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This Agreement
Is made between
First Choice POS (referred to as ”FCP”) and the
Customer (referred to as “Customer”, “You”, “Buyer” or “Reseller”).
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Cabling, Connectors &
DSL/Cable Router
The
Customer is responsible for installing network cabling, connectors and a
DSL/Cable Router with sufficient plug-in connections for network cables to
each computer, router, POS station, kitchen display system, printer and/or
print server, etc. All wired network hardware requires Category 5 or Category 6
network cables and proper electrical line conditioning.
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DSL or Internet Cable
Line
The Customer is responsible for
installing a dedicated DSL or Internet Cable line into one computer (usually
into the back office computer) for credit card processing and remote support
connection.
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Electrical
The
Customer is responsible for providing dedicated electrical outlets for each
computer, router, POS station, kitchen display system, printer and/or print
server, separate credit card terminal, etc., including proper line
conditioning by installing surge protectors and/or battery backup hardware
with built-in surge protection.
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Battery
Backup Hardware
The Customer is responsible for
purchasing battery backup hardware (we recommend installing a UPS Power
Backup device at each POS station, prep printer station and separate credit card terminal). UPS Power
Backup devices can be purchased at any office supply store.
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Supplies
The Customer is responsible for
purchasing printer supplies such as 3-inch thermal & non-thermal paper rolls for
receipt and remote prep printers and replacement printer
ribbons for kitchen prep station printers, paper rolls for bar code
printers, etc.
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Anti-Virus Software
The customer is responsible for
purchasing anti-virus software for each computer (we recommend using VIPRE
anti-virus from Sunbeltsoftware.com.)
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Monitor for back office
computer/file server
Monitor for back
office computer/file server is
not included in proposal.
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POS (Point of Sale)
System Bundles
POS system bundles include POS-X POS touch terminal with MS Windows XP, AMIGO POS software license and
POS-X USB thermal receipt printer.
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Back Office File Server
There will be an additional $250 setup & configuration fee for any customer
providing their own back office file server. First Choice POS support staff is
responsible for installing Aldelo restaurant software and linking it to front POS
stations only.
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Credit Card Merchant
Services and Credit Card Processing Software
The Customer must purchase one of
Aldelo EDC Credit Card Software solutions and have their Merchant Service
Solutions Provider install and setup credit card processing, working with
Aldelo's support team as needed.
FCP does not install or setup Aldelo credit card software.
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Payment Terms
First Choice POS (FCP) agrees
to sell you and you agree to buy from FCP the products, services and
software (the “Products”) as described and under the conditions shown in
this Agreement. Payment in full of the price set forth on the price
quote proposal is due prior to
shipment of products. FCP incurs no obligation whatsoever under this
Agreement until the price set forth is paid in full.
Get a Price Quote
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Accepted Payment
Methods For “Cash Price Quotes”:
Bank Wire Transfer:
Bank Name: US Bank
Bank Address: 1933
Foothill Blvd, La Verne, CA 91750
Bank Telephone:
1-909-596-1972 (Direct)
Bank Telephone:
1-800-872-2657 (24-Hour Services)
Bank Fax:
1-909-593-1939 (Direct)
Routing No: 122235821
Account No:
153465919964
Payee Name: FIRST
CHOICE POS
Payee Address: 1407
Foothill Blvd #71, La Verne, CA 91750
Payee Telephone:
1-909-786-2628
Payee Fax:
1-866-328-0168
SWIFT: USBKUS44IMT
(Required for “International Wire Transfers” Only)
After completing the
bank wire transfer - email us the following:
Copy of the
bank wire transfer information
Copy of
your First Choice POS (FCP) price quote so we know what and where to ship
your products
Fax copies
to: 1-866-328-0168 or email copies to:
sales@1stchoicepos.com
Lease Financing:
Have your
lease financing agent send a Bank Wire Transfer as describe above.
Total
amount of the Price Quote must be paid in full before we ship your products.
After
completing the bank wire transfer - email us the following:
Copy of the
bank wire transfer information
Copy of
your First Choice POS (FCP) price quote so we know what and where to ship
your products
Fax copies
to: 1-866-328-0168 or email copies to:
sales@1stchoicepos.com
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Shipping Methods:
Shipments Inside of
Continental United States: Customer is responsible for all shipping costs plus duty.
Backordered items are shipped as soon as available from supplier.
Ownership passes to customer as soon as products are delivered to the
shipper or are delivered electronically. Tracking numbers and delivery
confirmation are provided by request only. Allow up to 10 days for
delivery. UPS Ground and/or FedEx Ground is used for point of
sale hardware products drop-shipped directly from supplier warehouse to
customer inside continental U.S.A. Ground shipments are not available to
customers outside of continental U.S.A.
Shipments Outside of
Continental United States: We use FEDEX AIR to ship
overseas to some countries. If FEDEX does not deliver to your country
then you must locate a freight forwarding company inside the United
States for us to ship products to. The freight forwarder will
forward products to your shipping location, handle paperwork, customs,
etc.
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Sales Tax
Policy
CUSTOMER HAS READ AND
ACCEPTS
FCP SALES TAX POLICY
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Replacement Policy
CUSTOMER HAS READ AND
ACCEPTS
FCP
PRODUCT REPLACEMENT
POLICY
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Return Policy
THERE IS A 25% RESTOCKING FEE FOR ALL RETURNED ITEMS. CUSTOMER IS
RESPONSIBLE FOR ALL SHIPPING & INSURANCE COSTS. CUSTOMER HAS READ AND
ACCEPTS THE
FCP RETURN POLICY
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Support Policy
CUSTOMER HAS READ AND ACCEPTS
THE
FCP SUPPORT POLICY
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Onsite Installation and
Support
For installations outside of California, support requiring overnight stay or
is travel from San Dimas, CA to customer site is over 50 miles, the
customer is responsible for payment of all travel expenses (including
airfare, hotel mileage and/or rental car). Customer may be asked to help
locate a hotel room near the job site at a cost not to exceed $125/per
night. Customer must provide meals & beverages to FCP support technician
during the installation. Customer must pay for any cost incurred due to
travel arrangements being changed at customer's request. First Choice POS
(FCP) requires 3-weeks advance notice to schedule onsite installation.
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Software Evaluation &
Acceptance
CUSTOMER HAS EVALUATED SOFTWARE PRODUCT BY DOWNLOADING A SOFTWARE DEMO
AND/OR VIEWING ONLINE DEMO, SCREENS, PRODUCT SPECIFICATIONS, PRODUCT
FEATURES, SYSTEM REQUIREMENTS AND OTHER PRE-SALES PRODUCT INFORMATION AND IS
100% SATISFIED WITH THE SOFTWARE PRODUCT. CUSTOMER ACCEPTS THAT ONCE
INSTALLED AND ACTIVATION CODES HAVE BEEN ISSUED, THERE IS NO REFUND
AVAILABLE FOR SOFTWARE. (DO NOT PURCHASE UNTIL YOU THOROUGHLY EVALUATE
SOFTWARE).
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No Warranties
FCP IS SELLING POS
HARDWARE PRODUCTS TO YOU “AS IS”. YOU ACKNOWLEDGE THAT FCP DOES
NOT MANUFACTURE POS SOFTWARE & HARDWARE PRODUCTS. HOWEVER, THE MANUFACTURES OF THE POS
SOFTWARE& HARDWARE PRODUCTS DO PROVIDE
PRODUCT WARRANTIES.
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Software
Disclaimer
SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. FCP obligations
with respect to its software products and services are governed solely by
the agreements under which they are provided. FCP further does
not warrant the accuracy and completeness of the software or services.
FCP may make changes to the software and services or to product
prices at any time without notice. The entire risk arising out of the use or
performance of the product remains with the customer.
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Limitation
of Liability
IN NO EVENT WILL FCP, ITS SUPPLIERS, OR OTHER THIRD PARTIES, BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE THE SOFTWARE PRODUCTS, OR THE RESULTS OF USE,
OR DOCUMENTATION MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ITS
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT FCP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
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Time Limit
to Bring Action
Despite any statute or law to the contrary, any controversy or claim
arising from or relating to this agreement (whether by Contract, tort, or
both) including breach of this agreement shall be brought within one year
after it arises.
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Applicable
Law
This Agreement and
dispute arising from the relationship between the parties to this Agreement
shall be governed by California law.
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Entire
Agreement
This Agreement and all
Attachments and Policies referred to in this Agreement constitutes the final,
complete and exclusive statement of the terms of the agreement between the
parties pertaining to the purchase and sale of the Products and supersedes
all prior and contemporaneous understandings or agreements of the parties.
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Severability
of Agreement
If an Arbitrator or court of competent jurisdiction holds any provisions
of this Agreement to be illegal, unenforceable or invalid in whole or in part
for any reason, the validity and enforceability of the remaining provisions
or portions of them will not be affected.
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Attorneys
Fees and Costs
In any litigation, arbitration, or other proceeding by which one party
seeks to enforce its rights under this Agreement (whether in Contract, tort,
or both) or seeks to enforce its rights under this Agreement. The prevailing
party shall be awarded reasonable attorney’s fees, together with any costs
and expenses, to resolve and to enforce the final judgment.
