Force Majeure:
5.1 No Liability for Force Majeure Events: The Company shall not be liable for any failure or delay in performing its obligations under these terms and conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, labor disputes, government actions, power outages, or other unforeseen events.
5.2 Suspension of Obligations: In the event of a force majeure event, the Company’s obligations under these terms and conditions shall be suspended for the duration of the event. The Company shall make reasonable efforts to mitigate the impact of the force majeure event and resume performance as soon as possible.
6. Customer Indemnification:
6.1 Indemnification Obligation: The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or related to the Customer's use of the Equipment, including but not limited to:
- 6.1.1 Any breach of these terms and conditions by the Customer;
- 6.1.2 Any violation of applicable laws, regulations, or industry standards by the Customer;
- 6.1.3 Any claims of personal injury, death, or property damage arising from the Customer’s use of the Equipment;
- 6.1.4 Any claims by third parties arising out of the Customer’s use of the Equipment.
7. Limitation on Claims:
7.1 Time Limit for Claims: Any claim against the Company arising out of or related to the purchase or use of the Equipment must be brought within 1 months from the date of delivery of the Equipment. The Customer agrees that any claims not brought within this time frame shall be deemed waived and forever barred.
7.2 No Assignment of Claims: The Customer may not assign or transfer any claims against the Company to any third party without the prior written consent of the Company. Any unauthorized assignment or transfer of claims shall be null and void.
8. Severability:
8.1 Severability of Provisions: If any provision of this Limitation of Liability is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these terms and conditions, and the remaining provisions shall remain in full force and effect.
8.2 Replacement Provision: In the event that a provision of this Limitation of Liability is found to be invalid, illegal, or unenforceable, the parties agree to replace such provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid, illegal, or unenforceable provision.
9. Entire Agreement:
9.1 Supersession of Prior Agreements: This Limitation of Liability, together with the other provisions of the terms and conditions, constitutes the entire agreement between the Customer and the Company regarding the limitation of liability and supersedes all prior agreements, understandings, or representations, whether written or oral, regarding the subject matter herein.
9.2 Amendments: Any amendments to this Limitation of Liability must be in writing and signed by both the Customer and an authorized representative of the Company.
6. Intellectual Property
1. Ownership of Intellectual Property:
1.1 Company's Intellectual Property: All intellectual property rights, including but not limited to copyrights, trademarks, service marks, logos, trade names, domain names, patents, designs, trade secrets, know-how, and any other proprietary rights, whether registered or unregistered, in and to the content, materials, products, software, and services provided by the Company (collectively, the “Company Intellectual Property”) are the sole and exclusive property of the Company or its licensors. The Company reserves all rights not expressly granted to the Customer under these terms and conditions.
1.2 Customer's Intellectual Property: The Customer retains ownership of any intellectual property they create independently of the Company. However, by submitting any content, designs, feedback, suggestions, or other materials to the Company, the Customer grants the Company a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials in any media, including in connection with the Company’s business operations, marketing, and promotional activities.
2. Use of Company Intellectual Property:
2.1 License Grant: Subject to these terms and conditions, the Company grants the Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the Company Intellectual Property solely for the purpose of purchasing, using, and interacting with the Company’s products and services. This license is granted for the Customer's personal or internal business use only and does not include any rights to sublicense, resell, distribute, publicly display, or otherwise commercialize the Company Intellectual Property.
2.2 Restrictions on Use: The Customer shall not, without the prior written consent of the Company:
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on any Company Intellectual Property.
- Use any Company Intellectual Property in any manner that could damage, disable, overburden, or impair the Company’s website, services, or systems, or interfere with any other party’s use of the Company’s products or services.
- Use the Company Intellectual Property for any purpose other than as expressly permitted under these terms and conditions, including for any illegal or unauthorized purpose.
2.3 Termination of License: The license granted to the Customer under this section will automatically terminate if the Customer breaches any of these terms and conditions. Upon termination, the Customer must immediately cease all use of the Company Intellectual Property and, at the Company’s option, return or destroy any copies of the Company Intellectual Property in the Customer’s possession.
3. Trademarks and Branding:
3.1 Use of Trademarks: The Company’s trademarks, service marks, logos, and trade names (collectively, the “Company Trademarks”) are the exclusive property of the Company. The Customer is not granted any rights to use the Company Trademarks without the prior written consent of the Company. Unauthorized use of the Company Trademarks is strictly prohibited.
3.2 Third-Party Trademarks: Any third-party trademarks, service marks, logos, or trade names that appear on the Company’s website or in connection with the Company’s products or services are the property of their respective owners. The use of these trademarks by the Customer is subject to the terms and conditions of the respective trademark owners.
4. Content and Copyright:
4.1 Copyright Ownership: All content, including but not limited to text, images, graphics, video, audio, software, and other materials provided by the Company (collectively, the “Content”), is protected by copyright laws and international treaties. The Company or its licensors own all rights, title, and interest in and to the Content.
4.2 Use of Content: The Customer may access, view, download, and print the Content for personal or internal business use only, provided that the Customer does not modify the Content in any way, remove any copyright or other proprietary notices, or use the Content in a manner that suggests an association with any of the Company’s products, services, or brands without prior authorization.
4.3 Prohibited Uses of Content: The Customer shall not:
- Reproduce, distribute, transmit, display, perform, publish, or broadcast the Content for any commercial purpose without the express written consent of the Company.
- Use the Content in any way that infringes the intellectual property rights of the Company or any third party.
- Upload, post, or otherwise make available any Content that is protected by copyright, trademark, or other proprietary rights without the permission of the rightful owner.
5. User-Generated Content:
5.1 License to User-Generated Content: If the Customer submits, uploads, or otherwise provides any content, including but not limited to comments, reviews, images, videos, or other materials (collectively, “User-Generated Content”), the Customer grants the Company a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content in any media.
5.2 Warranties and Representations: By providing User-Generated Content, the Customer warrants and represents that they own or have the necessary rights, licenses, consents, and permissions to use and authorize the Company to use all intellectual property rights in and to the User-Generated Content in the manner contemplated by these terms and conditions.
5.3 Prohibited Content: The Customer agrees not to submit any User-Generated Content that:
- Infringes upon the intellectual property rights of any third party.
- Is defamatory, obscene, offensive, or otherwise unlawful.
- Contains viruses, malware, or any other harmful code or content.
6. Infringement Claims:
6.1 Notice of Infringement: If the Customer believes that any Content or other material available through the Company’s website or services infringes upon their copyright or other intellectual property rights, the Customer must promptly notify the Company in writing. The notice must include:
- A description of the copyrighted work or other intellectual property that the Customer claims has been infringed.
- A description of the location where the alleged infringing material is found.
- The Customer’s contact information, including name, address, telephone number, and email address.
- A statement by the Customer that they have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
- A statement by the Customer, made under penalty of perjury, that the information in the notice is accurate and that they are the intellectual property owner or authorized to act on behalf of the intellectual property owner.
6.2 Company’s Response to Infringement Claims: Upon receipt of a notice of infringement, the Company may take any action it deems appropriate, including removing the allegedly infringing material, disabling access to it, or terminating the accounts of repeat infringers. The Company will notify the Customer if any such action is taken.
7. Indemnification:
7.1 Customer’s Indemnification Obligation: The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- The Customer’s use of the Company Intellectual Property or Content in violation of these terms and conditions.
- The Customer’s infringement of any intellectual property or other proprietary rights of the Company or any third party.
- Any User-Generated Content submitted by the Customer that infringes on the rights of a third party or violates any applicable laws.
8. Miscellaneous:
8.1 Reservation of Rights: All rights not expressly granted to the Customer in these terms and conditions are reserved by the Company. No implied licenses are granted under these terms and conditions.
8.2 Modifications: The Company reserves the right to modify or update this Intellectual Property section at any time. The Customer is responsible for reviewing this section periodically to ensure compliance with any changes.
8.3 Survival: The provisions of this Intellectual Property section shall survive the termination or expiration of these terms and conditions.
7. Governing Laws
1. Applicable Law:
1.1 Governing Law: These terms and conditions, and any disputes arising out of or relating to them, including but not limited to their validity, interpretation, performance, and enforcement, shall be governed by and construed in accordance with the laws of the Republic of Trinidad and Tobago, without regard to its conflict of law principles.
1.2 Exclusion of International Law: The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Any other international laws or treaties that may conflict with the laws of Trinidad and Tobago are also excluded.
2. Jurisdiction:
2.1 Exclusive Jurisdiction: The Customer agrees that any legal action or proceeding arising out of or relating to these terms and conditions shall be brought exclusively in the courts of Trinidad and Tobago. The Customer irrevocably submits to the exclusive jurisdiction of these courts and waives any objection to the laying of venue in such courts.
2.2 Consent to Service of Process: The Customer agrees that service of any process, summons, notice, or document by registered mail to their last known address shall be effective service of process for any legal action or proceeding brought in any court in Trinidad and Tobago.
2.3 Forum Non Conveniens: The Customer agrees not to claim that the courts of Trinidad and Tobago are an inconvenient forum or any similar doctrine that would allow a legal action to be brought in another jurisdiction.
3. Dispute Resolution:
3.1 Mandatory Mediation: Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute through mediation. The mediation shall be conducted in Trinidad and Tobago by a mediator agreed upon by both parties. If the parties cannot agree on a mediator, one shall be appointed by the Mediation Board of Trinidad and Tobago.
3.2 Costs of Mediation: The costs of the mediation, including the mediator's fees, shall be shared equally by both parties. Each party shall bear its own costs of preparing for and participating in the mediation.
3.3 Failure of Mediation: If the mediation fails to resolve the dispute within [number] days of the commencement of the mediation process, either party may then proceed to initiate legal action in the courts of Trinidad and Tobago.
4. Enforcement of Judgments:
4.1 Domestic Enforcement: Any judgment or order of a court in Trinidad and Tobago arising out of or in connection with these terms and conditions shall be enforceable in accordance with the laws of Trinidad and Tobago.
4.2 International Enforcement: If a court of competent jurisdiction outside of Trinidad and Tobago renders a judgment in relation to these terms and conditions, the Customer agrees that such a judgment may be enforced in Trinidad and Tobago subject to the laws and regulations governing the recognition and enforcement of foreign judgments.
5. Legal Compliance:
5.1 Compliance with Local Laws: The Customer is responsible for complying with all applicable local laws and regulations of the jurisdiction in which they operate or reside, including but not limited to any import/export regulations or restrictions related to the purchase and use of the Company’s products.
5.2 Legal Advice: The Customer is encouraged to seek independent legal advice to ensure that they understand their rights and obligations under these terms and conditions, especially in the context of the governing law of Trinidad and Tobago.
6. Limitation of Claims:
6.1 Time Limitation: Any claim or cause of action arising out of or related to these terms and conditions must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. This limitation period shall apply irrespective of any conflicting statutes of limitations under the laws of Trinidad and Tobago or any other jurisdiction.
7. Severability of Governing Law Provisions:
7.1 Severability Clause: If any provision of this Governing Law section is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these terms and conditions. The remaining provisions shall remain in full force and effect.
7.2 Replacement of Invalid Provisions: In the event that any provision of this Governing Law section is found to be invalid or unenforceable, the Company and the Customer agree to replace such provision with a valid and enforceable provision that most closely reflects the original intent of the invalid or unenforceable provision.
8. Entire Agreement and Governing Law:
8.1 Supersession of Previous Agreements: This Governing Law section, along with the rest of these terms and conditions, constitutes the entire agreement between the Company and the Customer with respect to the subject matter herein and supersedes any prior agreements, representations, or understandings, whether written or oral.
8.2 Binding Effect: This Governing Law section shall be binding upon and inure to the benefit of the Company and the Customer, as well as their respective successors and assigns.
8. Amendments
1. Right to Amend Terms and Conditions:
1.1 Company's Right to Amend: The Company reserves the right to amend, modify, update, or revise these terms and conditions at any time without prior notice to the Customer. Any such amendments will be effective immediately upon posting on the Company’s website or upon notification to the Customer via email or other communication methods.
1.2 Scope of Amendments: Amendments may include, but are not limited to, changes in pricing, product descriptions, payment terms, shipping policies, warranties, returns, and limitations of liability. The Company may also revise procedures for order placement, dispute resolution, or any other operational processes covered by these terms and conditions.
1.3 Material Changes: In the event of any material changes to these terms and conditions that may significantly affect the Customer's rights or obligations, the Company will make reasonable efforts to notify the Customer directly. Material changes include, but are not limited to, significant alterations to the pricing structure, liability limitations, or the introduction of new fees.
2. Customer's Acceptance of Amendments:
2.1 Deemed Acceptance: By continuing to use the Company’s services, website, or by placing any further orders after amendments have been made to these terms and conditions, the Customer is deemed to have accepted the updated terms. If the Customer does not agree with the amended terms, they must cease using the Company’s services and refrain from placing new orders.
2.2 No Retroactive Effect: Amendments to these terms and conditions will not apply retroactively. Orders placed prior to the effective date of the amendment will be governed by the terms and conditions in effect at the time of the order placement.
2.3 Review of Amendments: It is the Customer’s responsibility to regularly review the terms and conditions for any amendments. The Company encourages Customers to check the website periodically to stay informed about any updates or changes.
3. Process for Customer-Initiated Amendments:
3.1 Request for Amendment: If the Customer wishes to request an amendment to any specific terms related to their order, such as payment terms, delivery schedules, or product specifications, they must submit a written request to the Company. The request should include detailed information about the desired amendment and the reasons for the request.
3.2 Company’s Discretion to Approve: The Company is under no obligation to accept any Customer-initiated amendments. The decision to approve or deny such requests will be at the sole discretion of the Company. If the Company agrees to the requested amendment, it will provide the Customer with written confirmation of the agreed changes.
3.3 Modification of Orders: Any changes to an existing order requested by the Customer, such as changes to the quantity, model, or delivery details, will be subject to the Company’s order modification policy as outlined in the "Orders" section of these terms and conditions.
3.4 Fees for Amendments: The Company reserves the right to charge the Customer any applicable fees associated with processing amendments to an order or agreement. These fees will be communicated to the Customer prior to finalizing the amendment.
4. Effective Date of Amendments:
4.1 Effective Date for Company-Initiated Amendments: Amendments made by the Company will take effect on the date specified in the amendment notice. If no specific date is provided, the amendments will be effective immediately upon being posted on the Company’s website or upon notification to the Customer.
4.2 Effective Date for Customer-Initiated Amendments: Amendments requested by the Customer and accepted by the Company will take effect on the date mutually agreed upon by both parties. This date will be specified in the written confirmation provided by the Company.
4.3 Impact on Existing Orders: For orders that have already been placed and confirmed, any amendments made after the order date will not affect the original terms unless both the Customer and the Company mutually agree to apply the amendments retroactively.
5. Amendments to Specific Agreements or Contracts:
5.1 Individual Agreements: In cases where the Company and the Customer have entered into a specific agreement or contract that deviates from these standard terms and conditions, any amendments to that specific agreement will require mutual consent from both parties. Such amendments must be documented in writing and signed by both the Customer and an authorized representative of the Company.
5.2 Supersession of Terms: If a specific agreement or contract contains terms that differ from these standard terms and conditions, the terms of the specific agreement will take precedence. However, any general amendments to these standard terms and conditions will apply to all future orders unless otherwise specified in the specific agreement.
6. Communication of Amendments:
6.1 Notification Methods: The Company may communicate amendments to these terms and conditions through various methods, including but not limited to:
- Email Notifications: Direct emails to Customers who have active accounts or pending orders.
- Website Updates: Posting the updated terms and conditions on the Company’s website.
- In-Store Notices: Physical notices displayed at the Company’s physical locations.
- Order Confirmation: Inclusion of updated terms in order confirmation emails.
6.2 Customer Acknowledgment: By placing an order or continuing to engage with the Company’s services after an amendment has been communicated, the Customer acknowledges receipt and acceptance of the updated terms and conditions.
7. Severability of Amended Terms:
7.1 Severability Clause: If any amended term or provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such term or provision shall be severed from the remainder of the terms and conditions. The remaining terms and conditions shall remain in full force and effect.
7.2 Replacement of Invalid Terms: In the event that an amended term is found to be invalid or unenforceable, the Company and the Customer agree to replace such term with a valid and enforceable provision that most closely reflects the original intent of the invalid or unenforceable provision.
8. Entire Agreement and Amendments:
8.1 Supersession of Previous Agreements: These terms and conditions, as amended from time to time, constitute the entire agreement between the Company and the Customer with respect to the subject matter herein. They supersede any prior agreements, representations, or understandings, whether written or oral.
8.2 Binding Effect: Any amendments to
these terms and conditions will be binding on both the Company and the
Customer. The Customer agrees to be bound by the most current version of these
terms and conditions as posted on the Company’s website or communicated
directly by the Company.