PLEASE READ THIS DOCUMENT CAREFULLY!
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM BH PC TECHNICAL SERVICES.
By accepting delivery of any product delivered from BH PC Technical Services ("BH PC"), you ("Customer") agree to be bound by the terms and conditions listed below. You and BH PC agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and BH PC. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from BH PC.
1. BH PC SATISFACTION GUARANTEE - BH PC offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:
However, to take advantage of BH PC's return guarantee policy, Customer agrees to comply with BH PC's Product Return Procedure as set forth below. Any breach of BH PC's Return Policy Procedure will result in the loss of BH PC's replacement/return guarantee. Furthermore, all return items/shipments not in compliance with these instructions will be rejected.
Product Return Procedure:
To return a product based upon BH PC's replacement/return guarantee, you must call or e-mail our Returns Department and obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). BH PC will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by BH PC. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of any boxes containing the returned product.
Product only purchases - In this case BH PC is a distributor only. Products sold by BH PC are not manufactured by BH PC. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). BH PC assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. BH PC MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. BH PC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Computer Systems - BH PC computer systems are covered by an one year on-site warranty from the date of installation. In the event of a hardware failure BH PC will perform an on-site visit and determine the necessary actions need to reconcile the issue. This may include, but is not restricted to, removing the computer for testing and repair. BH PC will not provide any type of "loaner" computer in the event that a customer's computer is removed for troubleshooting. BH PC does not warranty any computer software or documents that are added to the computer after delivery and installation of the computer. It is the customer's responsibility, entirely, to protect, via backup, any programs or documents that were added after computer delivery and installation. Troubleshooting of software issues, when determined to be the fault of post-delivery installation, will be the responsibility of the customer until such a time that the problem is determined to be caused by software that was installed during computer assembly (i.e. Windows operating system). Software troubleshooting will be provided via email and phone support until such time BH PC determines the need to troubleshoot on-site. BH PC reserves the right to determine the most effective resolution to the software issue. This may include, but is not restricted to, re-formatting the hard drive (wiping it clean) and re-loading the original software. During any troubleshooting of the customer's computer BH PC is not responsible for any data that may be lost or corrupted by the troubleshooting, other than software that came with the original computer configuration.
Customer Computer Upgrades - BH PC does warranty the installation of components and labor of a customer's computer upgrade for 30 days after installation. After 30 days BH PC assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. BH PC MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. BH PC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Computer Troubleshooting (Non-BH PC computers) - BH PC does not provide any guarantee of success in troubleshooting a computer that was not built by BH PC. BH PC will make every attempt to solve the issues that the customer contracts BH PC to troubleshoot in an effective and efficient manor. No modifications will be made to a customers computer without their consent. At any point of troubleshooting the customer can request that service be stopped. At that time BH PC will, at the customer's request, provide detailed descriptions of what troubleshooting steps were performed. The customer is responsible for all labor charges associated with troubleshooting that was performed, whether it was successful or not. The customer is always responsible for data integrity (backups).
Labor charges are charged at a minimum of one hour on all on-site visits. Charge accrue on the half hour after the first hour. If a computer is removed from the customers possession for troubleshooting the customer consents to the hours of labor billed by BH PC. BH PC will provide an estimate for the amount of time a job will take, but is not responsible for that estimate changing during the job.
4. YEAR 2000 POLICY
5. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES BH PC'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. BH PC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BH PC SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BH PC IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
6. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding until it is accepted by BH PC; BH PC must receive payment before it will accept any on-line order. Payment for product(s) needing shipping is due prior to shipment. Customer can make payment by credit card, check, money order, cash or some other method prearranged with BH PC. Returned checks are subject to a $20 service charge. Payments received after due date will incur a 20% fee, or the highest rate allowed by law, whichever is greater, on remaining balance per month.
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the BH PC invoice.
Title; Risk of Loss: BH PC will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. BH PC reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow BH PC to sign appropriate documents on Customer's behalf to permit BH PC to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. BH PC will advise Customer of estimated shipping dates, but BH PC will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction:
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New York law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with the BH
PC's invoice respecting the products ordered by Customer, are the
complete and exclusive agreement between BH PC and Customer, and they
supersede all prior or contemporaneous proposals, oral or written,
understandings, representations, conditions, warranties, and all other
communications between BH PC and Customer relating to the subject
products. This agreement may not be explained or supplemented by any
prior course of dealings or trade by custom or usage.
If you have any questions about BH PC Technical Service's Policies please see the contact information on this site and contact us before purchase.