Software and Supplies such as paper, ink, ribbon, labels, pvc cards, etc, are non-returnable and non-refundable.
Please be sure to choose the correct item.
The following items may NOT be returned to POS OF AMERICA:
· Items from orders that are over 90 days old.
· Discontinued items
· Items from discontinued vendors
· Special Order items and Consumables
· Items not purchased from POS OF AMERICA.
· Items missing the original packaging.
· Items which have undergone revisions w/out being assigned a new part # by the manufacturer.
· Items from the following manufacturers require returns to be handled directly through their own Returns Dept:
Other manufacturers may have return policies specific to individual products. Please contact your customer service rep for details.
CUSTOMERS MUST CALL THESE MANUFACTURERS DIRECTLY FOR RETURN AUTHORIZATION
We offer Free Ground Shipping (US Continental only) on orders over $ 120.
For export orders or U.S. territories outside of the continental U.S., we do our best to provide the most cost effective means of shipment. If you would prefer to use your own freight forwarding company or a better shipping option, please contact us with the necessary information to ensure the packages are shipped accordingly.
Pricing and Website Accuracy
We make our best effort to keep the information on our site accurate. Prices are subject to change without notice. In the event a price is found to be incorrect, or a product is not accurately depicted with features, etc..., we will contact the customer to inform them.
POS of America and Web Consulting Company offers products from various companies. We are an independent reseller of these products, working with their distribution channels to offer these products. All trademarks belong to their respective holders. The absence of a product or service name or logo belonging to respective companies anywhere in the text of this site does not constitute a waiver of their trademark or other intellectual property rights concerning that name or logo. All other products, logos, and brand names are trademarks and/or registered trademarks of their respective companies. POS of America and Web Consulting Company disclaims any and all rights in these marks. We make our best effort to represent the products offered on this site with accuracy and clarity as to the manufacturer of the product, logos, and information pertaining to the products. We will gladly honor reasonable requests by these companies to depict information differently, or update information in connection with their company. This includes, but is not limited to, updating logos, slogans, descriptions, etc..., of the products and information contained on this site. The use of a logo, company name, trademark, description, or any other reference to products listed on our site does not indicate affiliation with, endorsement by, or representation by respective companies on our site.
TERMS AND CONDITIONS
The following terms and conditions shall apply to all sales by POS OF AMERICA .COM (“POS OF AMERICA”) to the Purchaser of any and all Products and to all quotations and offers made by and purchase orders accepted by POS OF AMERICA. Any different or additional terms and conditions contained in any other document submitted by the Purchaser are hereby rejected. Neither POS OF AMERICA t’s commencement of performance or shipment or delivery of product shall be deemed or construed as acceptance of any additional or different terms and conditions proposed by Purchaser. Purchaser agrees that all purchase orders placed by Purchaser, shall be governed by this Agreement, whether or not such terms and conditions accompany POS OF AMERICA’s shipment of products.
1. Purchase Price and Taxes. The purchase prices for Products shall be the amounts set forth in the purchase order. Unless otherwise agreed in writing by POS OF AMERICA, such prices are exclusive of any applicable sales, use, excise, property or other federal, state, county, municipal, local or foreign taxes, value-added or other indirect taxes, customs duties, tariffs or other imposts, and any related penalties and interest (collectively, the “Taxes”). Purchaser shall pay when due any Taxes (other than any tax based solely on the net income of POS OF AMERICA) arising out of the transactions contemplated by this Agreement and shall indemnify and hold harmless POS OF AMERICA from any and all such Taxes.
2. Terms of Payment and Delivery. Except where otherwise provided herein or specified in writing by POS OF AMERICA (i) the terms of payment hereunder are net cash fifteen (15) days from the date of POS OF AMERICA’s invoice, without deduction or setoff of any kind, (ii) all payments shall be made in United States dollars, and (iii) products shall be shipped to Purchaser F.O.B. origin. Customers will be charged COD unless POS OF AMERICA’s credit application has been completed and approved. Most major credit cards are accepted. An invoice will be forwarded at the time of shipment, and POS OF AMERICA shall use reasonable efforts to ship Products in accordance with POS OF AMERICA’s announced shipment schedule by the method specified by Buyer; provided, however, that all shipment and delivery dates are approximate. Shipments of Products are in all cases subject to availability, and partial shipments by POS OF AMERICA of quantities of Products requested in the Purchase Order are permitted.
3. Returns. EXCEPT FOR CUSTOM LABELS AND SOFTWARE, all other merchandise may be returned to POS OF AMERICA within 15 days from date of shipment under the following conditions: 1) A Return Material Authorization (“RMA”) number is first obtained from POS OF AMERICA’s Customer Service Department prior to returning any qualified product. 2) All returned merchandise must be packaged in the original manufacturer’s box(s) and include all manuals, cables, warranty cards, static bags, etc. 3) Returned items must be unused, clean and free of damage of any kind. 4) Purchaser shall be responsible for any freight charges incurred in returning merchandise to POS OF AMERICA. A minimum restocking fee of 25% ($25 minimum) will be charged by POS OF AMERICA for any item returned. All merchandise is non-returnable to POS OF AMERICA after 15 days from date of shipment. ALL CUSTOM LABELS ARE SUBJECT TO OVER / UNDER RUNS OF 10%. EXACT QUANTITY RUNS MUST BE SPECIFIED AT TIME OF ORDER AND WILL INCUR AN ADDITION CHARGE; SALES OF CUSTOM LABELS ARE FINAL.
4. Risk of Loss. Anything herein or in applicable law to the contrary notwithstanding, Purchaser shall bear the risk of loss, deterioration or damage to the Products from the time they are placed by POS OF AMERICA in the possession of a carrier.
5. Reservation of Security Interest. POS OF AMERICA reserves and retains a security interest in the Products and the proceeds thereof until payment therefore in full has been made by Purchaser. This contract constitutes a security agreement between Purchaser, as debtor, and POS OF AMERICA, as secured party, under the Uniform Commercial Code, and POS OF AMERICA has the rights and remedies of a secured party thereunder. Purchaser authorizes POS OF AMERICA to file financing statements and to do any other act or thing necessary or useful in perfecting POS OF AMERICA’s security interest in the Products and shall cooperate fully with POS OF AMERICA in this regard.
6. Service Fee and Collection Costs. Purchaser shall pay a delinquency and service fee of ten percent (10%) per annum on amounts due POS OF AMERICA, computed for each twenty-four (24) hour period during which payment remains in arrears.
7. Acceleration. POS OF AMERICA may demand immediate payment of any and all amounts owed by Purchaser to POS OF AMERICA hereunder or under another contract of sale between Purchaser and POS OF AMERICA, and cancel any previously accepted Purchase Order, by written notice to Purchaser, upon any material breach by Purchaser of this Agreement.
8. Warranties and Purchaser’s Remedies. POS OF AMERICA transfers to Purchaser all warranties, if any, that POS OF AMERICA has received from the manufacturer only to the extent provided by the manufacturer and subject to all conditions of such manufacturer’s warranty. Should any Products be found not to conform with the manufacturer's warranty during the warranty period, Purchaser shall promptly notify POS OF AMERICA, and POS OF AMERICA shall, at its sole option, shall (i) contact the manufacturer and request that it provide to the Purchaser the remedy available from the manufacturer, if any; (ii) repair or replace the defective Product; or (iii) refund to Buyer or issue a credit to Buyer for the purchase price of the defective Product. Buyer must contact POS OF AMERICA for a Return Material Authorization (“RMA”) number before returning any Product for warranty repair.
9. DISCLAIMER OF WARRANTIES. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, POS OF AMERICA DOES NOT MAKE ANY AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR ARISING BY USAGE OF TRADE OR COURSE OF DEALING, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY AGAINST INFRINGEMENT.
10. LIMITATION OF LIABILITY. POS OF AMERICA’S LIABILITY TO PURCHASER FOR DEFECTIVE OR NON-CONFORMING PRODUCTS, FOR DELAY IN SHIPMENT OR DELIVERY, OR FOR ANY OTHER BREACH OF THIS AGREEMENT, SHALL BE LIMITED TO ITS OBLIGATIONS AS STATED IN THIS AGREEMENT.
(a) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PURCHASER EXPRESSLY AGREES THAT POS OF AMERICA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS OR LOSS OF GOOD WILL, WHETHER CLAIMED UNDER CONTRACT, TORT, INDEMNITY OR ANY OTHER LEGAL THEORY.
(b) PURCHASER EXPRESSLY AGREES THAT UNDER NO CIRCUMSTANCES SHALL POS OF AMERICA’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY SALE HEREUNDER (INCLUDING BUT NOT LIMITED TO ANY WARRANTY CLAIMS HEREUNDER) EXCEED THE TOTAL AMOUNT THAT PURCHASER PAYS TO POS OF AMERICA HEREUNDER FOR THE PURCHASE OF THE PRODUCT THAT IS THE SUBJECT OF SUCH LIABILITY.
(c) Any action for breach herein or any other action otherwise arising hereunder must be commenced within twelve (12) months after the cause of action accrues, or such action shall be deemed barred.
11. Purchaser’s Remedies Exclusive. The purchaser’s remedies set forth herein shall be the sole and exclusive remedies of purchaser and American Barcode Concepts’ sole and exclusive liability.
12. Patent Indemnification. Purchaser shall hold POS OF AMERICA harmless against any expense or liability from claims of unfair competition or infringement or contributory infringement of any patents, trademarks or copyrights related to Products sold hereunder or to Purchaser’s use of any Product in combination with products not supplied by POS OF AMERICA.
13. Force Majeure. POS OF AMERICA shall be excused from liability for unusual delays or failure to deliver or fill any Purchase Order where caused by acts of God, fires, floods, strikes, work stoppages, accidents, allocations or other controls, or regulations, including export or import regulations of any foreign or U.S. federal, state or local government, shortage of trucks or any other means of transportation, fuels, materials or labor, or any other cause beyond POS OF AMERICA’s reasonable control, whether or not similar in kind or class to those mentioned.
14. Miscellaneous. Any dispute or difference between the parties pertaining to these terms and conditions may be referred to arbitration and shall upon and after such reference be finally settled by arbitration to be held at Miami, FLORIDA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The terms and conditions shall be construed and enforced pursuant to laws of the State of Florida, U.S.A., exclusive of the laws relating to conflict of laws. In the event of any arbitration, litigation or other dispute arising as a result of or by reason of these terms and conditions, the prevailing party in any such dispute shall be entitled, in addition to any other damages assessed, to its reasonable attorneys’ fees and all other costs and expenses incurred in connection with settling or resolving such dispute. A waiver by either party hereto of any term or condition hereof shall not be construed as a waiver or modification of any other term or condition hereunder or any other contract governing this contract. No rights or remedies are waived or modified by POS OF AMERICA unless expressly waived in writing by POS OF AMERICA. If any part of this Agreement is held void or unenforceable, such part shall be treated as severable, leaving valid the remainder. POS OF AMERICA’s remedies herein provided shall be cumulative and in addition to any other or further remedies provided by law or equity.
15. POS of America and Web Consulting Company maintains this Internet site as a service to the Internet community. Use of the information contained in this is for personal, non-commercial, use only. Reproduction or modification of any information contained in this site is prohibited without the express written consent of POS of America and Web Consulting Company. We make no representations that the information contained in this site is appropriate, available or permissible for use in all locations.
16. LIABILITY DISCLAIMER THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. POS of America and Web Consulting Company DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POS of America and Web Consulting Company MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THIS SITE. POS of America and Web Consulting Company shall not be liable for any damages or expenses of any kind arising out of your use, access or inability to access this site or your reliance on the information contained in this site. POS of America and Web Consulting Company shall not be held responsible for damage or loss of any kind due to your use of any product purchased at POS of America and Web Consulting Company . Our maximum liability to you is the amount paid for the product. Products mentioned on our site are not necessarily endorsed by POS of America and Web Consulting Company . We do not make any warranties about the products in our store or the accuracy of our product listings or technical specifications. Any issues arising from a product should be handled as part of the return policy and/or warranty procedures.
17. RIGHT TO CHANGE OR MODIFY POS of America and Web Consulting Company reserves the right to change modify and/or withdraw the information in this site at any time without notice. POS of America and Web Consulting Company reserves the right to change, modify and/or withdraw any products and services at any time without notice. 4. JURISDICTION These terms and conditions shall be construed and interpreted according to the laws of the State of Florida, United States of America, without regard to the conflict of law principles or rules. These terms and conditions form the entire understanding and agreement with respect to the subject matter hereof and supersedes any and all prior understandings or agreements.
18. SEVER ABILITY If any term or condition shall, to any extent, be invalid or unenforceable, the remainder of the terms and conditions shall not be affected thereby, nor shall the application of such term or provision to persons or circumstances other than those as which it is held invalid or unenforceable be affected thereby.
19. OTHER WEB LINKS This site may be linked to other sites which are not controlled by POS of America and Web Consulting Company and for which we are not responsible for the content of those sites. Inclusion of a link to another site does not imply an endorsement by POS of America and Web Consulting Company
20. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of POS of America and Web Consulting Company or their content suppliers and protected by US and international copyright laws. The compilation meaning the collection, arrangement and assembly of all content on this site is the exclusive property ofPOS of America and Web Consulting Company protected by US and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.
21. RIGHT TO REFUSAL We reserve the right to limit quantities and/or to reject orders at our discretion.
22. Cancellation of Orders A consumer who wishes to cancel an order is required to contact us immediately. Cancellations are not guaranteed. If the consumer contacts us before the item has been processed, then the order can be cancelled and the consumer will not incur any charges. If the consumer contacts us after the order has been processed, the consumer will be unable to cancel the order. The consumer will be charged a 25% restocking fee. The return shipping cost has to be borne by the customer.