TERMS AND CONDITIONS
PINTSIZE ME LLC
The sale or products and services (“Products”) by PINTSIZE ME LLC, a Louisiana limited liability company (the “Company”), are subject to these terms and conditions (the “Agreement”) regardless of other or additional terms or conditions that conflict or contradict this Agreement in any purchase order, document or other communication (collectively, “Order”) preprinted terms and conditions on any customer (“Customer”) document and/or the Company’s failure to object to conflicting or additional terms will not change or add to the terms of this Agreement.
The Company sells custom-made Raspberry Pi expansion boards (the “Hardware”) that are designed to connect with residential electricity generators and provide monitoring and performance feedback via the use of open-source software (the “Software”). The Hardware and Software are referred to herein as the Company’s “Products”.
1. ORDERS. All Orders are subject to acceptance by the Company. The Company reserves the right to allocate the sale of Products among its customers. Orders for special, custom, value-added and Products specifically identified by the Company as nonstandard are non-cancelable and non-returnable. The Customer may not cancel or reschedule Orders for standard Products without the Company’s consent. The performance of any value-added service or any non-Company modifications to the Products may void the manufacturer’s warranty and render Products non-returnable.
2. PRICES. The Company’s quoted prices apply for 30 days or as otherwise stated in its quote. The Company may increase prices if the Company’s costs increase or other circumstances beyond the Company’s reasonable control. Prices are for Products only and do not include taxes, impositions and any other charges, fees, shipping charges and duties imposed by any government authority. Customer is responsible for any additional fees and taxes.
3. TERMS OF PAYMENT. Payment of the total invoice amount, without offset or deduction, is due at the time of purchase of the Products. The Company may apply payments to any of Customer’s accounts.
4. DELIVERY AND TITLE. Customer is responsible for all shipping costs and any applicable surcharges. Title and risk of loss pass to Customer upon delivery of the Products to the carrier. The Company’s delivery dates are estimates only and the Company is not liable for delays in delivery. The Company reserves the right to make partial shipments and Customer will accept delivery and pay for the Products delivered. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.
5. ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS. Customer must notify the Company in writing of any damage, shortage, or other discrepancy to Products within 15 days after delivery. After the 15th day Customer is deemed to have accepted the Products and may not revoke acceptance. Customer cannot return Products without a return material authorization (“RMA”) number. Returned Products must be in original manufacturer’s shipping cartons or equivalent. Customer must return all Products, freight prepaid, as specified in the RMA and pay any restocking charges. At the Company’s discretion, the Company will return all Products not eligible or return to Customer freight collect, or hold Product for Customer’s account at Customer’s expense.
6. THE COMPANY’S LIMITED WARRANTY. Customer acknowledges that the Company is not the manufacturer of the Hardware. Further, Customer acknowledges that Customer alone shall install any Hardware to Customer’s own electricity generator, and as such, the Company shall in no way be responsible for any damages caused by Customer’s installation of any of the Company’s Products. The Company will transfer to Customer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. The Company warrants the Products will conform to the manufacturer’s specifications. Value-added work performed by the Company on Products will conform to Customer’s specifications. The Company makes no other warranty, express or implied. THE COMPANY MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT. If Products do not meet manufacturer’s specifications or if value-added work by the Company does not meet Customer’s specifications, the Company has the option to (1) repair the Products, (2) replace the Products at no cost to Customer; or (3) refund Customer’s purchase price. Customer must return Products to the Company, along with acceptable proof of purchase, within 30 days from date of delivery, freight charges prepaid. The limited warranties provided in this section only apply to the Company’s Products that have not been modified or damaged in any way by Customer or any third parties.
7. LIMITATION OF LIABILITY. THE COMPANY IS NOT LIABLE FOR AND CUSTOMER IS NOT ENTITLED TO ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; FOR EXAMPLE, LOSS OF PROFITS OR REVENUE, LOSS OF DATA. LOSS OF USE, REWORK, MANUFACTURING EXPENSE, INJURY TO REPUTATION, OR LOSS OF CUSTOMERS. CUSTOMER’S RECOVERY FROM THE COMPANY FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE PRICE OF THE PRODUCT AT ISSUE. CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS BASED ON; (I) THE COMPANY’S COMPLIANCE WITH CUSTOMER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, (II) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN THE COMPANY OR (III) USE IN COMBINATION WITH OTHER PRODUCTS.
8. FORCES BEYOND THE COMPANY’S CONTROL. Customer acknowledges that it is Customer’s responsibility to routinely inspect the Hardware and Software for proper function. The Company is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond its reasonable control, (for example: acts of God, acts or omissions of the Customer, man-made or natural disasters, epidemic, pandemic, or medical crises, materials shortages, strikes, acts of terrorism, delays in transportation, or inability to obtain labor or materials through its regular sources). In addition, the Company is not liable for damage or failure to its Products as a result of various inclement weather, exposure to outdoor elements, pests, and beasts.
9. USE OF PRODUCTS. Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If Customer uses or sells the products for use in any such applications, Customer acknowledges that such use or sale is at Customer’s sole risk. Customer will indemnify, defend and hold the Company and the Product manufacturer harmless from and against any and all liabilities and costs arising out of or in connection with such use or sale.
10. EXPORT/IMPORT. Certain Products sold by the Company and other related technology and documentation are subject to export control laws, regulations and orders of the United States and the export or import control laws and regulations of other countries. Customer will not directly or indirectly export or divert any Products and other related technology and documentation to any third party or country where such export or transmission is restricted or prohibited. Customer agrees it is responsible to obtain any license to export re-export, or import as may be required.
11. PRODUCT INFORMATION. Product information, including information related to a Product’s specifications, export/import control classifications, uses or conformance with legal or other requirements, is obtained by the Company from its suppliers or other sources. Such information is provided by the Company on an “AS IS” basis. The Company makes no representation as to the accuracy or completeness of the Product information, and disclaims all representations, warranties and liabilities under any theory with respect to the Product information, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company recommends Customer validate any Product Information before using or acting on such information. All Product information is subject to change without notice. The Company is not responsible for typographical or other errors or omissions in Product information.
a) The laws of the State of Louisiana will exclusively govern any dispute between the Company and Customer. Any disputes shall be resolved in the courts of St. Tammany Parish, Louisiana.
b) Customer may not assign this Agreement without the prior written consent of the Company.
c) This Agreement may be modified by the Company at its sole discretion. Continued use of the Products by Customer shall be acceptance of any modified terms. The most recent version of this Agreement shall be updated and posted on the Company’s website. It is Customer’s responsibility to remain abreast of any such changes.
d) Statements or advice (technical or otherwise) if given, are an accommodation to Customer and the Company has no responsibility or liability for the content or use of such statements or advice.
e) The Company’s failure to object to any document, communication, or act of Customer will not be deemed a waiver of any of these terms and conditions.
f) The unenforceability of any of these terms or conditions will not affect the remainder of the terms or conditions.
g) Products, including software or other intellectual property (including any open-source IP rights), are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.
h) Customer and the Company will comply with applicable laws and regulations.
13. ACCEPTANCE. Customer’s continued use of any Product shall be deemed acceptance of this Agreement and any of its Terms and Conditions, including any updates to such terms and conditions, which may be made from time to time by the Company at its sole discretion. Customer has the sole responsibility to read these Terms and Conditions, which shall be posted and maintained by the Company on its website(s).
Last Modified July 7, 2021.