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Terms & Conditions

Custom Mounting Solutions, hereby referred to CMS, is an in house working division of Instrument Service Contractors, Inc., hereby referred to ISCON, Inc.  All billing and transactions will/may have ISCON, Inc. listed on the documents.  All parties, by placing orders or contacting CMS, agree to this listing and condition.

General Terms and Conditions

Orders

An order is not binding upon CMS until it is accepted. CMS must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with CMS. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Corporate Accounts or net 30 day accounts may be pre-arranged for repeated customers or large order customers prior to order.  Failure to receive credit approval prior to order, releases CMS from all conditions and liabilities.

Cancelled Orders

You may request that an order be cancelled provided the order has not already been processed and shipped. Simply call 1-888-472-6610 during CMS hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order.

Volume Discounts

CMS has a volume discount of 5% for multiple unit purchases up to five (5) units.  Six (6) or more units receive a 10% discount.   Orders larger than 100 units will receive our largest discount of 15%.  We work hard to negotiate the best values on the materials to manufacture the products and to keep our prices as low as possible.

Shipping Charges

Your total cost for purchase of any product will include the shipping and handling charges shown on your CMS invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to CMS.

Risk of Loss

CMS will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. CMS reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow CMS to sign appropriate documents on Customer's behalf to permit CMS to protect its purchase money security interest. CMS will advise Customer of estimated shipping dates, but CMS will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between CMS and Customer shall be governed by the laws of the State of Georgia, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. CMS and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Georgia, Richmond County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against CMS that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Georgia law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with CMS's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between CMS and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between CMS and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

Recordings

CMS does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with CMS unless Customer has provided clear and conspicuous notice to CMS and has received prior written consent from CMS.

Product Listings

CMS strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Web site. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, CMS shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other Web sites from CMS are provided as resources to customers looking for additional information and/or professional opinion. CMS does not assume responsibility for the claims and/or representations made on these or any other Web sites.

Product Revisions

CMS is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, CMS puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. This includes but is not limited to new designs, product configurations, and other variations that may be considered inconsequential by CMS. Consequently, CMS will not be held responsible for product revision changes.

Product Reviews

CMS reads all reviews before posting them and reserves the right to deny any review.

Here are some of the things that can cause a review to be denied:

  • Offensive or abusive language
  • Prices and availability can change on the CMS Web site, so please leave such information out of your review
  • Hyperlinks/URLs
  • References to other stores/resellers
  • Comments on products that were either physically damaged or misused
  • Replies to existing customer reviews; please do not attempt to initiate discussions here
  • Comparisons to competing brands/products of competing brands
  • Criticism of CMS’s service or the service of our operations partners. (FedEx, UPS, PayPal, etc.)
  • References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation
  • Illegal content
  • Invasions of personal privacy
  • Pornography or obscenity
  • Hate or incitement of violence, threats of harm or safety of a person
  • Graphic violence or other acts resulting in serious injury or death
  • Any violations of copyright
  • Any violation of laws and/or copyrighted musical works

We may change these policies at any time without notice.

Security

Security is our number one priority. All on-line transactions are sent through our secure server and encrypted with 256-bit technology. Once we receive your information through the internet, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost level of security.

Privacy

CMS respects your privacy. We will not under any circumstances sell or release your information to anyone.  All of the information obtained from our Web site will be used for processing purposes only. The only e-mails you will receive from CMS are updates to any recent orders and/or returns

Resellers

CMS currently has a reseller or discount program available to merchant vendors with approval. Pricing for these arrangements are discussed with each merchant vendor.  If you are interested in reselling our product and are an approved merchant vendor, please contact us at 1888-472-6610.

  • Tax: All customers outside of Gerogia will not be charged any state sales tax. Therefore, there is no need to fax or set up any reseller tax exemption form.
  • For Georgia Resellers: please fax over your tax exempt form with your application to 1-706-793-6604.

Limitation of Liability

IN ALL CIRCUMSTANCES CMS'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD.  CMS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT.  CMS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT CMS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.



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