Terms and Conditions


PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A BINDING ARBITRATION CLAUSE.

NOTE: These terms and conditions of sale apply to direct or indirect purchases made from North Texas POS, LLC by phone, the Internet, by purchase orders sent to, or direct from NTXPOS. “NTXPOS” refers to North Texas POS, LLC, and “you” refers to you as the user or buyer of products produced or sold by NTXPOS.

These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Product") sold by North Texas POS, LLC, including its affiliates or subsidiaries. By placing your order for Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be subject to these terms and conditions, you must promptly cancel your order before it goes into production. If you return your purchase within 21 days, NTXPOS will refund your purchase price minus shipping, handling, and up to a 15% restocking fee. You may also be responsible for the cost of the return shipping back to NTXPOS. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH NTXPOS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER NTXPOS TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

1.        Other Documents.  This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and NTXPOS. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.

2.        Trademarks; Copyrights. The "NTXPOS" name and the names of NTXPOS's Products and Services (collectively, "Names”) are solely for the purpose of accurately identifying the NTXPOS Products and Services. You may not use the Names for any purpose, and may not use any other NTXPOS trademarks, service marks, or copyrighted works. You agree to change or correct, at your own expense, any materials or activity that NTXPOS decides is inaccurate, objectionable or misleading, or a misuse of the Names, trademarks, service marks, logos, or copyrighted works. You are prohibited from using NTXPOS's logos, referring to yourself as an authorized reseller of NTXPOS, or creating the impression that NTXPOS is affiliated with you otherwise. You may not claim or imply that you and NTXPOS are legal partners or that NTXPOS has sponsored, authorized, approved, or endorsed your business or any offer or marketing, advertising, or promotion thereof in any manner. You may not register or use any domain name or business name containing or confusingly similar to any name or mark of NTXPOS's. You will clearly and prominently identify yourself in all your offers and advertising, marketing, and promotional materials. You understand and agree that NTXPOS is not associated with ANY other company or any other company’s products. All trademarks and copyrights are the property of their respective owners.

3.        Intellectual Property Ownership. All right, title and interest in the intellectual property rights in NTXPOS Products and Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, and any derivative works thereof, shall belong solely and exclusively to NTXPOS or its licensors, and you shall have no rights whatsoever in any of the foregoing other than the rights set forth in this Agreement. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the intellectual property rights in NTXPOS Products and Services, in whole or in part.

4.        Payment Terms; Orders; Quotes; Interest.  Terms of payment are within NTXPOS's sole discretion, and unless otherwise agreed to by NTXPOS, payment must be received by NTXPOS prior to NTXPOS's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by NTXPOS. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. NTXPOS may invoice parts of an order separately. Your order is subject to cancellation by NTXPOS, in NTXPOS's sole discretion. Unless you and NTXPOS have agreed to a different discount, NTXPOS's standard pricing policy for NTXPOS-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. NTXPOS is not responsible for pricing, typographical, or other errors in any offer by NTXPOS and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date. For all but consumer purchases, NTXPOS reserves the right to charge you a late penalty charge of 1.5% per month applied against undisputed overdue amounts or the maximum rate permitted by law, whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge. You agree that any and all additional fees, expenses and or other charges required to collect on the unpaid balances will be ADDED to your invoice total, including all attorney fees, court costs and collection agencies. All products that have not been paid for have no warranty, and then the Warranties section applies to all products from the original invoice date.

5.        Shipping Charges; Taxes; Title; Risk of Loss.  Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from NTXPOS to Customer upon shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by NTXPOS is NTXPOS's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify NTXPOS within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide NTXPOS with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping and delivery dates are estimates only.

6.        Warranties.  THE LIMITED WARRANTIES APPLICABLE TO NTXPOS-BRANDED HARDWARE PRODUCT CAN BE FOUND HERE OR IN THE DOCUMENTATION NTXPOS PROVIDES WITH BRANDED PRODUCT. NTXPOS MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY NTXPOS "AS IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY NTXPOS. NTXPOS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN NTXPOS'S APPLICABLE NTXPOS-BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. NTXPOS-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND NTXPOS IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL NTXPOS RECEIVES PAYMENT IN FULL. NTXPOS MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF NTXPOS DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD- PARTY TERMS AND CONDITIONS MAY APPLY. ALL PRODUCTS FROM NTXPOS COME WITH A 90 day WARRANTY UNLESS YOU PURCHASED ADDITIONAL COVERAGE AS STATED ON YOUR INVOICE. NTXPOS at its sole choice will repair, replace, or refund the purchase price of any failed product that is within 90 days of purchase and falls within the terms of the Service and Support as described within this document.

7.        Software.  All software and or firmware that may be embedded in products of NTXPOS provided are subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. Title to software remains with the applicable licensor(s).

8.        Return Policies; Exchanges.  You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees, including up to a 15% restocking fee, may apply. If you fail to follow the return or exchange instructions and policies provided by NTXPOS, NTXPOS is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At NTXPOS's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

9.        Changed or Discontinued Product.  NTXPOS's policy is one of ongoing update and revision. NTXPOS may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart" or ligature you may have prior to product updates or revisions. NTXPOS will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to- new, or reconditioned. Discontinued products may not be available at the time of shipment, you agree that you will not receive unavailable products and that you will not be charged for undelivered products and you accept that you may not be able to order those items in the future.

10.        Service and Support. This applies to all customers, including Small, Medium and Large Business and the Public Sector customers. In addition to these terms and conditions, NTXPOS and/or your third-party service provider may provide such service and support to you in accordance with term and conditions of NTXPOS or as otherwise delivered to you. NTXPOS and/or your third-party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Your purchase of services is pursuant to this Agreement and the terms and conditions of NTXPOS Service Descriptions, if applicable, published online at the time of your purchase. NTXPOS has no obligation to provide service or support until NTXPOS has received full payment for the Product or service/support contract you purchased. NTXPOS is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not NTXPOS. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). NTXPOS and/or your third-party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by NTXPOS or your-third-party service provider. NTXPOS and/or your third-party service provider are not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to NTXPOS and/or your third-party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause NTXPOS or your third-party service provider to be liable for copyright infringement if such data was copied by NTXPOS and/or your third- party service provider. Parts used in repairing or servicing Product(s) may be new, equivalent-to-new or reconditioned.

11.        Limitation of Liability.  NTXPOS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NTXPOS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, NTXPOS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

12.        Not For Resale or Export.  You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale, export or that you are purchasing on behalf of another entity. You agree that you will be responsible and liable for ANY and or all expenses resulting in your violation of this agreement. You agree that you are not purchasing products for deceptive reasons and you will be responsible and liable for ANY and or all expenses resulting in your violation of this agreement including ALL related NTXPOS attorney fees.

13.        Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND NTXPOS arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, NTXPOS's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Texas, WITHOUT REGARD TO CONFLICTS OF LAW. Dispute Resolution and Binding Arbitration.  ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND NTXPOS, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "NTXPOS") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), NTXPOS's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS and conducted in the state of Texas. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the dispute or controversy between customer and NTXPOS. In any dispute, NEITHER CUSTOMER NOR NTXPOS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' dispute resolution agreement, and if found unenforceable, the entire arbitration and dispute resolution provision shall not be enforced. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. NTXPOS will not be responsible for paying any individual consumer's arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. For information on AAA or JAMS, contact the following:  American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY 10017, www.adr.org; JAMS, 45 Broadway, New York, NY 10005, (800) 352-5267, www.jamsadr.com.

Term of Use Revisions NTXPOS may at any time revise these Terms and Conditions by updating this information. By using this North Texas POS, LLC website or purchasing products from North Texas POS, LLC, you agree to be bound by these Terms and Conditions and any such revisions and should therefore periodically visit www.NTXPOS. com to determine the then current Terms of Use to which you are bound.

Important Information: North Texas POS, LLC is not affiliated with QSR Automations or its products.  All trademarks of other parties, including QSR Automations, are the property of their respective owners. The marks of QSR Automations, ePic are federally registered trademarks of QSR Automations, Inc.

Subject to our Terms and Conditions. Any and all information subject to change without notice.