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We have sold a software/hardware time & attendance solution…

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We have sold a software/hardware...
We have sold a software/hardware time & attendance solution to a Canadian company with head office located in Port Colborne ON and clock installed near Montreal Quebec.
The installation process was "self install" with remote assistance from us. The customer had difficulty getting the clock to communicate with our hosted server constantly and after some mutual effort decided that they did not want to continue using the clock and advised us that they would like to send the clock back and receive a full refund plus cost re-imbursement for the internal time that they spent with it.
The customer signed a contract with the following terms
1 - Software Usage License Advanced Tracker Technologies grants to the client, for the duration of this agreement, non-exclusive, non-transferable rights to use the software provided by Advanced Tracker Technologies solely for the purpose of creating and maintaining time & attendance transactions related to payroll processing. The client may not share, distribute copy the software except a backup copy for their own recovery purposes. The client agrees that any software modifications written on behalf of the client remain the intellectual property of Advanced Tracker Technologies.
2 - Confidentiality Advanced Tracker Technologies agrees to keep all client employee, payroll, financial, operational, and any other business related information confidential. The client agrees to keep all product information, documentation, operational procedures, corporate policies, and product and service pricing confidential.
3 - S/W Usage Rights Software usage, support and any applicable warranties are active only for customer whose financial account status with Advanced Tracker Technologies is in a current status
4 - Condition of Sale All sales are final, no returns, refunds or credit for delivered products and services
5 - Limitation of Liability The customer is installing and using Advanced Tracker Technologies software and peripheral products and services at their own risk. In no event will Advanced Tracker Technologies be liable to the customer for any damages, including but not limited to lost profits, lost savings, or other incidental or consequential damages arising out of the use of, or inability to use our software or peripheral products and services, even if Advanced Tracker Technologies or a Timework's dealer, agent or distributor, or vendor has been advised of the possibility of such damages, or for any claim by any other party.
6 - Warranties All Data Capture hardware purchased has a one year warranty against defects. The warranty coverage provides for return of hardware to Advanced Tracker Technologies where it will be repaired and returned as soon as possible. Software has a lifetime warranty. This warranty is valid providing that the customer account is current and assumes that no changes to the data base have been made by the customer. (data maintenance outside of the application).
7 - Incidental Charges The customer may be subject to incidental charges relating to shipping of hardware, software media, on-site services if required and related travel expenses for on-site services.
8 - Fee Changes The above fees are guaranteed for 60 days. Fees could change with a 30 day notice.
9 - General Either party may terminate this agreement with 30 days’ notice. In the event of termination terms and conditions 1,2,4,5 will survive this agreement.
Customer to date has paid $750 for system configuration and Training which were completed and delivered and the customer was satisfied with.
Customer still has possession of the clock and is holding it ransom until they receive a full refund. They are indicating small claims court if they are not reimbursed. They are insinuating an internet smear campaign if they are not reimbursed
We are looking for a advise whether to stick to our guns or whether to reimburse
Please advise
Submitted: 3 years ago.Category: Canada Law
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Answered in 6 hours by:
6/26/2015
Lawyer: Debra, Lawyer replied 3 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
Experience: Lawyer
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Are you saying they want a full refund of all they paid you rather than just for the clock?Why is that?How much did they pay you in full?
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