Sales Agreement Terms & Conditions – Advanced Hospitality Systems
Effective Date: August 27, 2025
Terms and Conditions of Service
Sales Agreement Terms and Conditions
1. DESCRIPTION OF SYSTEM
Subject to all of the terms and conditions herein, POS America t/a Advanced Hospitality Systems (“Seller”) agrees to sell and Customer (“Buyer”) hereby agrees to buy a system (“System”) capable of performing the functions described in the Seller’s standard specifications documents. The System will consist of electronic hardware and components (“Equipment”) and the right to use application programs (“Software”).
2. ENFORCEMENT
Buyer agrees this agreement and any transactions hereunder shall be governed by the laws of the State of New Jersey. All disputes shall be under the exclusive jurisdiction of the courts of Camden County, NJ. Buyer will be responsible for all court costs and attorney fees if Seller is not found at fault.
3. PURCHASE PRICE AND PAYMENT TERMS
The total purchase price shall be as set forth on the face of this document. All payments are due in full based on the sales contract terms. Installation constitutes acceptance of hardware and software.
4. TAXES
Buyer shall either pay applicable sales and use taxes or provide a tax exemption certificate.
5. SHIPMENT, TITLE AND RISK OF LOSS
The System ships F.O.B. Seller’s facility. Title to Equipment passes upon full payment. Title to Software remains with Seller or manufacturer. Seller insures shipment; Buyer assumes risk upon delivery.
6. DATE OF ACCEPTANCE & INSTALLATION
“Date of Acceptance” = Buyer’s written acceptance of Software functionality. “Date of Installation” = delivery of equipment. Buyer-caused delays do not alter payment due dates.
7. INSTALLATION RESPONSIBILITIES
Buyer agrees to prepare site, pull necessary cables, comply with laws, obtain permits, and provide training space.
8. SELLER’S SERVICES
Additional services (installation, training) are billable at agreed or current rates plus expenses. Buyer agrees to Seller’s standard support terms at www.advancedhospitality.com/terms.
9. CONFIDENTIAL INFORMATION
Both parties agree not to disclose confidential software, documentation, or agreement terms without written consent.
10. CONSEQUENTIAL DAMAGES
Seller is not liable for loss of profits, goodwill, or virus issues after installation. Buyer pays for labor/travel for issues caused by unauthorized changes.
11. WARRANTY
Products delivered under this Agreement carry Seller’s standard warranty terms. All other warranties are disclaimed. Seller is not liable for incidental or consequential damages.
12. INDEMNIFICATION
Seller indemnifies Buyer against U.S. patent or copyright claims under specified conditions. Buyer indemnifies Seller for claims arising from Buyer’s actions.
13. EARLY TERMINATION
If Buyer terminates, Buyer pays all Seller’s costs plus 10% of purchase price as liquidated damages. No termination after installation.
14. REPLACEMENT OF EQUIPMENT AND SOFTWARE
Buyer pays for modifications, upgrades, or replacements, including restocking fees (minimum 10%). Special orders are non-returnable.
15. SYSTEM FAILURE
Buyer must notify Seller immediately. Seller has 30 days to correct issues. If unresolved, Seller may refund or replace software.
16. TERMINATION OF AGREEMENT
Buyer may terminate only for Seller’s default after 30-day cure period.
17. PAYMENTS
Payments are due in full on agreed dates. Finance charges: 1.5% per month (18% APR) on overdue balances. Collection costs and attorney fees apply.
18. ASSIGNMENT
Neither party may assign without written consent.
19. FORCE MAJEURE
Seller is not liable for delays beyond its control (acts of God, government actions, strikes, etc.).
20. FINANCING
Buyer may finance; failure to secure financing may result in termination and liquidated damages (10%).
21. NOTICES
All notices must be in writing and sent via proof-of-delivery method.
22. RELATIONSHIP OF PARTIES
Independent contractors; no agency relationship.
23. SEVERABILITY
Invalid provisions do not affect remaining terms.
24. WAIVER
Failure to enforce any provision does not waive rights.
26. GOVERNING LAW
New Jersey law governs this agreement.
27. ENTIRE AGREEMENT
This document constitutes the entire agreement and may only be modified in writing signed by both parties.
Contact Us:
For questions about these Terms & Conditions, please contact info@advancedhospitality.com.