Terms & Conditions

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TERMS AND CONDITIONS The following standard terms and conditions are applicable to and form part of all proposals, quotations and orders: Commercial Technology Group, Inc. (hereinafter called “the Company” or “CTG”) shall not be bound by any other conditions, warranties or representations, except as contained herein. “The Customer” is the person or company or both listed at the top of this document and/or Email tranmission, otherwise referred to as the “buyer”. The manufacturer of each component of the system separately guarantees or warrantees the system products herein described for a period of one (1) year from all defects of manufacture and workmanship. This warrantee will be exercised prior to any other warrantee or guarantee expressed or implied. The Company’s liability for defective work or material shall be confined solely to replacement or repair of defective products. The Company reserves the right to itself or its agents to replace or repair any defective product. No charge for repairs done by the buyer or others will be accepted without the Company’s prior written approval. It is agreed that the company is not an insurer; that the payments hereunder are based solely on the value of the goods and services provided herein; that, from the nature of the goods and services provided it is impractical and extremely difficult to fix actual damages , if any, which may result from a failure of the company to perform any of its obligations hereunder; that in the case of such failure and a resulting loss to the customer, Commercial Technology Group’s liability shall be limited to and fixed at a sum of no more than $100, as liquidated damage and this liability shall be exclusive. Each shipment will be considered a separate and independent transaction and progress billings shall be made according to schedule. Title to all system equipment and related products shall remain in the Company until payment is received in full. The Company may remove or, upon notice to the customer, abandon the system quoted herein in whole or in part, upon lapse in time or negligence in any payment for any reason. The Customer hereby authorizes the company to enter the facility during regular business hours to remove any and/or all equipment associated with the scope of work upon default of any payment. The Installation Pricing quoted herein is based on NON - UNION LABOR. The Customer agrees that any problems, delays, strikes, stop work orders, or any interference of any type as a result of problems associated with other trades, union or non-union that are on site at the same time is the customers responsibility both contractually and financially and accepts any delay charges above and beyond the price quoted herein as a result of above listed eventualities. Application for and acquisition of permits with any binding authority at state or local level, as well as the costs of Engineered Seals, Calculations and permits to acquire said permits is the responsibility of the customer and is not included in the attached pricing. Customer acknowledges and waives this responsibility by signing the attached approval drawings which specify only equipment locations Commercial Technology Group Inc. makes every effort to provide solid recommendations as to the total number of cameras and final locations and positions of cameras to the customer. These recommendations are based on consultations with the customers prior to installation and are intended only to provide the best coverage within the budgetary restrictions and/or expectations of the customer. Upon final approval and installation of surveillance equipment, quantity of cameras, camera locations, and camera views is the ultimate responsibility of the customer. After installation, they cannot be changed without additional costs to the customer. Lightning protection is not covered in this quotation. Commercial Technology Group makes no guarantees that the equipment being quoted or installed in the customers facilities is immune from lightning or any other weather conditions or acts of God. Lighting protection can be included at an additional cost over an above any prices shown, however, Commercial Technology Group does not offer or imply in any way that total protection from lighting, any other weather condition, or any other act of God is achieved with any of the technology or equipment being quoted and/or installed. Exterior Equipment is particularly at risk to these factors, No replacement coverage or warrantee repairs resulting from such described damage whether indoor or outdoor is included in the enclosed quotation. Any Lightning/Surge Protection coverage, warranties, insurance, or any other offers made directly by the Manufacturers of the equipment being quoted herein is solely the responsibility of the actual manufacturer of the equipment and shall be handled by the customer on a direct basis to the manufacturer of said equipment for coverage, service, warrantee or remuneration. Unless otherwise specified in advance of quoting and costing, Commercial Technology Group reserves the right to run cables utilizing the shortest routes possible. Final cable routes and locations are at the complete discretion of Commercial Technology Group personnel. Any special consideration as to penetration of walls, roofs, or other physical environments (such as plenum or non-plenum construction), whether interior or exterior, must be specified by the customer at the time of the quoting process. Any underground cabling required to complete the scope of work, where existing underground conduit is to be utilized, Commercial Technology Group makes no representation as to the viability of the existing underground conduit for new installation work or upgrades. Any additional time, costs, materials or equipment necessary to repair or reinstall new an existing underground conduit is not included in the enclosed pricing. The customer is responsible for calling for and scheduling all necessary markings of other existing underground utilities with local or state authorities and/or utility at 1-800-272-1000. Should the existing conduit not meet adequate standards to facilitate a safe, efficient, and timely project schedule, Commercial Technology Group reserves the right to void any and all warranties resulting from system performance loss and/or operability associated with this condition as well as renegotiating the cost of that segment of the project, without any consequence to the remaining project scope or payment terms. It is the full responsibility of the customer to provide full connectivity through the customers LAN and WAN utilizing the customers existing network. System performance issues related to connectivity problems associated with the design or installation of the customers existing network, or available bandwidth provided to the company by the customer, or data cabling; which was not originally sold and/or installed by In Line Data and Security are the responsibility of the customer. Commercial Technology Group represents operability of only systems or equipment sold and installed by the company. It is the full responsibility of the customer, prior to system implementation and upon completion and acceptance of the scope of work, to maintain and manage data backups on a regular basis. Commercial Technology Group will not be responsible for any data loss, corruption, or deletion during the transitional process or after system start-up, which is not fully backed up in advance by the customer. It is also the full responsibility of the customer to install AntiVirus Software of their own choosing on any equipment sold and maintaining regular virus updates as they become available. It is also the full responsibility of the customer to perform regular Windows Updates on all equipment purchased by the seller. Commercial Technology Group accepts no responsibility for data loss or corruption resulting from viruses subsequent to the initial installation. It is the customer’s responsibility to maintain and hold valid licenses, current up to date versions, and full copies for all software they intend to install or utilize on the network, individual workstations, and/or servers. This includes all common software, as well as proprietary or “industry and market specific” software currently in use at your facility(ies) Commercial Technology Group makes no commitment or guarantee to the end user as to the successful function and operation of the above referenced software. It is the responsibility of the customer to have all necessary managers or supervisors present and available on all days of the work to provide and approve of access to restricted areas as well as management related decisions as they pertain to setup details, passwords, permissions, and any other means or information necessary to complete the project in a timely manner. Any delays, cancellations, or rescheduling for failing to do so will be billed as additional costs to the customer and the customer agrees to said additional charges. Any delays on site during the time that Commercial Technology Group installation crew is on site caused by anything not directly associated with the installation crew are the responsibility of the customer. The customer accepts that back charges will apply and agrees to said charges. Any delays caused by the customer shall have no effect on the original payment terms and customer accepts full responsibility to pay for the project in full by the original due date specified in either the quotation OR the invoice regardless of the customer caused delay, (minus no more than 5% retainage to insure completion after delay.) The Installation pricing quoted herein is based on a continuous NON STOP installation sequence. Should the customer request that the installation crew or technician leave the site temporarily for the customers convenience - , STOP - START / MOBILIZATION CHARGES will apply and the customer accepts responsibility for said charges. Any additional costs to remove installation rental equipment such as scissor lifts, forklifts, boom trucks, etc and return them to the job site after the delay is cleared up will be invoiced additionally to the customer and the customer agrees to said charges. While the Company makes every effort to provide courtesy service, the company’s ability to respond to a request for service is dependant on existing volume of requests, the nature and scope of those requests, and the need and availability of equipment necessary to execute the requests. For all standard service calls, the company makes no guarantees as to response times. The company accepts no liability whatsoever for any losses, major or incidental, resulting from system downtimes during the service call scheduling period. The company reserves the right of final say on all matters related to service including the incidental prioritization of service response. Safe Storage of any and all system equipment is the responsibility of the customer. Any damage, theft, or loss in any way of any system equipment before, during, or after the installation is the complete responsibility of the customer. While the Company will use reasonable means to ship by the specified date, we are not responsible for any loss or damage, direct or consequential, of any kind arising from delays, or non-performance resulting from causes, beyond the Company’s reasonable control, such as strikes, slowdowns, errors in manufacture, fire, failure or delays of raw materials, government orders or demands, etc. It is agreed that the company is not an insurer; that the payments hereunder are based solely on the value of the goods and services provided herein; that, from the nature of the goods and services provided it is impractical and extremely difficult to fix actual damages , if any, which may result from a failure of the company to perform any of its obligations hereunder; that in the case of such failure and a resulting loss to the customer, Commercial Technology Group’s liability shall be limited to and fixed at a sum of no more than $100, as liquidated damage and this liability shall be exclusive. DISCLAIMER OF WARRANTIES. THE EXPRESSED WARRANTIES CONTAINED IN ANY SECTION OR ADVERTISMENT OF THIS PRODUCT ARE THE ONLY WARRANTIES MADE BY COMMERCIAL TECHNOLOGY GROUP, INC CONCERNING THE SERVICES, THE SOFTWARE, THE PRODUCTS, WARRANTY WORK, IF ANY, & LICENCES GRANTED HEREUNDER. COMMERCIAL TECHNOLOGY GROUP, INC HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND CONCERNING THE SERVICES, THE SOFTWARE, THE PRODUCTS, WARRANTY WORK, IF ANY, & LICENCES GRANTED HEREUNDER WHETHER EXPRESSED, IMPLIED, STATUTORY OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF ANY DATA AND ANY OTHER INFORMATION PROVIDED TO THE CUSTOMER HEREUNDER. WAIVER OF CONSEQUENTIAL DAMAGES. COMMERCIAL TECHNOLOGY GROUP SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM INTERRUPTION OF OPERATIONS OR LOSS OF DATA OR BENEFITS, EVEN IF COMMERCIAL TECHNOLOGY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM (E.G., CONTRACT, TORT, WARRANTY OR OTHERWISE) OF ANY LEGAL OR EQUITABLE ACTION BROUGHT AGAINST COMMERCIAL TECHNOLOGY GROUP. IN NO EVENT WILL COMMERCIAL TECHNOLOGY GROUP, INC’s LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DEFAULT OF COMMERCIAL TECHNOLOGY GROUP HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF MONEY ACTUALLY PAID TO COMMERCIAL TECHNOLOGY GROUP BY THE CUSTOMER HEREUNDER. Non-Waiver; Severability. Either party's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. Governing Law and Forum. This Agreement and all claims related to it, its execution or the performance of the parties under it, shall be construed and governed in all respects according to the laws of the State of New Jersey, without regard to the conflict of law provisions thereof. Any dispute arising hereunder shall be tried solely in the appropriate federal or state court sitting in the State of New Jersey. Force Majeure. Commercial Technology Group shall not be responsible for delay or inability to perform caused by acts of God, governmental actions, labor unrest, acts of terrorism, riots, unusual traffic delays, or other causes beyond its control. All costs incurred by the Company in making alterations to the system as a result of the buyer providing incorrect dimensions, data, use, design or equipment, will be charged to the buyer. Removal of any component or portion of the system by the customer without the prior expressed written consent of Commercial Technology Group shall nullify and void any and all warranties expressed or implied by Commercial Technology Group and/or the OEM equipment manufacturer. Any item that is custom designed, made, or altered by Commercial Technology Group is not subject to cancellation. The Company reserves the right at any time to require from the buyer satisfactory security for payment. The Company shall have the right to stop work at any time and withhold deliveries of any or all of the goods ordered or to take possession of any equipment without notice if any payment is not made in accordance with the payment terms, or upon proof of the buyer’s inability to pay, and thereupon all the Company’s costs of labor and material and overhead for all products made or in process for buyer’s order shall become due and payable. Final acceptance and sign-off of the system as satisfactory constitutes approval and authorization of payment unless the buyer has already given the Company formal written notice to the contrary. These conditions of sale cannot be waived or varied by any conditions included in the buyer’s Purchase Order or otherwise, without the written consent of the Company. All quotations are in US funds unless otherwise stated. Prices quoted cover only products, supplies and equipment as specified in this proposal. Prices on undelivered portions of any order are subject to adjustment arising out of any changes in relevant Federal, Provincial or Municipal legislation. Interest will be charged monthly on overdue accounts at the lesser of 18% per annum or the then current prime rate of interest charged by Citibank plus 5%. This quotation is open for acceptance for thirty (30) days from the date hereof, unless otherwise stated. The prices quoted do not include any taxes. All Applicable Federal, Municipal, or local taxes are extra.

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