Terms of service

Sales Policy 

The document below is the official sales policy for DataVisual Marketing. DataVisual Marketing will not accept any other terms and conditions of sale, unless Buyer and DataVisual Marketing have executed a written agreement which specifically modifies, supersedes and/or replaces these terms and conditions. Acceptance of all purchase orders is expressly made conditional upon Buyer's assent, expressed or implied, to the terms and conditions set forth herein without modification or addition.

  1. ACCEPTANCE OF PURCHASE ORDERS
    Orders. For all of Buyer’s purchases from DataVisual Marketing: (i) Buyer is required to sell the Product within the authorized territory (ii) if DataVisual Marketing requests, Buyer must provide DataVisual Marketing information regarding the territories where the Buyer intends to resell the Products from Buyer; and (iii) Buyer may not resell Products outside the authorized territory without DataVisual Marketing’s prior written approval. All orders are subject to DataVisual Marketing’s acceptance. DataVisual Marketing may decline or cancel any order for any reason at any time prior to acceptance, which occurs at time of shipment, or as otherwise specified in these Sales Terms. DataVisual Marketing’s acceptance of Buyer’s order is limited to these Sales Terms without any modification or exception. Additional terms and conditions on any Buyer document (e.g., order) will have no effect and will not change or add to these Sales Terms whether or not DataVisual Marketing specifically objects to those terms and conditions. Buyer represents and warrants that all of Buyer’s employees and agents placing orders on behalf of Buyer are duly authorized to commit. Buyer is responsible for monitoring its orders on a continual. All accepted orders are binding. Buyer may not cancel or amend any accepted order without DataVisual Marketing’s written consent. Any cancellation by Buyer permitted under these Sales Terms must be in writing and specify in reasonable detail the nature of the default. Orders for non-standard Products, including Products configured to Buyer’s specifications, are non-cancelable and non-returnable and require prepayment of up to 100% at the time the order is placed.

     

  2. DELIVERY
    All deliveries of Products to destinations in Canada will be made FOB origin DataVisual Marketing’s designated location. For drop shipped deliveries will also be FOB Origin. Title to and risk of loss, damage or delay to Products (except for software and services) will pass to Buyer upon DataVisual Marketing’s tender of the Products to the transportation provider. After transportation of a shipment of DataVisual Marketing’s Products has commenced, Buyer will not divert the shipment to a different consignee or destination point without DataVisual Marketing’s written approval. 

     

    Shipping Charges: Shipping fees and taxes are charged as applicable and are subject to change at the time of shipment and may differ from quoted shipping charges. Products that are available to ship from your Purchase Order will ship immediately, which may result in multiple shipments for your order. DataVisual may hold shipments at its discretion for complete ship if order is paid in full and in advance. 

    DataVisual Marketing is not liable for any delays in delivery or for partial or early deliveries. If Buyer directs DataVisual Marketing to charge transportation fees to a third-party account number or to ship “freight collect”, Buyer is responsible for all transportation and accessorial charges associated with the order and remains responsible for Product loss and damage in transit claims with the transportation provider. DataVisual DataVisual Marketing Inc Sales Policy v2.3 Modified Jan 4, 2023 

    Marketing is not liable for any Buyer requirements not stated in these Sales Terms. Buyer or the consignee receiving delivery must accept deliveries and must inspect the Products and secure written acknowledgement from the transportation provider for any shortages, loss, damage or nonconformance. Buyer must notify DataVisual Marketing in writing within three days of receipt of any delivery of any shortages, defects or non-conforming Products. If Buyer fails to notify DataVisual Marketing with such three-day period of any shortages, defects or non-conforming Products, the Products will be considered accepted. Refused deliveries must be reported to DataVisual Marketing the same day in writing. 

  3. PRICE AND PAYMENT
    Buyer shall bear all applicable Federal, Provincial, and other government taxes (such as sales, use, recycling and similar taxes or fees), as well as import or customs duties, license fees and any other similar charges, however designated or levied on the sale or delivery of the Products or measured by the purchase price paid for the Products. DataVisual Marketing's prices set forth on the front side of the invoice do not include such taxes, fees, and charges. Prices are subject to change, current pricelists can be found on the DataVisual Marketing dealer portal. Quotes are valid for 30 days, however quoted pricings may be subject to adjustments at the time of order at the discretion of DataVisual Marketing. 

    Payment Terms: Unless otherwise specified, the payment terms are prepay. DataVisual Marketing, at its discretion, may advance credit terms upon successful credit application and reference checks. All unpaid invoices shall bear interest at an amount equal to 1-1/2% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Buyer's failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of unpaid delivered goods and termination of any one or more sales agreements. Notwithstanding any "net" payment provisions specified on the invoice, DataVisual Marketing shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by DataVisual Marketing at any time and without prior notice. Non refundable deposits may be required on custom products, large projects over $50,000. Video wall projects at DataVisual Marketing’s discretion will require a deposit due at time of order. DataVisual Marketing accept Wires, EFT's, Cheques in the quoted currency. Credit card payment (Visa, Mastercard, and Amex) is available for customers without credit terms for orders below $2000. For orders over $2000 requested to be paid via credit card a convenience fee equivalent to 3% will be charged. 

    Collections: In the event the sales invoice shall be placed by DataVisual Marketing in the hands of an attorney or collection agency for the purpose of collection, with or without litigation, or for the purpose of enforcing DataVisual Marketing 's security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney's fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor's rights proceedings. 

    Recycling Fees: Buyer shall bear all applicable recycling fees including all electronic waste recycling fees to be remitted by DataVisual Marketing under any provincial electronic waste recycling program. If Buyer desires to remit applicable electronic waste recycling fees directly to any provincial electronic waste recycling program on DataVisual Marketing’s behalf, Buyer is responsible for providing DataVisual Marketing with confirmation of its registration status, steward number and type. 

  4. RETURNS
    Buyer may only return Products as permitted in these Sales Terms. Products are otherwise non-returnable and the prices and fees are non-refundable. Products damaged after receipt may not be returned. In order to be eligible to receive credit for returned Products, Buyer must adhere to DataVisual Marketing’s current returns processing guidelines. Buyer must obtain a valid return merchandise authorization number (“RMA”) from DataVisual Marketing for all returns prior to returning any Product. DataVisual Marketing has no obligation to issue RMAs. Buyer is responsible for ensuring that the RMA is clearly visible on the address label of the Product packaging and for complying with all other DataVisual Marketing requirements provided to Buyer when the RMA is issued. RMA’s expire 30 days from date issued, if no action is taken by the buyer within this time frame the RMA will be closed permanently. DataVisual does not accept any returns after 90 of invoice date. Unless otherwise agreed in writing by DataVisual Marketing, all Product returns from Buyer are FOB destination DataVisual Marketing’s or manufacturers designated facility, and title and risk of loss will transfer to DataVisual Marketing upon receipt and acceptance of returned Products at said facility. Returns are shipped at buyer’s expense. DataVisual Marketing may refuse delivery of any package without a valid, clearly visible RMA. Except for defective or damaged Products, all Products must be returned with the original packaging intact (including manufacturer’s shrink wrap) and otherwise in unused, resalable condition. Credit will be provided for Product returned in accordance with DataVisual Marketing’s return policies at the time the RMA is closed. If Buyer returns any Products without DataVisual Marketing’s authorization or does not comply with DataVisual Marketing’s return requirements, those Products may be subject to return to the shipping location and, if refused, DataVisual Marketing may consider the Products abandoned and dispose of them, without crediting Buyer’s account. Any return approved by DataVisual Marketing will be subject to a restocking fee. Shipping costs from and to DataVisual Marketing are non refundable. 

  5. LIMITATION OF LIABILITY
    DataVisual Marketing shall not be liable under any circumstances for any special, consequential, incidental, punitive or exemplary damages arising out of or in any way connected with the agreement to sell product to buyer or the product, including, but not limited to, damages for lost profits, loss of use, lost data or for any damages or sums paid by buyer to third parties, even if DataVisual Marketing has been advised of the possibility of such damages. the foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. 

  6. GENERAL
    These terms and conditions shall constitute the final, complete, and exclusive agreement of the parties with respect to all sales by DataVisual Marketing to Buyer and shall supersede all prior offers, negotiations, understandings, and agreements. Unless Buyer and DataVisual Marketing have executed a written agreement which specifically modifies, supersedes and/or replaces these terms and conditions, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain these terms and conditions. 

  7. RESALE
    a) Buyer acknowledges, represents and warrants that it currently complies with, and at all times shall comply with, and shall not act to contravene, relevant laws, codes, and regulations applicable to the purchase and sale of Products under these terms and conditions. 

    b) Buyer recognizes that some Product sales are limited to a specified territory and shall not sell Products outside that territory. Such sales may constitute copyright or trademark infringement. Products purchased by Buyer may also be subject to additional usage restrictions or authorizations imposed by the Product manufacturer or publisher. Buyer is responsible for ensuring compliance with any such restrictions or authorizations. 

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