Terms and Conditions

Standard Terms and Conditions

Updated September 10, 2018

 

The following terms and conditions are subject to change without notice. The latest terms and conditions can be found at https://jardum.com/pages/terms-and-conditions

 

  1. Definitions
    • Customer: the organization or person who buys Goods from the Supplier;
    • Supplier: Jardum, LLC with principal place of business at 7768 N Owasso Expy, Owasso, OK 74055
    • Goods: the physical articles to be supplied to the Customer by the Supplier;
    • Services: Any task or series of tasks done by the Developer on request from the Customer, or as part of fulfilling a request from the Customer
    • Software Product: Customer specific code, images, designs, and content created by the Developer while performing Services
    • Software Tools: Any software application, code, or development environment created or utilized to aide in the development of a Software Product.

 

  1. General
    • Quotations are believed to conform to all pertinent government regulations and the contract will be executed in conformity with and subject to any government regulations applicable thereto.
    • Clerical errors will be a basis for nullifying prices, terms, etc. upon notification to the purchaser.
    • Quotations are valid for 30 days, unless otherwise stated.
    • Payment
      • Payments are to be made in United States funds.
      • Where Supplier has extended credit to Customer, terms of payment shall be 2/10 NET 30. Payments will be due within 30 day of invoice. A 2% discount will be provided if payment is received in 10 days of invoice.  In order to receive discount, oldest invoice must be less than 10 days old.
      • On any past due invoice, Supplier may impose interest at the rate of 2% per month.
      • If Customer fails to make each payment when it is due, Supplier reserves the right to change or withdraw credit and withhold Goods, Services, Software Products, and support.
      • In the event of default by Customer, Supplier shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.

  1. Supply of Goods
    • Pricing
      • Prices are subject to change without notice.
      • Prices are only for the parts indicated.  Charges for changes requested by the Customer, will be quoted by the Supplier upon application.
      • All quoted prices are subject to the addition of any applicable taxes levied by federal, state, local or other governmental authority.
    • Limited Warranty
      • All claims for shortages or damages shall be filed with the Supplier within thirty days after the date of shipment or shall otherwise be waived.  The measure of damages shall not exceed the purchase price of the material ordered.
      • The Supplier determines whether goods returned as warranty meet the Supplier’s warranty qualifications.  After acceptance by the Supplier, these goods will be replaced or their value credited at the Supplier’s option.
      • Unless otherwise stated, all products sold through Jardum are covered only by the manufacturers' warranties.
    • Force Majeure
      • Orders will be accepted subject to delays occasioned by accident, strike, fire or other causes beyond the control of the Supplier.
    • Delivery
      • Quoted delivery is estimated and shall not be binding on the Supplier unless so stated.
      • Routing:  in the absence of specific routing instructions by the customer, the Supplier will use good judgment in choosing the route most advantageous to both Supplier and Customer.  The Supplier assumes no responsibility for charges by carriers.

 

  1. Supply of Services
    • Services shall be billed to the Customer at the hourly rate of $150 per hour for engineering services unless otherwise noted in quotation.
    • All time spent performing Services and communicating with the Customer is billable.
    • A payment equal to 50% of the total estimated hours is required to start development unless otherwise noted in quotation
    • Customer shall be billed on the first business day of each month for the previous month's work. Invoices are subject to same Terms and Conditions as listed in section 2.4.
    • Copyright of all Software Products created while performing Services for the Customer will be transferred to the Customer upon receipt of payment in full, except for Software Tools. Ownership and copyright of Software Tools will remain with the Developer and shall be perpetually licensed royalty free to the Customer upon request.