Terms & ConditionsProducts: The company reserves the right from time to time, to add or discontinue any product from those offered for sale by the company or to modify the specifications of any product without notice to the integrator/distributor.
Default: If the integrator/distributor fails to make payment in full for the products within the time period set forth above or within the time period expressly agreed upon in writing by the parties, such failure to pay on time constitutes a material breach of contract by the integrator/distributor permitting the company to suspend delivery under any accepted order or other contacts between the integrator/distributor and the company. The integrator/distributor shall pay to the company an added service charge of 1 % per month (or the legal maximum allowed in the dealer/distributor’s state) on all delinquent invoices or portion thereof until paid. In the event that the company is required to take legal action, the integrator/distributor shall pay all collection fees and/or attorney’s fees plus any court costs.
Guarantor: The company may from time to time require a third-party guarantor to guarantee payment of the company’s invoices submitted to the integrator/distributor under the terms of an accepted order. The guarantor shall agree to pay outstanding invoices within the agreed payment terms for the accepted order and in addition a service charge of 1 % per month or the legal maximum allowed (in the dealer/distributor’s state) on all delinquent invoices or portion thereof until paid. In the event that the company is required to take legal action, including the use of a collection agency to collect past due amounts, the guarantor shall pay all collection fees and/or attorney’s fees plus any court costs.
Returns: Authorizations and instructions for the return of any product must be obtained by the integrator/distributor before returning any product for any reason. The product must be returned with complete identification, freight prepaid and in accordance with the company’s most current return policies and procedures or it will not be accepted. For a copy of the most current returns policies and procedures call Digital Watchdog at 813-888-9555. All items returned for credit are subject to inspection upon receipt and a restocking charge. In no event will the company be responsible for any product returned without proper authorization or identification. For more information, click here.
Installation and Service: Advice, Assistance, or Training: The company assumes no obligation or liability for any advice, technical assistance, or training provided by the company to the integrator/distributor with respect to products, or for any results occurring as a result of the application of such advice, technical assistance, or training and the integrator/distributor shall have sole responsibility for selection and specification of the products appropriate for the end use of such products and for the proper installation and servicing of such products.
Waiver: Waiver by the company of any breach of any of the terms and conditions shall not be construed as a waiver of any other breach, and the failure by the Company to exercise any right arising from any default of integrator/distributor hereunder shall not be deemed to be a waiver of such right, which may be exercised at any subsequent time.
Patents: The company shall indemnify and save integrator/distributor harmless from any judgment for damages and/or costs which may be rendered against integrator/distributor in any suit brought against integrator/distributor on account of the infringement of any U.S. patent by any product supplied by the company providing that the integrator/distributor promptly notifies the company of the commencement of any suit and authorizes the company to settle or defend such suit as the company may see fit and provided further that integrator/distributor renders every reasonable assistance which the company may require in defending such suit.
Assignment: Integrator/distributor shall not assign its rights or delegate its duties, responsibilities, or obligations arising under any accepted order, in whole or in part without the prior written consent of the company. Any actual or attempted assignment without the company’s prior written consent shall entitle the company to cancel such accepted order upon written notice to the integrator/distributor.
Termination: The Company may terminate any accepted order or part thereof for any reason at the company’s convenience upon written notice to the integrator/distributor. Integrator/ distributor hereby waives all claims for consequential damages resulting from or relating to such termination, including, without limitation, any lost products or loss of anticipated profits and to accept as its sole remedy for termination the reasonable additional costs of obtaining substitute goods of the same quantity and quality as the products provided that in no event shall such costs exceed the price of the accepted order or part thereof so terminated as stated on the company’s acknowledgment. Any claim for adjustment not submitted within sixty (60) days from the date of such termination shall be deemed to have been waived by the integrator/distributor.
Governing Law: These terms and conditions and each accepted order shall be governed by the law of the State of Florida without regard to Florida principles or rules of conflicts of laws that might require the application of the law of another jurisdiction.
Warranty: Kaltech Enterprises DBA Digital Watchdog (referred to as “the Warrantor”) warrants products against defects in materials or workmanship as follows.To obtain warranty or out of warranty service, please contact a Technical Support Representative at 1-866-446-3595 Opt 5 Monday through Friday from 9:00 AM to 5:00 PM PST.
A purchase receipt or other proof of the date of the original purchase is required before warranty service is rendered. This warranty only covers failures due to defects in materials and workmanship which arise during normal use. This warranty does not cover damage which occurs in shipment or failures which are caused by products not supplied by the Warrantor or failures which result from accident, misuse, abuse, neglect, mishandling, misapplication, alteration, modification, faulty installation, set-up adjustments, improper antenna, inadequate signal pickup, maladjustment of consumer controls, improper operation, power line surge, improper voltage supply, lightning damage, rental use of the product or service by anyone other than a Digital Video Recorder authorized repair facility or damage that is attributable to acts of God.
Limits and Exclusions: There are no express warranties except as listed above. The Warrantor will not be liable for incidental or consequential damages (including, without limitation, damage to recording media) resulting from the use of these products, or arising out of any breach of the warranty. All express and implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited to the applicable warranty period set forth above.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above exclusions or limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state. If the problem is not handled to your satisfaction, then write to the Address above.
Service calls that do not involve defective materials or workmanship as determined by the Warrantor, in its sole discretion, are not covered. Costs of such service calls are the responsibility of the purchaser.