Terms and Conditions

TemperatureManager.com is a website service owned and operated by AIM Consulting, LLC (hereinafter referred to as AIM) through its AIMNET Smart Building products division. The following are AIM Consulting's conditions of sale and license for hardware, software and subscription products, ("Products").

GOVERNING TERMS - All sales of TemperatureManager.com products are subject solely to these terms and those on the face of a valid AIMNET Smart Building quotation. No other terms and conditions in addition to, or in conflict with these terms not separately and specifically executed by both parties as an amendment to these terms shall apply. ORDERS - Orders must be in the form of a valid, binding Purchase executed through the TemperatureManager.com website, via telephone order direct to AIM, or by valid purchase order issued by Customer.

PRICES - All prices are in United States Dollars.

TAXES AND FEES - Prices do not include any export fees, duties, GST, sales, use, excise, ad valorem, property withholding from source income or other taxes of any nature, or other taxes or fees applicable to the sale, use, license, or delivery of the Products, all of which are the responsibility of Customer.

DELIVERY - Equipment sold and software licensed are delivered F.O.B., AIM Consulting, Cheshire, CT. AIM will, unless otherwise requested by the customer, select the carrier and will separately charge shipping and insurance.

RETURNS – AIM does not accept returns or exchanges, all sales are final. No refunds will be provided. All warranty claims are provided directly by the Manufacturer of Products for which all Terms and Conditions are noted herein.

LICENSES, PERMITS AND EXPORT CONTROL - Customer will comply fully with the export control laws and regulations of the United States Government and will indemnify AIM for any claims or penalties incurred as a result of any violation of applicable United States law or regulations.

LIMITED WARRANTY AND DISCLAIMER OF WARRANTY - Products, are warranted directly by the Manufacture to the end-user to be free from defects in materials and workmanship and to substantially conform to the manufacturer's specifications in effect as of the date of shipment under normal use for a period of three years from the date of shipment. The manufacturer's sole obligation under this warranty for non-conformances occurring and reported directly to the manufacturer within the warranty period, is to provide a like-new replacement for a device, or a correction/work around for software or subscription service by download or other appropriate method. Manufacturer does not warrant that the use of Products will be uninterrupted or error free. In the event of a warranty failure end-user customers must call the manufacturer directly, secure a return authorization and ship the failed device, with all original, unaltered markings and labels, pre-paid direct to the manufacturer. AIM does not process warranty claims directly. The foregoing hardware, software and services warranties do not extend to defects or nonconformities resulting from unauthorized disassembly, misuse, improper installation or use, abuse, acts of God, modifications, or unauthorized maintenance. This limited warranty does not cover the repair of broken, scratched or damaged plastic or other cosmetic non-conformities. THE FOREGOING WARRANTIES REPRESENT AIM CONSULTINGS SOLE OBLIGATION AND CUSTOMER’S SOLE REMEDY FOR NON-CONFORMANCES. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Your warranty rights under State law may differ and certain of these disclaimers may not apply.

SOFTWARE LICENSE AGREEMENT Use of the Software provided embedded in and as a part of the manufacturer's Products is subject to the terms of the manufacturers Software License Agreement provided with the Product and also available at manufacturer’s websites, and the terms herein. Connection to and use of AIMNET hosted management services is subject to these terms and those of the AIMNET Software License or Subscription Agreement.

FORCE MAJEURE AIM Consulting is not liable for loss or damage due to failure or delay arising out of any cause beyond its reasonable control.

Terms of PAYMENT – All purchases are due and payable at time of completed order. Optional Purchase Orders are subject to AIM Consulting's credit approval. AIM Consulting may charge the Customer 1.5% interest per month or part on any past due amounts. Customer shall reimburse AIM for all reasonable costs and expenses of collection including attorney's fees. ASSIGNMENT - Neither party may assign its rights or obligations hereunder without the other party’s consent, which consent shall not be unreasonably withheld.

APPLICABLE LAW - These terms shall be governed by the laws of the State of Connecticut excluding its conflicts of laws rules. The United Nations Convention for the Sale of Goods shall not apply to any transactions hereunder.

CANCELLATION/RESCHEDULE Orders accepted by TemperatureManager.com and AIM Consulting are non-cancelable, non-returnable and non-refundable. Orders may be rescheduled a single time, by written notice no later than 30 days prior to a scheduled ship date, for up to forty-five (45) days without charge.

PATENT INFRINGEMENT Manufacturers agree, at its expense, to defend Customer in any suit, claim or proceeding brought against Customer alleging that the manufacturer's products directly infringe any U.S. Letters Patent or U.S. copyright, provided manufacturer is promptly notified of any actual or threatened claim, is given all reasonable assistance required, and is given sole control over the defense or settlement of the claim, at manufacturers’ expense. Manufacturer agrees to pay any final judgment rendered in such suit. Should the use of any equipment or software be enjoined, or in the event that manufacturer desires to minimize its liability hereunder, Manufacturer may fulfill its obligations hereunder by, either substituting fully equivalent non-infringing items, or modifying the infringing item so that it no longer infringes, or by obtaining for Customer, at the expense of the manufacturer, the right to continue use of such item. If in the manufacturers’ sole judgment, none of the foregoing is feasible, the manufacturer may take back such item and refund to Customer its then depreciated purchase price. The foregoing states the entire liability of the manufacturer for patent or copyright infringement or for any breach of warranty of non-infringement, express or implied. The foregoing indemnity shall not apply to any equipment made to the specification or design of Customer or to claims based upon the combination of any Products with products or software supplied by Customer or others.

LIMITATION OF LIABILITY - AIM SHALL NOT BE LIABLE FOR BUSINESS INTERRUPTION, LOSS OF DATA, PROFITS OR REVENUE, OR SPECIAL, IN-DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE AND FROM ANY CAUSE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, EVEN IF PAIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AIM BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE PRICE PAID FOR THE PRODUCTS PROVIDED HEREUNDER. VALIDITY - Should any provision of these terms be found illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the validity any other provision of this terms.

ARBITRATION - Any dispute arising in respect of these terms shall be referred to arbitration conducted in Hartford, CT under the rules of the American Arbitration Association. The award rendered in such arbitration will be final and binding and may be enforced in any court of competent jurisdiction. Each party shall bear its own costs incurred in the arbitration action. Notwithstanding the provisions of this section, any party may seek injunctive relief in any court of competent jurisdiction in order to protect its proprietary and confidential information and to enforce or obtain compliance with the scope of rights and licenses granted under these terms without first submitting such claim to arbitration.

Order Processing Time

Orders typically ship within 24 hours of final payment