BWI Terms and Conditions of Sales
The following terms and conditions govern
the sale of Products from the BWI on-line store or Purchase Order
(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 two (2) working days from the original
acknowledgement.
Purchase Orders
To place an order via Purchase Order, contact BWI at 844-919-8900.
A representative will assist you.
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 Illinois.
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 emailed to BWI at accounting@bwi.com.
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 will accompany the shipment to serve as Proof of
Purchase.
Payment Method Payment may be made via VISA,
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 844-919-8900. 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 Terms
and Conditions of Sales.
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.
Cancellation Policy
All orders are considered Non-Cancelable / Non-Returnable (NCNR).
Items may not be cancelled, returned, nor rescheduled, however,
items may be returned for repair or replacement if defective.
Any estimated delivery is an estimate only and may be subject to change.
A change to the delivery date will not mitigate Buyer's obligations under
the order.
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 . Cost of return freight to BWI is the responsibility of the
Customer. RMA numbers are generally not issued for credit. In the event
that a RMA for credit is issued, the return will be subject to a restocking
fee unless the reason for return is a result of an 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.
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 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 non-conformance
shall at the option of BWI be repaired, replaced or their purchase price refunded
provided proof of purchase and written notice of non-conformance 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, nor processing that alters the 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.
Certain products may be excluded from this warranty. In some cases warranty service
may be provided directly from the manufacturer or third parties.
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 Illinois. Venue and jurisdiction for any disputes will exclusively lie in Lake County,
Illinois.
Trademark: Throughout this Web site, BWI and
RackPaq are registered trademarks and 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.
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