Terms and Conditions

The terms and conditions of sale contained herein apply to all quotations made and purchase orders entered into by TALLYSMAN Wireless Inc., (TALLYSMAN).

  1. All prices quoted are in US funds, FOB TALLYSMAN’S facility in Ottawa, Ontario, Canada, unless otherwise stated.
  2. The prices quoted will be valid for a period of Thirty (30) days, beyond which the prices may be subject to change without notice. 
  3. The quoted price does not include applicable taxes, tariffs, duties, fees, surcharges or shipping charges. 
  4. All purchase orders are Non-Cancellable Non-Returnable unless otherwise stated. 
  5. TALLYSMAN payment terms are: Net Thirty (30) days from the date of invoice. Interest on overdue amounts is chargeable monthly at TALLYSMAN’S current rate in effect.
  6. All technical, commercial and business information disclosed pursuant to quotes shall be maintained in confidence by both parties, and not disclosed to any third party without written authorization. 
  7. Title to product purchased shall remain with TALLYSMAN until payment is received in full, where upon title shall vest with the purchaser. Risk of loss shall pass to purchaser FOB TALLYSMAN`S facility in Ottawa, Ontario, Canada. All claims for damages must be filed with the carrier. All shipments will normally be made Parcel Post, Air Express, or Air Freight. Unless specific instructions from the Buyer specify which of the foregoing methods is to be used, TALLYSMAN will exercise its own discretion. 
  8. Products sold by TALLYSMAN are warranted to be free from defects in materials, workmanship and software and shall meet the specifications applicable at date of purchase and for a period of three hundred and sixty five (365) days from date of shipment from TALLYSMAN.  THE FOREGOING IS IN LIEU OF ANY OTHER WARRANTY EXPRESS, IMPLIED OR STATUATORY, INCLUDING THE IMPLIED WARRANTIES OR MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. The Liability of TALLYSMAN under this warranty is limited solely to replacing, or repairing, or issuing credit (at the discretion of TALLYSMAN) for such products that become defective or fail to meet the specifications during the schedule period, or prior to the date Buyer uses or resells such products, whichever date sooner occurs, provided that TALLYSMAN will not be liable under this warranty unless; (i) TALLYSMAN is promptly notified in writing by Buyer upon discovery of defects or failure to meet specification, (ii) the defective unit is returned to TALLYSMAN, transportation prepaid by the Buyer, (iii) the defective units is received by TALLYSMAN for adjustment no later than Four (4) weeks following the last day of the warranty period, and (iv) TALLYSMAN examination of such unit shall disclose, to its satisfaction, that such defects or failures have not been caused by misuse, neglect, improper installation, repair, alteration or accident. 
  9. VOIDING WARRANTY: IN NO EVENT SHALL TALLYSMAN BE LIABLE TO THE BUYER FOR LOSS OF PROFITS, LOSS OF USE, OR DAMAGES OF ANY KIND BASED UPON A CLAIM FOR BREACH OF WARRANTY.
  10. TECHNICAL ADVICE: TALLYSMAN warranties as hereinabove set forth shall not be enlarged, diminished, or affected by, and no obligation of liability shall arise or grow out of, TALLYSMAN rendering of technical advice or service in connection with the Buyer’s order or the products furnished hereunder.
  11. LIMITATION OF LIABILITY: IN NO EVENT IS TALLYSMAN LAIBEL FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS OR GOODWILL) OR SPECIAL DAMAGES RESULTING FROM ITS PERFORMANCE OR USE OF ANY GOODS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF  WARRANTY OR SUCH PARTYS NEGLIGENCE.

Legal

Tallysman Wireless Inc. (hereafter “Tallysman”) maintains its website as a service to the Internet community. Access to and use of tallysman.com is subject to the terms and conditions set forth herein and all applicable laws. Tallysman may revise these terms and conditions from time to time by updating this posting.

This site and all of its contents including, but not limited to, all text and images (“content”) are owned and copyrighted by Tallysman or others with all rights reserved unless otherwise noted. The content, without the express written permission of Tallysman or the rightful owner, may not be distributed, downloaded, modified, edited, reused, reproduced, transmitted, performed, displayed or otherwise used by any mechanical or electronic means, except as provided herein.

Any content that is a trademark, logo, or service mark is also a registered and/or unregistered trademark of Tallysman or others, including, but not limited to, TALLYSMAN™, TALLYSMAN WIRELESS™ TALLYSMAN SPRITE™ and A TIME AND PLACE FOR EVERYTHING™.