The Pegasus Promise - Satisfaction is guaranteed with Pegasus Products. We can ensure this by offering the Pegasus Promise. If you are not satisfied with any Pegasus Product for any reason, simply contact us for a return authorization within thirty days of purchase for a full refund of purchase price. In addition, all Pegasus Products carry a 3 Year Warranty including a Full One Year Over the Counter Direct Exchange Warranty. (Requires confirmation from Technical Support Team)
We can offer this exceptional level of customer service because we research and test all of our products to ensure that we are providing you with quality equipment. Our commitment to excellence drives us to continuously offer new technologies, products, and services to affirm our position as the easiest company to deal with in the CCTV industry.
Pegasus Products assumes no risk and shall be subject to no liability for damages or loss resulting from specific use or application made of the products. In no event will Pegasus Products be liable for any special, incidental or consequential damages (including loss of use, loss of profits and claims of third parties) however caused, whether by negligence or Pegasus Products or otherwise.
TERMS AND CONDITIONS OF SALE
1. Conditional Acceptance; Terms. You acknowledge and agree that, with the exception of provisions related to pricing and discounts (which, if applicable, shall be governed by your invoice), these Terms and Conditions of Sale (collectively, the Terms) shall govern, and be binding between you and us, for all goods described on the Packing List (the Purchased Goods). All sales are conditioned upon your agreement to these Terms, which agreement shall be deemed to have been provided by your taking possession of all or any portion of the Purchased Goods and your failure to return them to us, freight pre-paid, along with written notice specifying the basis of your objection (an Objection Notice) within two (2) business days after you took possession. A purchase order from you shall not be considered by us to be an Objection Notice. We reserve the right to inspect all goods returned with an Objection Notice; no refund or credit will be made for goods returned to us that are damaged other than such damage as you can demonstrate was caused by our acts or omissions. 2. Payment; Taxes. Unless otherwise agreed to in writing, and subject to our credit approval and payment policies, you must make payments for the Purchased Goods so that they are received by us no later than thirty (30) days from the date of invoice (Due Date). Unless we timely receive an Objection Notice, the invoice will be deemed correct and payable in full. In the event that you fail to timely pay amounts due hereunder, we may elect to charge a late fee applied to all unpaid balances equal to the lesser of one and 50/100 percent (1.5%) monthly or the highest rate allowed by applicable law. Additionally, in the event we incur any costs and expenses, including reasonable attorney's fees, in collecting or attempting to collect all sums due hereunder, you will be liable to us for the payment of all such fees and expenses reasonably incurred, and we may suspend any further deliveries. All payments must be made in US Dollars. We reserve the right to add to prices the amount of any taxes (other than taxes on our net income) which we may be required to pay or collect under any law regarding the Purchased Goods, incurred for any reason arising from their shipment and sale. If you dispute any portion of an invoice, you must do so in good faith and pay the undisputed portion of the invoice in full by the Due Date and submit a written claim documenting the reasons that the remaining amount is disputed. After receipt of such claim, we will undertake an investigation of the disputed charges and will notify you of any amount determined by us to be correctly charged, whereupon such amount will become immediately due. Amounts determined by us to have been correctly charged will be subject to the late payment fee above. Unless such a claim is submitted in this manner and received by us within 30 days from the date the invoice is issued, you will be deemed to have waived all objections to such charges 3. Deliveries; Freight Charges; Force Majeure. The Purchased Goods will be delivered within a reasonable time after the receipt of your order, subject to availability. We will not be liable for any delays, loss or damage in transit. Unless otherwise agreed in writing by us, we will deliver the Purchased Goods to the location(s) set forth on the order(s) (the Delivery Point(s)) using our standard methods for packaging and shipping such Purchased Goods. You will take delivery of the Purchased Goods within 30 days of our written notice that the Purchased Goods are ready for delivery. You will be responsible for all unloading costs and provide equipment and labor reasonably suited for receipt of the Purchased Goods at the Delivery Point(s). We may, in our sole discretion, without liability or penalty, make partial shipments of Purchased Goods to you. Each shipment will constitute a separate sale, and you will pay for the Purchased Goods shipped whether such shipment is in whole or partial fulfillment of your order. If for any reason you fail to accept delivery of any of the Purchased Goods on the date fixed pursuant to our notice that the Purchased Goods have been delivered at the Delivery Point(s), or if we are unable to deliver the Purchased Goods at the Delivery Point(s) on such date because you have not provided appropriate instructions, documents, licenses or authorizations: (i) the Purchased Goods shall be deemed to have been delivered; and (ii) we, at our option, may store the Purchased Goods until you pick them up, whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance). Shipment and delivery dates for the Purchased Goods are estimates only, and we are not responsible for delays in shipments or deliveries caused by circumstances beyond our immediate and reasonable control, including production variances, lack of immediate availability of goods from manufacturers, government action or labor disputes. Goods shipped in advance of schedule may not be returned without our prior written consent. No goods may be returned to us in any event unless freight is prepaid and we have issued a prior return authorization number in accordance with our standard procedures. We reserve the right to select the method of transportation for shipment. If you select alternative transportation, you bear any associated additional expense. 4. Title; Risk of Loss; Freight Charges. Title and risk of loss passes to you upon shipment. As collateral security for the payment of the purchase price of the Purchased Goods, you hereby grant to us a lien on, and security interest in and to, all of the right, title and interest in, to and under the Purchased Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Massachusetts Uniform Commercial Code. Purchased Goods are shipped FOB our facility. All Purchased Goods will be delivered as instructed by you in writing, and you shall be responsible for paying all shipping (including shipping related insurance charges) directly to the shipping carrier (you may designate one or more preferred shipping carrier(s) and provide us with the account number and any other necessary information such that all shipping costs will be billed by the carrier directly to you), or at your option, we may invoice you for such charges. The carrier shall be deemed to act on your behalf for delivery of the Purchased Goods and you will file any claims for loss of, or damage to, the Purchased Goods during transit with such carrier. We will be responsible for packaging all Purchased Goods in conformity with industry standards, and any carrier requirements, in order to prevent damage en route to the applicable destination. We will notify you as soon as we become aware that we may fail to meet agreed shipping or delivery dates. 6. Warranty, Disclaimer and Limitation Of Remedies. You are responsible for determining the suitability of our Purchased Goods for your use or resale. We warrant to you only, the original purchaser, title to the Purchased Goods. In the event we do elect to extend to you any type of warranty, that warranty will be extended to you in a separate written Warranty Statement included with or attached to the goods upon delivery to you and same shall extend only to you. You are not authorized to extend to any person or entity a warranty on our behalf or to extend any remedies against us to anyone. Therefore, except as herein expressly provided,
WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE TO YOU IN WARRANTY, CONTR ACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, WHETHER INCIDENTAL OR CONSEQUENTIAL, WHICH ARE ALLEGED TO BE CAUSED BY ONE OR MORE OF THE PURCHASED GOODS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE MANUFACTURERS WARRANTY, ALL PURCHASED GOODSARE PURCHASED FROM US AS IS AND ANY AND ALL WARRANTIES AND REMEDIES, IF OFFERED, ARE THOSE OF THE MANUFACTURER. THUS, YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF CONTRACT OR WARRANTY SHALL BE AGAINST THE MANUFACTURER AS STATED IN THE WARRANTY DOCUMENTATION, IFANY, ACCOMPANYING THE APPLICABLE PRODUCT. IT IS YOUR RESPONSIBILITY TO MAKE INQUIRY AS TO THE AVAILABILITY OF ANY AND ALL MANUFACTURER'S WARRANTIES AND IT IS SOLELY YOUR RESPONSIBILITY TO SECURE MANUFACTURER'S WARRANTY DOCUMENTS AND COMPLY WITH ANY AND ALL TERMS OF THOSE DOCUMENTS. If our performance of any of our obligations under these Terms is prevented or delayed by any of your acts or omissions (or your agents, subcontractors, consultants or employees), we will not be deemed in breach of our obligations under these Terms or otherwise liable for any costs, charges or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay. 7. Incorporation of Purchased Goods. You bear sole responsibility for all consequences of incorporating the Purchased Goods into items, objects, projects, designs, or for applications which you (or any third party at your direction may) design, assemble, construct, resell or manufacture. Therefore, in such instances, you are responsible for providing any and all instructions, warnings, safeguards or devices which must accompany the Purchased Goods that you are purchasing hereunder and that you are incorporating as aforesaid, and you shall indemnify, defend and hold us harmless from and against any and all claims for injuries, death, loss of property or damages associated with such incorporation. 8. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR (I) INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF INCOME, LOSS OF PROFITS OR USE OF INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY LOSS OR THEFT OF PROPERTY, OR OTHER UNAUTHORIZED OR ILLEGAL ACTIVITY. IN NO EVENT SHALL OUR LIABILITY FOR ANY CAUSE OF ACTION, WHETHER OR NOT ARISING HEREUNDER, INCLUDING NEGLIGENCE, EXCEED THE ACTUAL PAYMENTS MADE BY YOU FOR THE APPLICABLE PRODUCT PURCHASED BY YOU. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE HAVE SET OUR PRICES, AND ENTERED INTO THIS AGREEMENT, IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN YOU AND US. 9. Choice of Law; Venue. These Terms and your purchase of the Purchased Goods shall be governed by, and construed in accordance with, the law of The Commonwealth of Massachusetts, including the Uniform Commercial Code as adopted in Massachusetts, exclusive of its conflicts of law provisions. Any legal suit, action or proceeding arising out of or relating to these Terms or such purchase shall be instituted in the federal courts of the United States of America or the courts of The Commonwealth of Massachusetts, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. 10. Assignment. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed, provided, that, such consent shall not be required in connection with the merger, transfer or sale of a majority of a partys outstanding voting capital stock or equity interest, or all or substantially all of its assets, or if there is otherwise a change in control of such party. No assignment or delegation relieves Customer of any of its obligations under this Agreement. 11. No Waiver. That we may forebear in seeking any remedies against you for your failure to comply with, and abide by, these Terms shall not be deemed a waiver by us of any right we may have hereunder. 12. Merger Clause-Other Agreements. As stated elsewhere, we reject any terms and conditions proffered by you, and unless we have entered into a separate written agreement with you, the terms and conditions stated herein shall constitute an exclusive statement and a final expression of the terms of our agreement.