TERMS AND CONDITIONS

 

ABOUT US

iPourIt is a multi-facet, hardware and software technology that allows customers to pour their own draft beer while automatically adding the ounces poured to their tab. The iPourIt solution will help manage draft beer sales by eliminating wasted beer, reducing overhead, providing better marketing tools, increasing sales and customer experience, managing inventory and promoting responsible drinking.

After a valid ID is checked, customers are given a uniquely encoded wristband that tracks pours. As soon as a customer touches a tap handle, their wristband is read and several checks are instantly done to validate the wristband. The valve is then opened and allows the beer to be poured. The customer can pour as little or as much as they want and the exact number of ounces poured are automatically added to their tab.

 

ORDERING

  • Regular Business Hours – Monday through Friday 8:00 AM to 5:00 PM Pacific Standard Time (PST).
  • Telephone orders – +1(949) 270-0556 – Orders can be placed during Regular Busines Hours.
  • Email Orders – Send order emails to sales@ipourit.com
  • Online Orders – Online orders may be placed by contacting an iPourIt Sales Representative (http://www.ipouritinc.com/contact-us/) 

 

PRICING, PAYMENT TERMS, AND LEAD TIME

  • Proposal pricing is valid for 30-days from the date indicated on the Proposal. Proposal pricing may not include travel, lodging, applicable sales tax, or other fees unless specifically noted in the Proposal. iPourIt is not responsible for typographical or calculation errors.
  • All payments, including but not limited to installation payments and monthly service payments, shall be made through the Automated Clearing House (ACH), within 15 days billing date. iPourIt will provide the Company’s ACH information to you with the final and formal invoice.
  • A 50% initial deposit is due to secure your order and the remaining balance is due upon installation completion. In the event of cancellation, related costs will be deducted from the deposit refund, if any.
  • Lead-time for typical system installations is 6-8 weeks (before the start date) from the submission of the initial deposit. Any job requiring a shorter lead-time must be requested prior to receiving the final and formal Proposal, and must be approved by iPourIt.
  • A monthly service will be charged to you, pursuant to your Subscription Agreement.
  • All proposals are subject to management review and may be withdrawn at any time prior to submitting initial deposit.

  

SHIPPING

All components of the system will be shipped prior to installation. By accepting our proposal and installation timeline, customers are liable for any loss incurred following a verified shipment of each component. Customers shall not tamper or open shipping boxes from iPourIt prior to installation, until an iPourIt Representative is present to verify the contents in those shipping boxes.

 

INSTALLATION

By accepting our proposal and installation timeline, customers may be responsible to have certain pre-installation requirements and/or conditions to have been met prior to commencement of the installation by iPourIt. These requirements and/or conditions may include, but are not limited to internet connectivity, electrical power, installed beer lines with over restriction, gas lines and tanks, keg couplers, comprehensive and satisfactory delivery of customer supplied equipment, drainage plumbing, required building permits, and full accessibility to the work-site in a condition ready for the commencement and completion of the project in accordance with the scope of work and construction schedule. Customer will also make available in a timely manner, throughout the installation, if applicable, a representative who will provide for the necessary approvals and/or sign off indicating whether the project is being completed or has been completed in a satisfactory manner.

Installation of the system will be conducted during normal working hours (8:00 AM-5 :00 PM, Monday-Friday, excluding holidays) unless other arrangements have been made between the customer and iPourIt. These arrangements must be made prior to the start of the installation.

 

TRAINING

iPourIt will provide all operation manuals associated with the system, as well as a training session for personnel regarding proper operation of the system. The customer is responsible to have all personnel that need to be trained on the system attend the training session at a time and date mutually agreed to (normally scheduled on the day the installation is completed). In the event that a return trip is requested and required solely for the purpose of training, such return service will be billed at normal service and travel rates.

  

DELAYS

In the event the customer is unable to meet the above pre-installation requirements and conditions which results in iPourIt having to incur unanticipated additional time and/or conduct repeated visits to the project work-site in order to carry out the installation without prior notice to iPourIt before arriving to project work-site, an additional charge of $680 per extended day, plus travel and lodging, will be assessed. These charges are in addition to the pricing proposal attached, and will be charged on a time-and-materials basis. Likewise, in the event iPourIt has substantially completed the installation, but cannot finalize the project due to the customer’s inability to meet said pre-installation requirements and/or conditions, iPourIt will be entitled to a full payment for any additional time, labor, material, shipping and lodging above mentioned charges.

 

CHANGES

Changes in the scope of work or system configuration will not be made without authorization from the customer. In the event a schedule change or changes in the scope of work require additional labor (overtime or otherwise) and/or additional materials, iPourIt will provide a quoted estimate of those charges prior to performing the work. All service requests that are beyond the general technical support services included in the Subscription Agreement will be an additional charge of $85/hour.

 

LIMITED WARRANTY

iPourIt warrants its products to be free from defects in materials and workmanship under intended normal use, for a period of one (1) year from date of sale other than as to the on-site server/database, which will include a 2-year warranty. This limited warranty applies only to the original purchaser of the equipment through iPourIt and is not transferable. iPourIt’s obligations under this warranty are limited to repair or replacement of any defective part without charge for that part to the original purchaser, with the following exceptions: (a) Only parts obtained through iPourIt may be used; (b) Transportation cost for parts shipped to the consumer and the return of defective parts to iPourIt are not included; (c) Labor will be furnished without charge for one-hundred twenty (120) days from date of purchase only. All labor and related charges must be authorized by iPourIt to start of repairs, and must coincide with iPourIt-established rates and time allotment policy. This warranty does not apply to any failure of the product, or any parts of the product due to alterations, modifications, misuse, abuse, accident, improper maintenance, improper installation, acts of god or if the serial number on the product has been removed, altered or defaced. Adequate packaging must be used for returned goods to prevent freight damage.

 

LIMITATIONS

Customer agrees and understands that neither iPourIt nor any third party designated by iPourIt to provide service to the customer is an insurer. That insurance insuring customer, if any, shall be obtained by the customer and that the amounts payable to iPourIt hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of the customer’s property or the property of others located in customer’s premises. iPourIt makes no guarantee or warranty, including any implied warranty of merchantability or fitness, that the System or services supplied will avert or prevent any specific occurrences or the consequences therefrom, which the System or service is designed to detect. This Agreement does not provide for the full liability of iPourIt or any such third party designated by iPourIt and agrees that iPourIt and any such third party providing services on behalf of iPourIt shall be exempt from any liability for loss or damage due directly or indirectly to occurrences, or consequences therefrom, which the service is designed to detect or avert. Notwithstanding the preceding, if iPourIt or any such third party providing services on behalf of iPourIt should be found liable for loss or damage due to a failure of service in any respect, their respective liability shall be the cost to repair the damage or loss, and that the provisions of this paragraph shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to person or property from performance or nonperformance of obligations imposed by this Agreement or from negligence or gross negligence, active or otherwise of iPourIt and any designated third party and their agents or employees. No suit or action shall be brought against iPourIt more than one (1) year after the accrual of the cause of action. Under no circumstances shall iPourIt be liable for any loss of data, disruption of communication, or malfunction of equipment directly or indirectly caused by iPourIt’s service or use of customer’s telephone lines, Internet connections, or other transmission faculties.

Customers who purchase software or equipment with installed software, including Point-Of-Sale (POS) software, under the Proposal are purchasing a license for the use of the software. The software is provided “AS IS”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. iPourIt shall not be liable to customer for any lost profits, lost revenues or opportunities, downtime, or any consequential damages or costs, resulting from any claim or cause of action based on breach of warranty, breach of contract, negligence, or any other legal theory, even if customer knew or should have known of the possibility thereof. Further, the customer assumes all liability for and agrees to indemnify and defend iPourIt from, any and all suits, claims of loss or liability, demands, causes of action or judgments, including attorney’s fees and costs, arising from the use of any software included and purchased in the Proposal, and brought by any person, firm, corporation or business association, including but not limited to, the customer whether or not such damages are caused or contributed to by the sole or joint negligence or fault of iPourIt.

Unless otherwise agreed to and executed in writing between the parties, these terms and conditions shall govern the attached Proposal, installation, and subsequent agreed upon installation timeline.

 

THANK YOU FOR CHOOSING IPOURIT!