Finnegan Software, Inc. - Terms and Conditions of Sales

Finnegan Software, Inc. - Brampton, Ontario, Canada

Phone 416-410-4774 or Toll Free 1-800-258-0033
Fax 905-846-5516

Terms and Conditions of Sales

(No small print. No surprises!)

Standard Legal Mumbo-Jumbo follows... please read it. You owe it to yourself to make informed purchase decisions. We're trying to keep things as simple as possible for you, the customer. We know some people want all the details, and that's fine - we've got nothing to hide. Some others will try to call us out on little technicalities. We're computer professionals, not lawyers. If you have any concerns about how we might treat you in the event something goes wrong, please ask ahead of time. We'll both be happier.

Acceptance of goods constitutes acceptance of the following terms and conditions.

International Sales to Nigeria, Singapore, Indonesia, (and any other scammer hotbed) - (added 2004-12-15)

NO CHEQUES, NO CREDIT CARDS, NO TERMS, NO EXCEPTIONS.

If you're unwilling or unable to pre-pay for your goods, including shipping, using a bank wire transfer or other certified means, well, we're unwilling to sell to you - at any price. We've already heard all the stories, all the lies, all the pitches, all the requests for special treatment, and along the way, we've been subjected to some very fractured and mangled English and asked to believe a whole host of unlikely scenarios.

"The office burned down and we need these laptops right away. Please ship two now because we need them for our annual shareholders meeting. Our cheque is good, I assure you."

Counterfeit

"Sure, it is, 'Andrew', sure it is..."

Since we've actually done business with companies in Kuwait, Mexico and yes, Singapore - we're not going to say we won't do business with these countries at all. By all means, if you're legitimate and have a need, we'll do our best to help you.

eBay Auctions (updated - 2004-12-15)

All pricing for EBay auctions are in US Dollars (We auction through the main eBay site for the best exposure)
Canadian auction bidders, please note:

All auctions can be converted to Canadian dollars for Canadian residents - just use eBay.ca instead of eBay.com for the URL, and they'll convert it.
US Dollar and Euro conversion rates are used from http://www.tdcommercialbanking.com/tradefinance/rates.html under the "Client Sells (receives Canadian)" heading

Direct payment to Finnegan Software, whether bank deposit, cheque, or VISA - will be in Canadian dollars, pre-converted from US Dollars, and will be subject to any applicable sales taxes (GST/PST/QST), depending on destination.

General Terms (Local sales and Mail Order - non-eBay)

(updated 2001-01-08)
For VISA purchases to be shipped, we require a fax from http://www.finnsoft.com/html/visaform.pdf (our bank requires a signature)

VISA purchase prices are Cash Discounted Prices + 3%

Prices are listed in Canadian Dollars, and all payment and transactions shall be in Canadian Funds
All Money Orders, Cheques, Wire Transfers, DirectDeposits, etc. shall be in Canadian Funds
This locks any currency conversion rates at time of order, and keeps our accounting simple.
This means lower costs to us, and thus, lower prices to you.

Prices do not include applicable sales taxes or shipping.
20% restocking fee on all non-defective, returned items.

(added 2004-12-15, but in effect since 1995 - since we've changed our invoicing style, it needs to be published somewhere)

Unless alternate arrangements are made beforehand, all invoiced labour and/or parts is "Due Upon Receipt", and overdue accounts will be charged 2% per month as a carrying charge, calculated daily and compounded monthly from date of invoice, with a minimum monthly finance charge of $5.00.

No cash refunds.

$25.00 charge for cheques returned NSF.

Finnegan Software, Inc. retains full ownership of all goods until full payment is secured. This includes the right to seize/lien goods delivered but unpaid, at our option, even in cases of client insolvency.

Manufacturer's warranty (parts only) may apply after 1 year
Where listed, manufacturer's warranties will appear in [#yr] format.

Please call to confirm your order and product availability before sending payments.
While we only deal with reputable suppliers, sometimes things go wrong, and they're beyond our control.
In the event of backorder or unavailability, we will contact you immediately for further instructions.

Our Mailing Address: (updated 2001-01-08)
10 Omega Square, Brampton, Ontario, Canada L6Z 1K5

Our Shipping Address: (updated 2001-01-08)
10 Omega Square, Brampton, Ontario, Canada L6Z 1K5

(new 2001-01-08)
Please note: We do not operate as a store-front retailer, so please do NOT visit this location. We'll gladly accept your phone call.

No returns accepted without RMA (Return Merchandise Authorization) from Finnegan Software, Inc.
Freight-Collect Shipments not accepted.

Local Customers (within Greater Toronto Area)

Payment:

COD - Cash on Delivery

VISA

Prepayment or deposit may be required on parts and customized systems

(updated 2004-12-15)
Free Delivery within Brampton, free shipping on many orders - please ask for details
$15 handling fee on most orders under $750 before taxes.

(updated 2004-12-15)
OnSite Installation, setup, testing, troubleshooting: $105.00/hr, billed to a two-hour minimum, and by the half-hour (or fraction thereof) thereafter.

Any parking fees or other incidental expenses incurred will be paid by client.

Unless otherwise noted: 30 day functional warranty on CPUs, SIMMs

1 year OnSite parts and labour warranty on all other components against manufacturer's defects, for complete systems delivered locally.

Shipping Terms

Pre-Payment:

For fastest service and delivery:

Postal Money Order in Canadian Funds

DirectDeposit

Wire Transfer ($10 Fee applies)

or Personal / Company Cheque

All payments will be held until clearance is received on funds.
Prepayment or deposit required on parts and customized systems

Will ship via Canada Post, UPS or FedEx upon receipt and clearance of payment.
Shipping insurance is required against damage/loss, and is the responsibility of the purchaser.

(updated 2001-01-08)

For example, UPS currently charges C$0.55 per $100 value on values over C$100

Unless otherwise noted: 30 day functional warranty on CPUs, SIMMs
1 year Return-to-Vendor Depot Parts and Labour warranty on all other components against manufacturer's defects on shipped goods

No returns accepted without RMA (Return Merchandise Authorization) from Finnegan Software, Inc.
Freight-Collect Shipments not accepted on returns. Customer pays shipping for return of warranty-covered products, and Finnegan Software, Inc. pays for their return to the customer.

Remote Customers within Ontario (outside Greater Toronto Area, requiring shipping)

Standard 8% Provincial Sales Tax (PST) and 7% Federal Sales Tax (GST) apply

Remote Customers within Canada (outside Ontario, requiring shipping)

Standard 7% Federal Sales Tax (GST) applies

Remote Customers within Quebec (requiring shipping) (new 2001-01-08)

Standard 7% Federal Sales Tax (GST) applies, as does QST at 7.5% on the total + GST, as per Quebec provincial law. We are required to collect QST on anything being shipped into Quebec.

Remote Customers outside Canada (requiring shipping)

No taxes!

...and with every purchase, here's the straight goods on the goods:

LIMITED WARRANTY

These goods are warranted free from defects in workmanship and materials upon purchase. If the goods are defective, they will be repaired or replaced, at the vendor's option, without charge on return to the vendor within one (1) year from date of purchase with satisfactory proof of purchase from the vendor and date of purchase.

This warranty is only given to the original purchaser of the goods and is void if the goods have been:

- damaged by negligence or accident after purchase

- used other than for the purpose for which they are intended to be used, or not used in accordance with any operating instructions supplied with the goods

- adapted or repaired other than by the vendor or an approved service centre (if applicable, a list of approved service centres is available from the vendor on request), or

- added on to or used with other goods which may affect the integrity, performance, safety, or reliability of these goods.

Additional manufacturer's warranty may apply after specified term - labour to replace parts covered only by manufacturer's warranty is NOT covered by this agreement.

(new 2001-01-08)
Data stored on hard drives is specifically exempt from this warranty. Labour charges to reformat hard drives, replace operating systems, restore systems from backups, etc. will apply.

This warranty is given in place of all other warranties and assurances, whether express or implied, including but not limited to matters of quality, fitness for purpose, or merchantability and the vendor accepts no liability , under any circumstances whatsoever, for any consequential damage or loss suffered by anyone as a result of using or being unable to use the goods.

Certain jurisdictions have consumer protection laws which give you additional rights.

(emphasis added 2004-12-15)

Acceptance of goods constitutes acceptance of the above terms and conditions of warranty.

Privacy Statement (new 2001-01-08):

We don't collect info, other than "someone from this IP number visited this page", for web page viewing stats, as provided by our internet domain host. We use this information solely to determine which of our web pages receives the most traffic, and to get a general idea of how many pages each visitor views.
No cookies are (currently) used by this site, and we will notify you here if that changes.

Credit Card info is not stored electronically on any PC not protected by a firewall (and they all are).

We respect your privacy.

No original graphics from this WebSite may be re-used in any manner without written consent from
Finnegan Software, Inc.
File: http://www.finnsoft.com/html/terms.htm - last modified 2004-12-15