Terms & Conditions

1. Agreement

Unless otherwise agreed in a written document, these Terms and Conditions of Sales and Service ("Terms") govern the purchase of goods (including, but not limited to, new and used equipment, software, components, technology and parts) ("Goods") and services ("Services") from In Balance IT Solutions LLC ("In Balance") by any individual or entity that purchases such Goods or Services ("Client").

In Balance thereby rejects the terms of any purchase order or other document submitted by Client that conflicts with these Terms and Conditions. The placing of an order with In Balance or the receipt or acceptance of Goods or Services by Client constitutes Client's acceptance of these Terms.

2. Order and Delivery of Product, Software and/or Services

All orders for Product, Software and/or Services are subject to credit approval and final acceptance by In Balance in its sole discretion. Client shall have no right to cancel purchase orders for Product, Software and/or Services once a purchase order is issued. Client acknowledges that estimated delivery dates for Product, Software and/or Services are estimates only; actual delivery dates depend on a variety of factors, including availability of product and the production schedules of manufacturers.

In Balance shall have no liability for any delay in performance of Services or delivery of Product, Software and/or Services caused by circumstances beyond its reasonable control, including acts of God, acts of war or terrorism, fire or other casualty, storms, strikes, labor shortages, shortages of materials, manufacturer delays, pandemic, epidemic, or revisions to laws, regulations or governmental requirements.

Non-Cancellable, Non-Returnable, and Non-Refundable

As acknowledged and agreed upon by Client prior to purchase, certain Product, Software and/or Services — including but not limited to special-order, configure-to-order, manufacturer-direct, and non-stocked items — are designated as Non-Cancellable, Non-Returnable, and Non-Refundable ("NCNR").

All sales of Product, Software and/or Services are final. Client shall have no right to cancel, return, or receive a refund for Product, Software and/or Services after a purchase order has been issued. This policy reflects the agreements in place with In Balance manufacturers, distribution partners, and services vendors. This policy is in-line with purchasing commitments made by In Balance to its manufacturers and distributors on Client's behalf.

3. Pricing

The price for Goods shall be the price set forth on a written quote issued by In Balance ("Quote"). Unless otherwise set forth on a Quote, the labor rates for Services shall be In Balance's standard labor rates for the applicable type of Service in effect at the time the Services are performed. Pricing for future orders is subject to change without notice.

4. Taxes

Client will promptly pay to In Balance any taxes that In Balance is required to collect with respect to the purchase of Goods and/or Services, including value added, personal property, sales, use and similar taxes ("Taxes"). For any Taxes from which Client claims exemption, Client shall provide In Balance with properly completed exemption certificates and any documentation needed to validate the exemption prior to purchase.

5. Payment Terms

For Clients with an open credit account with In Balance, all payments are Net 30 days. In Balance may, in its sole discretion, at any time: (a) revoke credit; (b) modify terms and conditions of credit; (c) require payment in advance; and/or (d) withhold Goods, completed Services or scheduled Services until receipt of payment.

If Client fails to pay for Goods and/or Services as and when due, Client shall pay a late charge of 1% of the invoice balance each month until charges are paid in full, and Client shall pay In Balance all reasonable attorneys' fees and collection costs incurred.

6. Warranties

New Goods: If Client is purchasing new Goods, Client acknowledges that In Balance is not the manufacturer. If the Goods include a manufacturer's warranty, In Balance will pass through to Client the manufacturer's warranty to the extent permitted.

Used Goods: If Client is purchasing used Goods, the only warranties are those expressly set forth in the bill of sale signed by In Balance.

Services: In Balance warrants that its Services will be completed in a good and workmanlike manner.

WARRANTY DISCLAIMER: IN BALANCE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GOODS OR SERVICES OTHER THAN THE FOREGOING WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Indemnification

Each party agrees to defend, indemnify and hold harmless the other party for, from and against any third-party claims related to the Goods or Services to the extent such third-party claims are caused by the indemnifying party's negligent acts or omissions.

8. Liability Limitation

In no event shall either party be liable for any special, incidental, indirect, punitive, exemplary or consequential damages, including lost profits, loss of use of property or equipment, downtime, loss of third-party contracts or lost production. In Balance's maximum aggregate liability for damages or loss shall in no event exceed the amount Client paid to In Balance for the Goods or Services to which the liability relates.

Contact Us

If you have any questions about these Terms and Conditions, please contact us by phone: 630-686-8800