Small Business Marketing In A Nutshell
Copyright (C) 2010 Besfit Solutions, Inc. All Rights Reserved
Terms and Conditions of Sales on Sites controlled by BestFit Solutions
General: BestFit Solutions Corporation (hereafter
referred to as ”BFS” or “Seller”) and Customer (hereafter referred to as “Buyer” agree that all sales by Seller on any merchandise
(hereafter referred to as “Goods” or “Products”) to the Buyer shall be governed by the following terms and conditions (hereafter referred
to as “Agreement”).
Any additional terms or different terms or conditions proposed by the buyer are hereby rejected except for the terms that are identical with those as stated in Seller's invoice, written acknowledgement and this agreement. This agreement may not be changed, modified, or amended, except in writing signed by an authorized representative of Seller. Seller is not responsible for typographical error. An invoice is only provided to the buyer at the time of purchase.
Price: unless otherwise stated, all prices are quoted, by seller, based on US dollars and is subject to change without prior notice. Seller shall have the right to adjust the price of undelivered goods to current seller prices at the time of purchase.
Payment: Unless otherwise agreed, terms are prepaid for orders of Goods. Buyer agrees to pay the total price including Shipping and Handling, and any sales tax arising from the use of any product(s) according to the payment terms. If Buyer fails to fulfill its payment obligation, then seller may withhold deliveries and suspend performance of services, including but not limited to RMA service. As security for payment of any sum due under any agreement between buyer and seller, Seller shall have the right to retain possession in goods already shipped. Buyer agrees to execute any financing statements or provide any documents to Seller to protect security interest.
If Seller brings any legal action to enforce this agreement, Seller shall be entitled to recover all reasonable cost and expenses incurred, including but not limited to attorney's fees, suit fees, and court cost from the buyer. Seller reserves the right to suspend or terminate any credit terms granted to buyer at any time, without warning, at Seller's sole discretion. The buyer, as per Federal and Oregon law shall pay all cost related to the collection of payment.
Delivery: All product availability is subject to change without prior notice.
Delivery and completion schedules are always approximate and are based on conditions at the time of acceptance of buyer's order. Unless otherwise agreed, in writing, Seller shall deliver Goods to buyer F.O.B. origin. Any Shipping and Handling charges may be applied to the total amount due for any purchase, including special orders.
Risk of Loss: The risk of loss and/or damage passes to the buyer upon delivery (or pickup) by the carrier. Buyer is responsible for checking the completeness of hardware and/or software at each time of purchase. Shortages, missing parts, or errors must be clamed by buyer within two (2) working days after receipt of goods, otherwise delivery is deemed complete. Buyer shall give seller further reasonable time to cure any errors discovered within the above mentioned two (2) working days.
Credit, Refund or Exchange: All software sales are FINAL and sold “AS IS”.
Seller will not apply credit to goods including, but is not limited to, hardware
and software engineering defects, cracks, cuts, scratches, scorch marks, burn discoloration, burn deformation, burn discoloration,
bent or missing parts, chemical contamination, excessive wear of electrical contacts, misuse, neglect, shipping, or unusual physical
or electrical stress, or any item modified or adjusted or repaired by person other than seller's authorized personnel.
Seller makes no other express or implied warranty with respect to hardware products other than the limited warranty referred to above. The liability of Seller, if any, for damages relating to any allegedly defective product shall under any legal theory, be limited to the actual price paid for such product(s) and shall in no event include incidental or consequential damages of any kind, even if seller is notified of the possibility of such damages.
Limited Other Manufactures Warranty: This limited warranty is in lieu of
all other warranties whether oral, written, express, or implied. Seller makes no warranty for a particular purpose or of merchantability.
Seller, in no way accepts or claims responsibility for warranties made by other manufacturers.
Seller, in no way accepts or claims responsibility for warranties made by other manufacturers.
Disclaimer of Warrantees on all software: Seller makes no warrantees, either express or implied, with respect to any and/or all software and accompanying manuals and materials, regardless of their source, their quality, performance, merchantability, or fitness for any particular purpose. All such items are sold or licensed to buyer by seller on an “AS IS” basis.
The entire risk as to their quality and performance is with the Buyer. Should such software prove defective following their purchase, BUYER (and not seller or it's suppliers) ASSUMES THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN ANY SOFTWARE, IN NO EVENT WILL SELLER OR IT'S SUPPLIER BE LIABLE FOR DIRECT, INDIRECT, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN ANY SOFTWARE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Seller, it's hardware and software suppliers, make no warranty, express or implied, concerning the applicability of any hardware or software to any specific purpose. Seller accepts no liability for loss or damage caused or alleged to be caused, directly or indirectly by computer equipment or software sold by seller, including but not limited to any interruption of service, loss of business or anticipatory profits or special or consequential damages resulting from the use or operation of such computer equipment or computer software.
Force Majeure: In the event that seller's performance is prevented or delayed by strikes, riots, lockouts, war, embargoes, or exceptional impediments to transportation, earthquakes, fires, action by Federal, State or local governments or authority, action by foreign powers, acts of God, reduction of sources or supply or any cause or circumstances, not limited to the above, which are beyond seller's reasonable control, seller shall not be held liable for the consequences thereof and the obligation to make delivery or perform warranty service shall be suspended while the causes are in affect, until the resumption of work after termination of the cause(s). The forgoing shall apply even though one or more of the the causes exist at the time of the order or occur after seller's performance of it's obligations is delayed for other causes.
Laws and Jurisdictions: This agreement shall be construed and governed by the laws of the State of Oregon and the United States of America. If any provision of this agreement is invalid, then all valid parts severable from the invalid part remain in effect. Buyer hereby irrevocably submits to the jurisdiction of any State or Federal court within the County of Multnomah, City of Portland, Oregon. Buyer agrees to the venue of said court and that any dispute or legal action arising from this agreement shall solely be entertained in such courts. Buyer further agrees to (i) service of process by certified or registered mail or by any manner permitted by law, (ii) irrevocably waives the defense of inconvenient forum and (iii) irrevocably waive trial by jury.