Image Technology may collect personally identifiable information, such as your name. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Image Technology. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Image Technology website. Image Technology encourages you to review the privacy statements of websites you choose to link to from Image Technology so that you can understand how those websites collect, use and share your information. Image Technology is not responsible for the privacy statements or other content on websites outside of the Image Technology website.
Image Technology collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Image Technology may also use your personally identifiable information to inform you of other products or services available from Image Technology and its affiliates. Image Technology may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Image Technology does not sell, rent or lease its customer lists to third parties.
Image Technology may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Image Technology, and they are required to maintain the confidentiality of your information.
Image Technology will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Image Technology or the site; (b) protect and defend the rights or property of Image Technology; and, (c) act under exigent circumstances to protect the personal safety of users of Image Technology, or the public.
Image Technology secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Image Technology does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Image Technology by contacting us here:
- Web page: _________________
- Email: _________________
- Phone: _________________
Image Technology will occasionally update this Statement of Privacy to reflect company and
customer feedback. Image Technology encourages you to periodically review this Statement to be
informed of how Image Technology is protecting your information.
Image Technology welcomes your questions or comments regarding this Statement of Privacy. If you believe that Image Technology has not adhered to this Statement, please contact Image Technology at:
Image Technology, Inc.
1380 N. Knollwood Circle
Anaheim, California 92801
Effective as of December 01, 2015
*DEFINITION: Image Technology means Image Technology Equipment, Inc., Image Technology Chemical, Inc. and Image Technology Ink, Inc. and or any affiliates or subsidiaries of these companies.
a. Unless otherwise agreed to in writing by Image Technology, all quotations expire thirty(30) days after the date of quotation. All prices quoted are valid only if Buyer's requested delivery date (including any change orders) is within six(6) months of the date on which the original order is placed. (Change orders are subject to new price quotation)
b. Buyer agrees that its order constitutes a security agreement, under which Buyer grants to Image Technology, Inc. a purchase money security interest in each product purchased by the Buyer hereunder for the amount of its purchase price, and Image Technology, Inc. hereby reserves such security interest. In order to protect IMAGE TECHNOLOGY, INC.'s security interest, Buyer agrees that
(i) Buyer will execute any financing statements and amendments and supplements thereto, or other instruments that seller, as Secured Party, is required to file in compliance with the Commercial Code of any state, or any other law of the United States, and
(ii) IMAGE TECHNOLOGY, INC. may file such financing statements and Buyer's order, or a carbon photocopy or other reproduction of Buyer's Order, with the appropriate governmental authorities at any time, alone or with other documents that IMAGE TECHNOLOGY, INC. determines to be necessary or desirable to perfect or protect the security interests created hereby. Payment in full of the purchase price of any product will release the security interest on that product.
a. Payment is to be made according to the terms on the front side of submitted Proposal. Any late payments are subjected to a one and half percent (1 1/2%) interest charge per month.
b. Buyer hereby grants and IMAGE TECHNOLOGY, INC. reserves a purchase money security interest in each product purchased hereunder, and in any proceeds thereof, for the amount of its purchase price. Upon request by IMAGE TECHNOLOGY, INC. buyer shall sign any document required to perfect such security interest. Payment in full of the purchase price of any product purchased hereunder shall release the security interest in that product.
a. Upon a default payment, IMAGE TECHNOLOGY, INC. may, at its election, without notice and without demand, do any one or more of the following, all of which are hereby are authorized by Buyer:
(i) declare all unpaid installments immediately due and payable;
(ii) enter, with or without process of law, any premises where the products might be and without breach of the peace take possession of the products and store them on the said premises, without charge or liability to IMAGE TECHNOLOGY, INC. therefore, or remove the products to such other place or places as IMAGE TECHNOLOGY, INC. deems convenient, all until foreclosure, sale, lease, or other disposition of the products by IMAGE TECHNOLOGY, INC.;
(iii) sell or otherwise dispose of the products, at public or private sale in accordance with applicable law, for cash or credit at the election of IMAGE TECHNOLOGY, INC. (but Buyer shall be credited with the net proceeds of any such sale only when said proceeds are actually received by IMAGE TECHNOLOGY, INC.),and IMAGE TECHNOLOGY, INC. may become purchaser at any such sale if permissible under applicable law;(iv)exercise any or all of rights accruing to a secured party under the uniform Commercial Code and any applicable law upon default by a debtor. Buyer will, if IMAGE TECHNOLOGY, INC. requests, assemble the products and made them available to IMAGE TECHNOLOGY, INC. at a place to be designated by IMAGE TECHNOLOGY, INC. which is reasonably convenient to IMAGE TECHNOLOGY, INC. and Buyer.
b. Buyer will pay IMAGE TECHNOLOGY, INC. any deficiency that may remain after IMAGE TECHNOLOGY, INC. credits Buyer's liabilities in the net amount of any proceeds received by IMAGE TECHNOLOGY, INC. through IMAGE TECHNOLOGY, INC.'s exercise of any or all of its rights or with any amounts received by IMAGE TECHNOLOGY, INC. from the sale, lease or other disposition of the products by a receiver, trustee, custodian or auctioneer. All IMAGE TECHNOLOGY, INC.'s rights under this Contract are cumulative.
c. To the extent permitted by applicable law, Buyer hereby waives and releases IMAGE TECHNOLOGY, INC. of and from any and all liabilities or penalties for failure of IMAGE TECHNOLOGY, INC. to comply with any statutory or other requirement imposed on IMAGE TECHNOLOGY, INC. relating to notices of sale, holding of sale, or reporting of any sale, and Buyer waives all rights of redemption from any such sale. In the event IMAGE TECHNOLOGY, INC. seeks to take possession of the products by replevin or other court process, Buyer hereby irrevocably waives any bonds, and any surety or security relating thereto, required by any statute, court rule or otherwise as an incident of such possession, and waives any demand for possession prior to the commencement of any suit or action to recover possession of the products and waives the right to trial by jury with respect thereto and in any action in which IMAGE TECHNOLOGY, INC. is a party.
a. Shipments of any products purchased are subject to IMAGE TECHNOLOGY, INC.'s availability schedule. IMAGE TECHNOLOGY, INC. shall make every reasonable effort to meet any delivery date(s) quoted or acknowledged. However, IMAGE TECHNOLOGY, INC. will not be liable for its failure to meet such date(s).
b. IMAGE TECHNOLOGY, INC. shall not be liable for any delay in performance hereunder due to unforeseen circumstances or due to causes beyond it control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation, and delays in delivery or inability to deliver by IMAGE TECHNOLOGY, INC.'s suppliers.
a. All orders are shipped F.O.B. manufacturer's plant, freight collect unless otherwise agreed to by IMAGE TECHNOLOGY, INC..
b. Unless otherwise agreed to in writing by IMAGE TECHNOLOGY, INC., all products shall be packed, if appropriate, for shipment and storage in accordance with standard commercial practices.
a. These Terms and Conditions of sale and any attachments take precedence over Buyer's additional or different terms and conditions, to which notice of objection is hereby given. Acceptance by Buyer is limited to these terms and conditions. Neither IMAGE TECHNOLOGY, INC.'s commencement of performance nor delivery shall be deemed or construed as acceptance of Buyer's additional or different terms and conditions.
b. Buyer's purchase of IMAGE TECHNOLOGY, INC. products hereunder represents acceptance of these Terms and Conditions of Sale and any attachments, which together constitute the entire understanding between the parties and supersede any previous communications, representations, or agreements by either party whether verbal or written. No change or modification of any of the terms or conditions herein shall be valid or binding on either party unless in writing and signed by an authorized representative of each party.
If Buyer elects to cancel this order, written notice must be given to IMAGE TECHNOLOGY, INC. within 30 days from date of IMAGE TECHNOLOGY, INC. Acknowledgement. Buyer agrees that all down payment monies will be considered as part of liquidated damages and will be applied towards IMAGE TECHNOLOGY, INC.'s cancellation charge. Additionally, Buyer agrees to reimburse IMAGE TECHNOLOGY, INC. with all costs and labor associated with this order, in addition to the forfeiture of down payment monies.
Acceptance of the product(s) which are the subject of this document shall take place at IMAGE TECHNOLOGY, INC.'s factory at the conclusion of the manufacturing process. This acceptance by the Purchaser shall be accomplished and conclusively established at the time that IMAGE TECHNOLOGY, INC. performs, and the subject equipment passes, all applicable test procedures and programs established for the equipment.
Products manufactured by IMAGE TECHNOLOGY, INC. may offer limited warranties from the respective manufacturer of the equipment against defects in materials and workmanship. If IMAGE TECHNOLOGY, INC. receives notice of such defects during the warranty period, the equipment manufacturers, at their option, may repair or replace products which prove to be defective. The warranty extends to the first Buyer only and terminates if the products are transferred or sold to another entity. The foregoing warranty is in lieu of, and IMAGE TECHNOLOGY, INC. disclaims all other warranties, express, implied, or otherwise, including, without limitation, any warranty of merchantability or fitness for a particular purpose. In no event will IMAGE TECHNOLOGY, INC. be liable to buyer for exemplary, incidental, indirect, special, or consequential damages of any kind, including, without limitation, loss of profit, loss of use, savings, or revenue, whether or not IMAGE TECHNOLOGY, INC. has been advised of the possibility of such loss, however caused and on any theory of liability in contract, in tort, under any warranty, in negligence, in strict liability, or otherwise, arising out of this agreement or Buyer's relationship with IMAGE TECHNOLOGY, INC.. IMAGE TECHNOLOGY, INC. disclaims any liability whatsoever for the Customer's environs where the equipment is to be operated and/or stored. This includes, but is not limited to, building construction, floor load, capacity of Electrical Panels or Service, atmosphere chemical content, ambient temperature and humidity content, or discharge from the exhaust plenums. Customer is solely responsible for obtaining and the expense of any Permits or Fees that may be required for the installation and operation of the equipment. IMAGE TECHNOLOGY, INC.'s liability arising out of the terms and conditions of sale and/or sale or use of the product, including without limitation, any and all claims combined, will not exceed the amount of the purchase price of the products. In no event will IMAGE TECHNOLOGY, INC. be liable for the cost of procurement of substitute goods by Buyer or any other person or entity. Buyer hereby agrees that the price stated for the equipment is sufficient consideration in limiting IMAGE TECHNOLOGY, INC.'s liability. No action, regardless of form, arising out the transactions under this Agreement may be brought by Buyer more than one (1)year after the cause of action has accrued. IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY FOR ANY EQUIPMENT WHETHER LIABILITY IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE IN STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER. NOT WITHSTANDING THE FOREGOING PROVISION, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE EQUIPMENT IS A CONSIDERATION IN LIMITING SELLER'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE (1)YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. IMAGE TECHNOLOGY, INC. SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The remedies provided herein are Buyer's sole and exclusive remedies. In no event shall IMAGE TECHNOLOGY, INC. be liable for direct, special, incidental or consequential damages (including loss of profits) whether based on contract, tort or any other legal theory.
a. Except as may be prohibited by the U.S. bankruptcy laws, in the event of any insolvency or inability to pay debts as they become due by a party hereto, or voluntary or involuntary bankruptcy proceeding by or against a party hereto, or appointment of a receiver or assignee for the benefit of creditors, the other party may elect to cancel any unfulfilled obligations hereunder.
b. Any required notices shall be given in writing at the address of each party set forth in the attachments hereto, or to such other address as either party may substitute by written notice to the other.
c. Any dispute regarding the interpretation or validity hereof shall be governed by the laws of the state of California. The parties hereby agree that any dispute relating to the products sold hereunder shall be subject to the jurisdiction of the courts within the State of California.
d. Buyer agrees to pay all of IMAGE TECHNOLOGY, INC.'s costs and expenses, including attorney's fees, if IMAGE TECHNOLOGY, INC. must bring a legal proceeding to enforce its rights hereunder.
e. Buyer may not assign any orders hereunder without the prior written permission of IMAGE TECHNOLOGY, INC.; any attempt to assign any rights, duties, or obligations, that arise under such orders without IMAGE TECHNOLOGY, INC.'s permission will be null and void.
f. In the event that any of the terms and conditions hereof will be held by a court of competent jurisdiction or other tribunal to be unenforceable, the remaining terms and conditions will remain in full force and effect, provided that in such event the parties agree to negotiate in good faith substitute enforceable provisions that most nearly effect the parties' intent hereunder.
g. Notwithstanding any other provision to the contrary, Buyer indemnifies and agrees to defend and hold IMAGE TECHNOLOGY, INC. and any of its successors and assignees harmless from and against all claims, costs, expenses (including, but not limited to, reasonable attorney's fees), damages, losses, and liabilities of any nature whatsoever that may be imposed on, incurred by, or asserted against any such indemnified party with respect to any product or its purchase, acceptance, delivery, ownership leasing possession, maintenance, use, operation, or transportation, whether or not other parties are involved.
h. For the avoidance of doubt, no remedy referred to in this Agreement is intended to be exclusive, but each shall be in addition to any other remedy referred to or otherwise available to IMAGE TECHNOLOGY, INC. at law or in equity. No express or implied waiver by IMAGE TECHNOLOGY, INC. of any default shall constitute a waiver of any default by Buyer or a waiver of any of IMAGE TECHNOLOGY, INC.'s rights, and no delay by IMAGE TECHNOLOGY, INC. in enforcing any right or requiring performance of any provision of this Agreement by Buyer shall be a waiver of such right or effect the right of IMAGE TECHNOLOGY, INC. to enforce such provisions in this agreement.