Sales terms and conditions
All orders are subject to review and acceptance by TSFactory. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.
TSFactory and RecordTS are registered trademarks of TSFactory. This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2049 TSFactory.
All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted.
The name of TSFactory or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission.
The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
TSFactory reserves the right at any time after receipt of your order to accept or decline your order for any reason. TSFactory reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (USD) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, TSFactory shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. TSFactory shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TSFactory shall immediately issue a credit to your credit card account in the amount of the charge.
Every product you buy from TSFactory is backed first by the product manufacturer's or supplier's warranty.
TSFactory has a strict no return policy once product licenses have been transmitted. This is because once licenses have been received there is no way to return them. Therefore all sales are final once product licenses have been sent. Customers have the option to test all software for a trial period of 30 days prior to purchase.
For orders where product licenses have not been sent, all order refunds must be approved by TSFactory management before a refund may be issued. We reserve the right to refuse any request for refund at our sole descretion. Refunds will not be issued for orders older than 30 days without prior management approval and at our sole descretion, whether a license has been issued or not.
The price for each copy of each Product ordered by Customer from TSFactory shall be those
listed on our website unless otherwise quoted by TSFactory sales personnel. Sales quotations from companies or entities other than TSFactory will not be honored unless prior approval received from TSFactory management. All prices are in US Dollars unless otherwise stated.
Payment for all Products ordered from TSFactory by Customer shall be due and payable on receipt, payable via credit card, Paypal, or wire transfer. Customer is responsible for all wire
transfer fees. The payment shall be equal to the total of any applicable TSFactory invoices minus any outstanding credits for returns,
or other pre-arranged credits or expenses that have been agreed upon in writing. In addition, failure of Customer to make any
payment when due, except in the case of a good faith dispute, shall constitute sufficient cause for TSFactory to suspend its
performance under this Agreement if payment is not made within thirty (30) days of a written notification from TSFactory. All payments
owed under this Agreement shall be made in US Dollars unless otherwise stated.
Prices to Customers residing in North Carolina, United States include NC state tax, unless Customer submits proper tax exclusion documentation such as 5013C or similar. Under no circumstances will Customer
be responsible for TSFactory's income tax, franchise tax, or other similar tax liability. Customers outside North Carolina, United States, will not have sales tax added to their orders. Non-resident Customers and foreign Customers are responsible for any and all sales
and government taxes it is liable for.
Processing Time of Manual (NON E-COMMERCE) Orders
Your order is thoroughly reviewed by our Order Processing Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Order Processing Department, it is submitted for processing.
Please note, credit card processing can take up to 3 business days (Depending on the accuracy of the information given to us by the customer.). Further, for security reasons, voice confirmation may be required before we can process your credit card for payment.
Total Time for Delivery
Total time is based on the amount of time it takes to get payment authorization, order processing, and license key generation. This can range from 24 hours to 48 hours.
All product licenses and order documents are delivered electronically via email to the registered person placing the order or their consigns. We do not ship any physical product or documentation with the exception of paper invoices and signed sales contracts when requested or required.
If this transaction involves an export under the U.S. export regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported by TSFactory were exported in accordance with such regulations. Diversion, use, export or re-export contrary to law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under the law to receive commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the country. The aforementioned country list is not intended to be exclusive and may be updated by the US Department of Commerce or Department of Homeland Security or other US goverment offices. For more information on trade laws, please visit the US Department of Commerce's website.
Customer will not (i) use the Services or Products other than in connection with the Customer systems for which Customer has purchased the Services or (ii) resell the Services.
Customer is responsible for the back-up of its data and software. TSFactory will not be liable for any loss, corruption, or damage to data or software.
If Customer engages TSFactory to install or use any third party software or materials as part of the Services, Customer will have and maintain sufficient rights or licences to such software to allow TSFactory to perform the Services.
Where TSFactory provides access to online resources as part of the Services, Customer (i) will comply with TSFactory's reasonable instructions and (ii) will not cause any adverse impact to the Services.
There are no other express warranties or conditions respecting the equipment. Implied warranties, if any, are limited to the duration of the express warranty provided herein. Some states do not allow limitations on how long an implied warranty lasts so that the foregoing limitation may not apply to you.
LIMITATION OF LIABILITY
In no event shall TSFactory or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS
You and TSFactory agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from TSFactory by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in Raleigh, North Carolina, United States.
We agree that the American Arbitration Association shall administer the arbitration, and that the American Arbitration Association's Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association's web site at www.adr.org . You and TSFactory agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. You and TSFactory agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. If you wish to begin arbitration against TSFactory you must file a case with the American Arbitration Association.
This Arbitration Agreement affects your legal rights. Arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and TSFactory are each waiving the right to a trial by jury or to participate in a class action.