Watcher Products / DBA Watcher Total Protection
41W195 Railroad Street, Pingree Grove, IL 60140 / 877-289-2824
Buyer agrees that the following terms and conditions will govern Buyer’s order for equipment and service to be provided by Watcher Products Inc. This document constitutes an agreement between Buyer and Watcher Products Inc. Neither Watcher Products Inc. employees nor any subcontractors or agents are authorized to grant oral warranties or otherwise add to or modify the terms hereof orally. If Buyer wishes to rely upon an oral statement of such employee or agent, such statement must be incorporated herein in writing and signed by an officer of Watcher Products Inc. Authorized representatives of each party may modify this offer and agreement only in writing.
Shipment, Title and Risk of Loss – The terms of shipment are f.o.b. Buyer destination. Title to the goods and risk of loss and damage shall pass to the Buyer at the f.o.b. point/Buyer Destination.
Orders – Watcher Products Inc. reserves the right to reject any order for any reason at its sole discretion. Watcher Products’ acceptance of this agreement is subject to credit approval. Orders for modifications or additions to the products acquired under the original agreement shall also be governed by the terms and conditions of this agreement if order is accepted by Watcher Products Inc.
Delivery Date – Watcher Products Inc. will use its best efforts to deliver the products and services on the date scheduled by Watcher Products and Buyer. Products, prices and service charges may change if Buyer delays delivery.
In-Service Date – The In-Service Date is the date that the Buyer receives the equipment via an authorized Freight Handler. One Year Warranty Period begins upon the day that the goods are received by the Buyer.
Wiring – “Wire” or “Wiring” covered by this agreement includes only Watcher Products provided wire to and from surveillance cameras and network /digital video recorder (NVR/DVR unit). All other wiring provided by other sources to connect internet or Buyer owned computers and other equipment is not covered.
Price and Payment – Your total price for the product and services will be stated on your order. Unless otherwise noted on the order, all Member Stores and Affiliates will be billed directly from Corporation. Buyer authorizes Watcher Products Inc. to bill the corporation for the contracted price. Non-member stores will have payment terms noted on their order.
Returns – Refunds will only be issued for unused equipment returned to Watcher Products within 45 days from the original equipment delivery date. No refunds of any kind will be issued for damaged equipment, custom cut wiring or for equipment returned to Watcher Products after the specified 45 days.
Remote Access & Use – Buyer will have unlimited access to the Watcher Products client software & smart phone applications. Watcher Products will provide technical phone support for remote access. Watcher Products does not warrant that access will be uninterrupted or will be without defect or error. In the event that Buyer cannot access their surveillance system remotely due to unforeseen circumstances of any kind, Watcher Products will not be held liable for any special incidental, consequential, indirect or punitive damages arising from Buyer’s inability to access their system even if Watcher Products has been advised of the inability to access remotely. Remote access ability has no cash value and no cash refunds of any kind will be issued to Buyer for any inability to use the free remote access options. We highly recommend arranging for a Static IP Address for use with your Watcher Products system. Internet &/or power issues are not Watcher Products responsibility. Product Warranty/Return to Depot Basis – During the warranty period, Watcher Products provided product will operate in accordance with manufacturer specifications. If a product does not operate in accordance with specifications during the warranty period, Buyer must promptly notify Watcher Products. It is the Buyer’s responsibility to arrange and pay for any expenses to return the product in question to Watcher Products. Watcher Products, at its options, will either repair or replace the product and return the product to the Buyer without charge. Except as stated above, Watcher Products will make no warranties express or implied and specifically disclaim warranty or merchantability or fitness for a particular purpose.
Warranty Exclusions – The warranty provided does not cover repair for damages, malfunctions or performance characteristics caused by (1) the use of non-Watcher Products furnished equipment, software or facilities with the product (2) Buyer failure to follow Watcher Products installation, operation or maintenance instructions, including failure of Buyer to promptly return the product to provide Watcher Products with access to the product (3) failure or malfunction of equipment, software or facilities not serviced by Watcher Products such as, for example, internet provider service and equipment (4) actions of non-Watcher Products personnel including, but not limited to, abuse, misuse, negligence, product tampering or other actions of persons under Buyer’s control such as, but not limited to, employees, vendors and customers (5) delays, failure in performance or damages due to fire, explosion, past damage, power failures, power surges, water/flooding, strikes/labor disputes, acts of God, the elements/weather-related damage, war, civil disturbances, acts of civil or military authorities, terrorism, inability to secure new materials, transportation facilities, fuel or energy shortages, acts or omissions by Buyer or other causes beyond Watcher Products’ control whether or not similar to the foregoing. Watcher Products does not warrant uninterrupted or error free operation of the product. In addition, Watcher Products is not obligated to provide warranty or post-warranty service if Buyer modifies the product(s). At Buyer’s request, Watcher Products will perform repair or other services not covered by this agreement at standard rates for such service.
Product Placement – If Buyer moves a product after initial installation has been complete, additional charges may apply if Watcher Products incurs additional costs in providing warranty or post-warranty service as a result of the Buyer moving a product. Purchased or replacement parts and products may be new, remanufactured or refurbished. Any parts and/or products returned to Watcher Products on a warranty basis will become the property of Watcher Products.
Product Use – Buyer is responsible for all video surveillance system monitoring. Watcher Products will only provide the listed ordered equipment. Watcher Products will not be responsible for camera monitoring of Buyer’s system. Although all Watcher Products, products are designed to be reasonably secure, Watcher Products makes no express or implied warranty that any product is immune from or will prevent fraudulent intrusion, theft or any other unlawful or unwanted acts of any kind. By ordering a Watcher Products system, Buyer assumes all responsibility for the proper and lawful use of said system.
Third Party Products – The decision to acquire hardware, software, supplies or services from parties other than Watcher Products is solely Buyer’s decision and responsibility, even if Watcher Products agents assist Buyer with identifying, evaluating and selecting them. Watcher Products is not responsible for, and expressly disclaims liability for their performance.
Buyer Representations – Buyer represents and warrants that Buyer is indebted to Watcher Products or any assignee for the full amount of the purchase price for the product per the order. Buyer acknowledges that this Agreement will be duly executed and delivered and constitute valid and legal binding obligations of the Buyer enforceable in accordance with the respective terms.
Buyer’s Responsibilities – If Buyer uses Watcher Products on-site services including but not limited to installation and service, Buyer acknowledges responsibility for the following obligations. Buyer will ensure that Watcher Products personnel are not exposed to unsafe, unhealthy, abusive, violent or illegal activities, environment or conduct. Buyer will provide Watcher Products personnel with full access to the location where the installation or on-site service will be performed. Buyer will ensure that the appropriate electrical power, space and internet service is available and within reach of products. Buyer will have an adult representative present when Watcher Products is providing on-site service and Buyer agrees to any other obligations reasonably required by the Watcher Products personnel in order to provide the services pursuant to this agreement.
Proprietary Information – All proprietary data, confidential information and trade secrets of Watcher Products obtained by the Buyer in connection with the Agreement are and shall remain the property of Watcher Products.
Exclusion of Liability – Buyer agrees that officers, directors, employees and other agents of Watcher Products Inc. shall not be personally liable under this agreement or upon any claim arising out of the entry into, performance, or non-performance of this agreement or any part thereof, and Buyer’s sole recourse with respect to any such claim shall be against Watcher Products subject to other limitations set forth herein.
Revised 01/01/2016