Terms and Conditions

Cancellation Policy

You may request that an Order be cancelled up to 48 hours after order placement without incurring restocking fees; if such a request is made after 48 hours of your order placement, a 20% restocking fee will apply. After shipment of Order, Warranty Policy will apply, and ALL SALES ARE FINAL.

A call to ODS at +281-469-4365 during normal hours of operation (8-5 CST) is required to request an order cancellation and to receive a confirmation. If you’re not given a confirmation by your Sales Rep. or any other ODS employee prior to the 48 hours after order placement a 20% restocking fee will apply, ALL SALES ARE FINAL.

Warranty Policy

OMNIDATA SERVICES GROUP LLC. STANDARD EQUIPMENT WARRANTY

OmniData Services Group LLC (ODS) warrants that all OmniData Services Group LLC. equipment from the manufacturer will be free of defects in materials or workmanship for the period of one (1) year. Warranty begins from the date of shipment from a ODS facility or a manufacturer’s facility. The warranty is extended to customers and applies to equipment purchased, installed, and used for the purpose for which such equipment was originally designed. The above warranties cover only defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, or improper installation or repairs made by anyone other than the manufacturer of the equipment, ODS or a ODS authorized third-party service provider. ODS reserves the right to substitute functionally equivalent new or serviceable used parts.

WARRANTY CLAIMS AND PROCEDURES

  1. During the applicable Standard Equipment Warranty Period outlined above, customers’ sole and exclusive remedy for any breach of the Standard Equipment Warranty will be, at ODSs sole discretion and option, the repair or replacement of the defective product. Components that customer claims to be defective must be available to ODS for inspection and evaluation. To be entitled to rights under the Standard Equipment Warranty, the customer must notify ODS in writing within thirty (14) days after discovering a suspected defect in any product, but in any event prior to the expiration of the applicable Standard Equipment Warranty Period. Notice to a ODS dealer, systems integrator, sales representative or other third party is not notice to ODS. Following its receipt of any such customer notice, ODS will determine whether the reported problem is covered by this Standard Equipment Warranty. If ODS determines that the problem is covered, ODS will authorize repair or replacement of the defective product, as deemed appropriate by ODS in its sole discretion.

 

  1. Before shipping any product to ODS, the customer must obtain a written return authorization from ODS and provide any proof of warranty eligibility requested by ODS. Any product received by ODS without a return authorization may, at ODSs option, be returned to the customer collect. Once a return authorization is obtained, the customer is responsible for packing and shipping the product/component to which its warranty claim relates to a service facility designated by ODS, within thirty (30) days after receipt of the return authorization. Upon receipt of replacement equipment (or part thereof), customer has thirty (30) days to tender the defective equipment (or part thereof) to the return carrier for shipment to the service center designated by ODS. If customer does not timely return the defective equipment (or part thereof), ODS shall invoice customer for the list price of such equipment (or part thereof), plus applicable shipping. Such failure to return the equipment (or part thereof) may, in ODSs discretion, be grounds for termination of the warranty and/or suspension of any future advance exchange privileges until such outstanding defective equipment has been returned.

 

  1. ODS will provide customer with new, rebuilt, refurbished or alternate equipment (or part thereof) of equal or improved quality, as exchange equipment (or part thereof) to replace eligible defective equipment (or part thereof). Any alternate equipment (or part thereof) will meet or exceed the specifications of the replaced equipment (or part thereof). Rebuilt or refurbished equipment may bear cosmetic blemishes that do not affect performance. Unless otherwise specified by ODS in writing, repaired or replaced equipment (or parts thereof) are covered only for the remainder of the term of the applicable Standard Equipment Warranty. All defective equipment (or parts thereof) replaced by ODS become the property of ODS. ODS has no obligation to (i) service, exchange or otherwise replace any equipment (or part thereof) that has been damaged, modified, abused, misused or over-used as determined by ODS or has been used with non-ODS supplies or products that have caused damage or malfunction; (ii) paint, refinish, refurbish, restore or exchange any equipment (or part thereof) with cosmetic blemishes; (iii) service, exchange or otherwise replace any equipment (or part thereof) if the same would interfere with, impede or be redundant with normal or scheduled maintenance of such equipment (or part thereof); (iv) service, exchange or otherwise replace any equipment (or part thereof) that is within sixty (60) days of the end of its production life; or (v) provide any 3rd party application software support or service involving application hardware or replace any accessories. If ODS elects to perform any such services at customers request, then such services will be deemed a service call and all labor, parts and materials used for the service call will be charged at ODSs then-prevailing rates.
  1. After the receipt of sold goods, the customer will have 15 days to notify ODS that the customer no longer wants or needs the equipment. If the goods are returned in original packaging the customer will receive a full refund minus the 20% restocking fee. If the customer notifies ODS after the 15 days no refund will be issued.

EQUIPMENT WARRANTY EXCLUSIONS

  1. Defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside of ODSs control, or (B) customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the equipment in any way. Customer must provide qualified technical personnel to maintain and repair the equipment.
  1. Alterations and/or Modifications to any part of ODS’s product, without ODS’s written authorization unconditionally VOIDS the ODS Standard Warranty.Equipment built to customers specifications that are later found not to meet customers’ needs or expectations.
  2. The performance of the equipment when used in combination with equipment not purchased, specified, or approved by ODS.
  1. Batteries and other consumable goods.
  1. Wearable items, such as tooling, cables, part harnesses, contacts etc.
  1. Any other cause which does not relate to a product defect.
  1. Cartons or any accessories used in conjunction with the Product.

If Product is returned as specified to the appropriate ODS Depot Center for repair or replacement, Omni Data Services will pay labor and material expenses for covered items. Also, ODS will cover the cost of prepaid return freight to the end user (U.S. domestic only).  For defective parts taken from warranted whole unit(s) and returned to ODS, ODS will cover return shipping costs to locations outside continental U.S.A. ODS will not pay for the following:

   1. Removal or installation charges.

   2. Costs of initial technical adjustments (setups) including adjustment of user controls.

   3. Shipping insurance charges. Insurance is the responsibility of the Buyer. Omni Data Services will prepay

       insurance and bill the end user for return shipment of repaired products at the end user's request.

   4. Freight costs to return the product to Omni Data Services (domestic U.S.A.).

 

ADDITIONAL WARRANTY NOTES

  1. OEM or third-party equipment that is incorporated into ODS equipment is covered under the applicable ODS Standard Equipment Warranty unless the OEM or Third-Party equipment carries its own limited warranty, in which event the OEM or third-party warranty will apply to such equipment incorporated into ODS equipment.
  1. Items Sold As Resale. Items sold as resale are such items that are not manufactured by ODS but may be utilized in conjunction with or independently of ODS manufactured equipment (such as computers, printers and network adapters) and shall be covered only by the specific warranty terms of the supplier or original equipment manufacturer of those items.
  1. The ODS Warranty applies to the original purchaser and is not transferrable.Used Equipment. IF THE EQUIPMENT SPECIFIED IN AN ORDER IS DESCRIBED AS USED, UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES, IT IS SOLD AS IS AND WITH NO WARRANTY.

The above warranty is contingent upon the proper use of the Products and will not apply to Products on which the original identification marks have been removed or altered. In addition, this warranty shall not apply to defects or failures due to:

   1. Accident, neglect or misuse, fire, water, lightning or other acts of nature, improper storage, unauthorized

       modification, or failure to follow instructions supplied with the Product.

   2. Failure or defect of electrical power, external electrical circuitry, air-conditioning or humidity control.

   3. The use of items not provided by Omni Data Services

   4. Unusual stress.

   5. Modification or alteration of the product by any parties other than Omni Data Services

   6. Mis-adjustment, repair or attempted repair or service of the product by any parties other than Omni Data   Services or an authorized manufacturer service company.

   7. Damage caused by shipment of the product (claims must be submitted to the Freight Carrier).

   8. Installation or removal of the Product.

 

SERVICES WARRANTY

ODS warrants that the services will be performed in a professional manner (the Services Warranty). Notice of a breach of the Services Warranty must (i) specify in reasonable detail, the nature of the claim, and (ii) be received within thirty (30) days from the last day of performance of the services. Upon notice of a breach of the services warranty and ODS determination of the validity of such breach of the Services Warranty, ODS will re-perform the applicable services at ODS expense. If after reasonable opportunity ODS is unable to re-perform such services to the reasonable satisfaction of customer, customer may, as its exclusive remedy, obtain a refund of the fees paid to ODS under the applicable order for such services.

 

DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY PROVIDED IN THIS STANDARD WARRANTY POLICY STATEMENT, ODS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL ODS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF ERROR CORRECTION, REPAIR OR REPLACEMENT, REPERFORMANCE OF SERVICES AND REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF ODS LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE ODS EQUIPMENT OR SOFTWARE LICENSES SOLD TO CUSTOMER AND WARRANTED HEREUNDER, ODS PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER RELATED TO THIS STANDARD WARRANTY POLICY STATEMENT, FOR ANY AND ALL CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY ODS FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. GOVERNING LAW AND JURISDICTION