MicroSale Restaurant POS Systems

Warranty Terms and Conditions

MicroSale POS Systems has the right to change or update materials, specifications, pricing, or discontinue or limit the production of any products. Product and service offerings and prices are subject to change. By submitting an order, the Customer agrees to pay the price specified at the time the order is placed. MicroSale POS Systems will make reasonable efforts to deliver the products and services in a timely fashion. Any delivery dates provided are estimates only and are not binding. Payment for products and services is due upon receipt of an invoice. If payment is not made when due, MicroSale POS Systems may, at its discretion, cancel the order and/or assess late payment charges in accordance with the invoice.

MicroSale POS System’s liability in connection with any products or services furnished to the Customer is limited to the purchase price of such products or services. MicroSale POS Systems will not be liable for any damages or expenses incurred by the Customer or any third party, including but not limited to, consequential or incidental damages.

1. Definitions

“MICROSALE” refers to MICROSALE POS Systems.
“CUSTOMER” refers to the CUSTOMER, restaurant, or any other entity that uses MICROSALE POS Systems.

2. Equipment and Responsibilities

a. MICROSALE requires proper electrical and cabling that meets equipment manufacturer specifications. If the CUSTOMER or their contractor has any questions the MICROSALE will provide CUSTOMER with all the information necessary, or suggest acceptable alternatives.

b. In an event of equipment or software failure, CUSTOMER must allow unrestricted access to equipment and software to correct failures.

c. Upon installation of equipment and software, CUSTOMER represents and warrants acceptance of equipment and services rendered (acceptable menu programming, training).

d. CUSTOMER understands that if any persons other than authorized representative services or repairs, said equipment all warranties may become null and void.

e. CUSTOMER is responsible for maintaining the ongoing security of the system and overall network access. CUSTOMER shall be solely responsible for storing and backing up CUSTOMER’s own data stored on the Equipment. MICROSALE shall have no liability for loss or destruction of data.

3. Software Support

During the Term of this Agreement, CUSTOMER shall pay a Support Fee per Terminal as indicated. The Support Fee will be debited on a monthly basis. This support contract does require that we have access to your system through a high-speed Internet connection. Standard phone support will be available Monday through Friday between the hours of 8 AM – 6 PM Eastern Time. Emergency phone support is available 24 hours a day, 7 days a week. Support shall be provided on a first come, first served basis, while system down or credit card offline will be escalated.

# POS Terminals Monthly Annual Cost
1-3 $ 65.00 $ 700.00
4-6 $ 80.00 $ 900.00
7-9 $ 130.00 $ 1,500.00
10+ $ 175.00 $ 2,000.00

Without support, all support calls are billable at $150.00 per incident.

4. Equipment Warranty Options

Workstations includes three year manufactures standard warranty for parts and labor. Printers and Cash Drawers include one year manufactures standard warranty. a. Time and Materials; If the terminal fails you would send it in to the repair center and they would repair and send it back. You would pay for shipping to the repair depot. Onsite support is available at $100.00 per hour 9 am – 5 pm, Monday – Friday including travel time b. Overnight Exchange Program; Terminal would be overnighted to you and a return tag is included. c. Advanced Overnight Exchange Program; Terminal is overnighted to you and a technician will meet the terminal onsite and would install and take the return terminal.

5. Payment

a. CUSTOMER shall pay MICROSALE the agreed-upon fees for the Services provided. Failure to make timely payments may result in suspension or termination of the Services and additional late fees. b. Title to and right of possession of all merchandise remains vested in MICROSALE until full purchase price has been received by MICROSALE and CUSTOMER grants to MICROSALE a security interest in said merchandise to secure such full payment. c. Loss or damage to merchandise purchased hereunder by fire, theft, misuse, or otherwise, after delivery to CUSTOMER shall not relieve CUSTOMER of its obligation to make all payments provided for. d. Failure to pay any part of the purchase price when due shall, at the option of the MICROSALE, cause the entire unpaid balance to become due and payable forthwith, and MICROSALE shall have the right to immediate sale or recovery without notice. e. Sales, use, excise, and similar taxes imposed by municipal, county, state, or federal authorities and in effect on the date of delivery are in addition to list price, and CUSTOMER shall pay the same either directly or to the MICROSALE. f. The purchase price does not include furnishing of supplies or other expendable items, such as paper, ribbons, ink rollers, drawer inserts, electrical and communication cables, touch screen and cabinet parts damaged by abuse. The use of non-approved supplies causing damage to equipment shall be the sole responsibility of the CUSTOMER. g. Price may include Menu creation and will include one pre-install menu review and one post install menu review. Upon review a final menu change list will be developed and completed. Any changes thereafter will be billable at prevailing hourly rate. $100.00 per hour.

6. Expenses

a. All prices stated on purchase agreement are inclusive of freight, delivery and installation charges, unless otherwise stated. CUSTOMER is responsible only for charges stated or provided for on the purchase agreement and MICROSALE is only responsible to deliver specified items on the purchase agreement. Any and all verbal agreements are expressly rejected by MICROSALE unless stated or provided for on the purchase agreement. b. CUSTOMER agrees to pay all costs of collection, including a reasonable attorney’s fee, whether suit be brought or not, in case we must enforce or defend the terms of this agreement. c. The CUSTOMER agrees to reimburse MICROSALE for all reasonable expenses incurred in providing the Services. d. The CUSTOMER acknowledges and agrees that MICROSALE incurs numerous expenses in providing the Services, including but not limited to: a. Equipment staging b. Staff training c. Programming and setting up the restaurant menu d. System installation and labor e. Shipping costs

7. Limited Software License

The entire liability of KIS Software, Inc, suppliers, and your exclusive remedy, shall (a) return of the price paid for the software or (b) replacement of any flash drive that does not meet this warranty which is sent with a return authorization number to KIS Software, Inc. at your cost and risk. This limited warranty is void if the damage has resulted from accident, abuse, misapplication, or service or modification by someone other than KIS Software, Inc. KIS Software Inc, does not warrant that the functions of the software will meet your requirements or that operation of the software will be uninterrupted or error free. You assume responsibility for selection of the software to achieve your intended results, and for the use and the results obtained from the software. KIS Software, Inc. disclaims all other warranties, express or implied, including but not limited to accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction. In no event, shall KIS Software, Inc. or suppliers, be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of the use or liability of the software, even if advised of the possibility of such damages. Software purchases are not transferrable after 30 days. In no event, shall KIS Software, Inc. or suppliers offer credits or refunds after software has been installed in restaurant. 8. Entire Agreement These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to the subject matter hereof. By using the MICROSALE POS Systems, the CUSTOMER acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.

8. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to the subject matter hereof. By using the MICROSALE POS Systems, the CUSTOMER acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.8. Entire Agreement These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to the subject matter hereof. By using the MICROSALE POS Systems, the CUSTOMER acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.