BWI Document: BWI - Terms and Conditions

Terms and Conditions of Sales

The following terms and conditions govern the sale of Products from the BWI on-line store (hereafter referred to as "Products") by BWI to you, the purchaser (hereafter referred to as "Customer"). By placing an order or accepting delivery of Products, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without notice at any time at the sole discretion of BWI.

On-Line Orders
On-line orders are acknowledged automatically by e-mail within minutes after receipt. BWI reserves the right to reject any such orders that are deemed to be in error for whatever reason including, but not limited to, errors in price or freight charges. In such cases Customer will be notified within 2 working days from the original acknowledgement.

US Sales Only
On-Line sales are for the US only. Products purchased from the On-Line store will be shipped to addresses within the continental United States, Alaska, and Hawaii.

Sales Tax
Sales Tax will be applied to sales delivered to addresses in Connecticut and New Jersey. Customers in these locales who wish to be excluded from Sales Tax must provide a valid Sales Tax Exemption Certificate. Such a certificate may be faxed to BWI at 203-261-5061.

Shipping Method
BWI offers FedEx Express and UPS shipping options. BWI reserves the right to substitute carriers of comparable service at its sole discretion.

Order Confirmation and Proof of Purchase
If you provide a valid e-mail address with your order, confirmation will be sent via e-mail to that address within 24 hours excluding Holidays and Weekends. A packing slip and invoice will accompany the shipment to serve as Proof of Purchase.

Payment Method
Payment may be made via VISA, Mastercard or American Express. At the time of shipment, your credit card will be charged for the Purchase plus freight and insurance. If there is a problem with your card, a BWI representative will contact you provided you have supplied accurate contact information. To place an order via Purchase Order, contact BWI at 1-800-419-0294. A representative will assist you.

Prices
All prices are in US dollars, FOB manufacturer and do not include shipping or any applicable sales or use taxes. All Prices are subject to change without notice.

US Government Purchases
For US government purchases, all software and documentation are supplied with restricted rights. Use, duplication, or disclosure by the Government is subject to restriction as set forth in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013.

Life Support Policy
BWI's products are not authorized for use as critical components in life support devices or systems. As used herein:

Life support devices or systems are devices or systems which, (a) are intended for surgical implant into the body, or (b) support or sustain life, and whose failure to perform, when properly used in accordance with instructions for use provided in the labeling, can be reasonably expected to result in a significant injury to the user.
A critical component is any component of a life support device or system whose failure to perform can be reasonably expected to cause the failure of the life support device or system, or to affect its safety or effectiveness.

Product Availability
Unless you receive notice to the contrary, all Product is shipped within two weeks of order (excluding weekends and holidays). BWI strives to maintain inventories sufficient to maintain this delivery schedule. Occasionally, shortages occur. If this happens and your order will not be shipped within two weeks, a BWI representative will contact you. If you would like to obtain up-to-date delivery information, contact BWI at 800-419-0294.

Return Policy
Products returned to BWI must be accompanied by an approved Return Material Authorization (RMA) number issued by BWI and a statement of the reason for return. An RMA number will not be issued without serial number information for the product, if appropriate, to be returned and an explanation as to the reason for return. BWI reserves the right to refuse to issue RMA numbers for items for which the reason for return is not a product defect or error on the part of BWI. RMA numbers may be obtained from BWI at 203-261-6027. Cost of return freight to BWI is the responsibility of the Customer. Products returned for credit will be subject to a restocking fee unless the reason for return is a product defect or error on the part of BWI.

Wrong or Defective Items Received
If you receive the wrong Product or if there is any problem with the Product you receive, contact BWI at 800-419-0294.

Damaged Items due to Shipment
If a Product you ordered arrives in a damaged container- DO NOT UNPACK OR PROCEED WITH REMOVING THE PRODUCT FROM ITS PACKAGING. Immediately contact the carrier and BWI at 800-419-0294 for further instructions.

Warranty
BWI warrants that its products will at the time of shipment be free from defects in material and workmanship and will conform to BWI's applicable specifications or to Buyer's specifications provided said specifications have been agreed to and accepted by BWI in writing. Products in nonconformance shall at the option of BWI be repaired, replaced or their purchase price refunded provided proof of purchase and written notice of nonconformance are received by BWI within one (1) year of shipment date for hardware products and ninety (90) days for software products and provided said nonconforming products are returned FOB BWI's facility no later than fifteen (15) days after the warranty period expires. This warranty extends to and may be invoked by the Buyer only and does not extend to the Buyer's customer or any other third party. This warranty is in lieu of all other warranties whether express, implied, or statutory including implied warranties of merchantability or fitness. In no event shall BWI be liable for any incidental or consequential damages due to breach of this warranty or any other obligation under this order or contract. This warranty shall not apply to any products BWI determines to have been subjected to testing for other than the specified electrical characteristics or to operating and or environmental conditions in excess of the maximum values established in applicable specifications. Neither shall this warranty apply to products which have been the subject of mishandling, misuse, static discharge, neglect, improper testing, unauthorized repair, alteration, damage, assembly, or processing that alters physical or electrical properties. This warranty excludes all costs of shipping, customs clearance and related charges for shipments outside the United States. This warranty does not extend to batteries.

Modifications to these Terms and Conditions
These terms and conditions represent the terms of sale between the Customer and BWI and may not be altered, supplemented, amended, or otherwise modified without an express written agreement between the Customer and an authorized representative of BWI.

Title
Title to Product passes to Customer on shipment from BWI's or BWI's agent's facilities.

Products
Products may be revised or discontinued at any time. BWI will ship Products that have the functionality and performance of the Products ordered, but changes between what is shipped and what is described in a specification, datasheet, or catalog are possible. All specifications on the informational pages contained within this web site are subject to change without notice.

Export
Customer agrees and represents that Products purchased from BWI will not be exported or transferred internationally and that it will seek these same restrictions from another should it transfer title of these Products to another.

Governing Law
All Product sales will be governed by the state of Connecticut. Venue and jurisdiction for any disputes will exclusively lie in Fairfield County, Connecticut.

BWI 887D Main Street Monroe CT 06468-2800 USA
Phone: 203-261-6027 Fax: 203-261-5061
E-mail: info@bwi.com	http://www.bwi.com

Trademark: Throughout this Web site, BWI, RackPaq, DESTWIN, The VME Source, PLUS1, PNET, VE, and CommCore are trademarks of BWI. All other products mentioned are trademarks or registered trademarks of their respective holders.