By purchasing products, services and software from posdudes.com (“Company”) you (“Customer”) agree to these Terms and Conditions and to adhere to the requirements, if required, outlined POS System Installation Checklist (incorporated below).
Customer is responsible for ensuring the products, services and software purchased from the Company meet Customer’s business requirements prior to purchase. Company does not refund hardware, software or services for any reason including and not limited to:
- Customer failed to follow the procedures and requirements outlined in the Installation Checklist.
- Customer failed to properly determine their business requirements.
- Customer changed credit card processors.
- Customer learns after the purchase that a key required feature is not available.
- Compatibility with third party apps or other interfaces.
- Customer business failed.
- Operational problems that arise from a customer’s internet connection or other environment problems.
- Customer damages hardware after taking possession or misused or damaged it.
- POS equipment no longer required for any reason.
- Customer failed to attend software training sessions or otherwise take time to learn and own the system, “distractions”.
- If you purchased software, failing to provide hardware that meets posdudes.com compatibility requirements.
Company provides unlimited and “as needed” remote services including programming, training, configuration services and 24/7/365 technical support with every software purchase. Onsite hardware installation is excluded – however Customer may purchase onsite hardware installation services from the Company. If Customer does not purchase onsite hardware installation services then Customer will be responsible for all onsite hardware installation tasks with remote guidance from the Company’s technical support team. Training is completed remotely and onsite training is not available as an optional service.
Post implementation services such as onsite hardware and network remediation are not included in the scope of support services; however, Company does offer such services on a pre-paid time and materials basis.
The following items, if required by Customer, will be input or uploaded by Customer with Company’s training and technical guidance: menu items and modifiers, retail inventory products and SKUs, inventory conversions (e.g., case quantities and conversions), product images and product recipes.
Customer may use pre-owned POS hardware and iPads assuming such hardware meets Company’s compatibility requirements. However, Company, at its own discretion, may not support customer-supplied equipment if a) the equipment does not meet Company-specified compatibility requirements and b) even if compatibility requirements are met Company support technicians at their own discretion deem the hardware to defective or otherwise non-supportable.
If a Customer software subscription or other purchase payment fails, Company retains the right to restrict access to the software services until payments in arrears are satisfied and future payments are assured. Software subscriptions renew automatically until cancelled.
Customer is responsible for purchasing consumable supplies such as receipt paper, kitchen printer paper and printer ribbons in advance of going live with the POS. The requirements for receipt paper are 3 1/8” thermal (core size not greater than 200m) and for kitchen printer paper 3“ paper (same core size) and can be purchased from posdudes.com.
Company shall not be liable for advice or recommendations given by the Company or its employees or agents to the Customer or its employees or agents which is not confirmed in writing and is subsequently acted on by Customer.
Customer acknowledges that performance of Company’s products is entirely predicated on a properly sized internet service. Accordingly, Customer holds Company harmless against any defaults or claims arising out of use of the Company’s products.
It is Customer’s responsibility to ensure that they adhere to the installation procedures and technical requirements outlined Installation Checklist (see below) including provisioning of a properly sized wireless and connected internet service prior to installation.
Hardware ships ground for free unless Customer specifically requests and prepays for expedited delivery. Company shall attempt to deliver hardware by Customer’s required due date, however, Company shall not be liable for the delay in delivery for any reason. All deliveries must be signed for. Customer is responsible for taking delivery of products and ensuring a responsible agent or employee is available to take delivery.
Company will take every care to ensure the packaging prevents any damage in transit however it is the Customer’s responsibility to check the products before they accept them at time of delivery. Company will promptly replace any damaged merchandise after receipt of the damaged merchandise.
Hardware purchased from Company is warranted against manufacturing defect for the period of one year from the purchase (invoice) date. Company must approve in advance any return of products for repair or replacement during the warranty period.
Company will repair or replace hardware during the warranty period and Company support personnel will determine hardware defects and authorize any returns or repairs. Hardware received by Company without prior authorization will be rejected and or returned back to the Customer. Customer is responsible for retaining the original packaging in the case of a return for replacement or repair is authorized. Customer will be charged the MSRP of the product if received damaged by Company. Customer shall pay all shipping on authorized returns.
The warranty does not apply if:
- The product has been tampered with, repaired and/or modified.
- The warranty and related seals have been broken or altered.
- Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in color, texture or finish, wear and tear, gradual deterioration.
- Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges.
- Damage to the system caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB devices.
- Damage to the product through neglect to protect the hardware from viruses.
- Damage to the product caused by an external electrical fault or any accident.
- Fraud, theft unexplained disappearance or willful acts.
- Liquid/fluid damage or contamination of any kind.
- Damage caused by user error such as malware, un-installation, other programs, mistreatment or any software problems that are caused by use of anything other than Company’s software.