Online Equipment Sales Terms and Conditions

1. Business Purchases and Authorized Users

The online store is intended for purchases by businesses, governmental entities, educational institutions, nonprofit organizations, and other approved organizations—not for personal, family, or household use. Customer represents that the individual submitting an order is authorized to purchase on Customer’s behalf and to bind Customer to these Terms.

Access to the store may be limited to existing 212 clients and invited or approved prospective clients. 212 may approve, suspend, or terminate access at its discretion.

Account creation, checkout, payment processing, fraud screening, tax calculation, and shipping – all referenced herein – may involve personal and/or business contact data, which will be handled under 212’s Privacy Policy. Customers are responsible for maintaining account credential confidentiality.

2. United States Sales Only

212 currently accepts orders only for delivery to valid addresses within the United States and the District of Columbia. 212 does not accept international orders or ship to addresses outside the United States, including freight forwarders intended to facilitate international delivery, unless 212 expressly agrees otherwise in writing.

Customer may not purchase products for export, re-export, or transfer in violation of United States export-control laws, sanctions, manufacturer restrictions, or other applicable laws.

3. Orders and Acceptance

An order confirmation acknowledges receipt of an order but does not constitute 212’s acceptance. All orders are subject to product availability, account verification and approval, payment authorization, billing and shipping verification, any tax-exempt status, manufacturer requirements, and 212’s final acceptance.

212 may reject or cancel an order before shipment for reasons including:

• Product unavailability or discontinuation;
• Pricing, description, or technical errors;
• Manufacturer or distribution restrictions;
• Suspected fraud or unauthorized purchasing;
• Credit or payment concerns; or
• Customer’s failure to comply with these Terms, Website and User Account Agreement, or Privacy Policy.

If 212 cancels an order after receiving payment, 212 will refund the amount paid for the cancelled portion.

Customer purchase orders are accepted solely for administrative convenience. Any additional or conflicting terms contained in a Customer purchase order or other document are rejected unless expressly accepted in a writing signed by an authorized 212 representative.

4. Pricing and Payment

Prices are stated in U.S. dollars and may change without notice. The applicable price is the price displayed and confirmed when 212 accepts the order, subject to correction of typographical, technical, or pricing errors.

Payment is due using the payment method authorized during checkout unless 212 has separately approved credit terms for Customer. Customer authorizes 212 and its third-party payment processors to charge all amounts associated with the order, including applicable taxes, shipping, freight, handling, and other disclosed charges. Payment processors may process payment information, perform fraud screening, verify billing details, and apply their own terms, policies, and security procedures. 212 does not store full payment card details.

212 may review, verify, decline, suspend, or cancel any order before acceptance or shipment if 212 identifies or reasonably suspects fraud, unauthorized purchasing, inaccurate account or payment information, inconsistent billing or shipping details, unusual order activity, sanctions or restricted-party concerns, or other risk indicators. 212 may request additional information to verify Customer’s identity, authority to purchase, billing details, shipping address, tax-exempt status, or payment authorization before processing or shipping an order.

Customer agrees to promptly contact 212 to resolve any billing concern or payment dispute before initiating a chargeback or payment reversal, to the extent permitted by applicable law. Improper, unauthorized, or unresolved chargebacks may result in suspension of on-line store access, cancellation of pending orders, collection activity, recovery of chargeback fees or costs, and any other remedies available to 212 under these Terms or applicable law.

Previously approved credit terms, if any, apply only when expressly identified during checkout or confirmed by 212 in writing.

5. Taxes

Customer is responsible for all applicable sales, use, excise, and similar taxes associated with an order. 212 will collect taxes when required by applicable law.

A tax-exempt Customer must provide 212 with a complete and valid exemption certificate before placing the order or before the transaction is processed. 212 is not required to apply an exemption retroactively after an order has been completed.

6. Product Information and Availability

212 makes reasonable efforts to provide accurate product descriptions, specifications, images, availability, and pricing. Manufacturers may change products or specifications without notice, and website images may not precisely represent the product received.

Availability estimates are not guarantees. Products identified as special order, configured-to-order, made-to-order, allocated, or non-stock may have extended lead times and may be subject to additional manufacturer restrictions.

Customer is responsible for verifying that the selected products are appropriate and compatible with Customer’s intended system, infrastructure, and use. 212 is not responsible for incompatibility unless 212 expressly provided system design or product-selection services under a separate written agreement.

7. Shipping, Delivery, and Inspection

Shipping and delivery dates are estimates unless 212 expressly guarantees a date in writing. Orders may be shipped in multiple deliveries and invoiced or charged separately.

If 212 cannot ship within the stated or otherwise legally applicable time, 212 will provide any notice, cancellation opportunity, or refund required by applicable law.

Customer must inspect products promptly upon delivery. Visible shipping damage, shortages, or incorrect products must be noted with the carrier and reported to 212 within five business days after delivery. Concealed damage must be reported within ten business days after delivery. Customer should retain all packaging and supporting documentation while a claim is reviewed.

Additional freight, inside-delivery, liftgate, redelivery, storage, or address-correction charges resulting from incomplete or inaccurate information supplied by Customer may be charged to Customer.

8. Title, Risk of Loss, and Carrier Claims

Unless 212 expressly agrees otherwise in writing, title to products passes to Customer upon 212’s receipt of full payment for the applicable products. Risk of loss or damage passes to Customer upon delivery of the products to the carrier, freight provider, or other transportation provider for shipment to Customer.

Customer is responsible for promptly inspecting deliveries, documenting any visible or concealed damage, retaining packaging and shipping materials, and providing information reasonably requested by 212, the carrier, or the manufacturer to support any freight or insurance claim. 212 may assist Customer with carrier claims as a courtesy, but 212 is not responsible for damage, delay, loss, theft, or mis-delivery after risk of loss has passed to Customer, except to the extent caused by 212’s own error or as otherwise required by applicable law.

9. Cancellations and Returns

Orders may not be cancelled after processing or shipment unless 212 agrees in writing.

Returns require 212’s prior written authorization and an issued Return Merchandise Authorization (“RMA”) number. Authorized returns must:

• Be requested within 15 days after delivery;
• Be unused, unopened, and in original, undamaged packaging;
• Include all accessories, manuals, and components; and
• Be returned according to 212’s instructions.

Unless the return results from 212’s error or a product that arrived damaged or defective, Customer is responsible for return shipping and any applicable restocking charge of 15%–25%.

Special-order, configured, custom, programmed, licensed, activated, clearance, discontinued, or manufacturer-designated nonreturnable products are final sale. Shipping charges are nonrefundable unless the return results from 212’s error.

10. Manufacturer Warranties

Products are covered only by the warranties, if any, provided by their respective manufacturers. 212 will reasonably assist Customer in initiating a manufacturer warranty claim but does not control the manufacturer’s warranty determination, repair, replacement, or processing time.

EXCEPT AS EXPRESSLY STATED IN WRITING BY 212, 212 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions may not permit certain warranty exclusions, in which case the exclusions apply only to the extent permitted by law.

11. Installation and Professional Services

Unless expressly included in the order or in a separate 212 proposal, statement of work, or agreement, product purchases do not include installation, programming, configuration, commissioning, system design, training, permits, electrical work, network modifications, mounting hardware, or other professional services.

Any such services will be governed by the applicable 212 proposal, statement of work, master agreement, or other written agreement.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 212 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR COSTS OF SUBSTITUTE EQUIPMENT, ARISING FROM OR RELATED TO A PRODUCT OR ORDER, REGARDLESS OF THE THEORY OF LIABILITY.

212’S TOTAL LIABILITY ARISING FROM OR RELATED TO A PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT PAID TO 212 FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

These limitations do not apply to liabilities that cannot legally be limited or excluded.

13. Customer Responsibilities and Acceptable Use

Customer will use products in accordance with manufacturer instructions and applicable laws. Customer is responsible for obtaining any licenses, permits, approvals, network access, subscriptions, or third-party services required to install or use the products.

Customer may not use the store or purchase products through it for fraudulent, unlawful, unauthorized, or prohibited purposes.

14. Conflicting Agreements

If 212 and Customer have a separately signed master agreement, statement of work, proposal, or other written contract covering the same purchase, that agreement will control to the extent of a direct conflict with these Terms.

Otherwise, these Terms, the accepted order, and any policies expressly incorporated into them constitute the agreement governing the online purchase.

15. Force Majeure

212 will not be liable or responsible for any delay, failure to perform, inability to fulfill an order, or failure to deliver products or services to the extent caused by events beyond 212’s reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic or public-health emergency, war, terrorism, civil unrest, labor disputes, supply-chain disruptions, manufacturer or distributor delays, product shortages or allocations, transportation or carrier delays, utility or internet failures, cyber incidents, governmental actions, embargoes, tariffs, import or export restrictions, or changes in applicable law.

If a force majeure event affects an order, 212 may, in its reasonable discretion, delay performance, allocate available products among customers, substitute comparable products with Customer approval where appropriate, cancel all or part of the affected order, or provide any notice, cancellation opportunity, or refund required by applicable law. 212 will make commercially reasonable efforts to notify Customer of material delays or cancellations caused by a force majeure event.

16. Governing Law and Venue

These Terms and all purchases made through the store are governed by the laws of the State of Indiana, without regard to conflict-of-law principles.

Any legal action arising from these Terms or an online purchase must be brought in the state or federal courts located in Marion County, Indiana, and the parties consent to the jurisdiction of those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Changes to These Terms

212 may update these Terms periodically. The version in effect when an order is submitted will apply to that order. Changes will not apply retroactively unless required by law or agreed to by the parties.

18. Contact Information

Questions concerning an order, cancellation, return, or these Terms may be directed to:

212 Visual, Inc.
9465 Counselors Row, Suite 200
Indianapolis, IN 46240
Privacy@212visual.com
317-537-1640