Terms of Sale
TERMS OF SALE
These Terms of Sale (these “Terms”) govern all purchases of goods or services through this website (this “Website”) from BT5 Technologies, LLC, a Texas limited liability company (“BT5” or the “Seller”). Anyone purchasing goods or services through this Website (each, a “Buyer”) agrees to be bound by these Terms.
- All sales of the goods covered hereunder (the “Goods”) are F.O.B. Seller’s shipping point, regardless of the means of delivery to Buyer, with title and risk of loss passing to Buyer at such time.
- Except as expressly warranted by Seller in its written warranty applicable to the Goods, Seller makes NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer agrees to assume all risks and liability for the Goods, whether used individually or in combination with other goods.
- Buyer shall inspect the Goods immediately upon arrival and shall within fourteen (14) calendar days after F.O.B. Seller’s shipping point delivery, give written notice to Seller of any claim that, (i) the Goods do not conform with the terms of the Buyer’s purchase order (the “Order”) or, (ii) that the Goods are defective, provided that a visual inspection should have revealed such defect. If Buyer shall fail to give such notice, the Goods shall be deemed to conform to the terms of the Order, and Buyer shall be deemed to have accepted and shall pay for the Goods in accordance with the terms of the Order and these Terms (together, the “Agreement”). See section 16 (Returns) of this Terms of Sale for more information.
- Buyer agrees to indemnify and hold Seller harmless from all claims, actions, liability, loss, damage or expense (including, without limitation, reasonable attorneys’ fees) with respect to any suit, claim, demand or other proceeding arising out of or relating to the Goods, except to the extent relating to a breach of Seller’s express written warranty made herein.
- Seller’s liability to Buyer, or person or entity purchasing from Buyer, shall be limited to the extent permitted by law, to the express warranties set forth in Seller’s written warranty applicable to the Goods. Seller shall not be bound by any claim adjustment made by Buyer without prior written authorization by Seller’s representative. Return of Goods will not be accepted unless a written authorization for return has been given by Seller. Any unauthorized returns are subject to refusal by Seller and may be returned to Buyer on a freight collect basis. SELLER SHALL HAVE NO LIABILITY TO BUYER (OR ANY PERSON OR ENTITY CLAIMING THROUGH BUYER) FOR LOST PROFITS, LOSS OF REVENUE, OR FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES AND THESE ARE HEREBY WAIVED BY BUYER.
- The terms of payment for the Goods shall be as stated on each invoice or, if the Order is placed through the Website, on the final confirmation page before the Order is submitted. Payment terms begin from the date of invoice, or with respect to any Order placed through the Website on the date the Order is submitted. A finance charge of 1.50% per month or the maximum rate allowed by law, whichever is less, will be charged on each payment received after the due date. A thirty ($30.00) dollar fee will be charged on each check returned due to insufficient funds. Checks will not be re-deposited. Seller shall be entitled to recover its collection costs and reasonable attorney’s fees incurred in connection if Seller consults an attorney in connection with any amounts not paid when due hereunder.
- Credit arrangements are subject to written approval of Seller and are subject to change without notice. In the event Buyer fails to fulfill the terms of payment or in the event Seller shall have any doubt at any time as to Buyer’s financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security.
- Buyer shall reimburse Seller for all taxes, excises or other charges that Seller may be required to collect for and/or pay to the government upon the sale or transportation of the Goods.
- No liability shall result from delay in performance or nonperformance of this Agreement directly or indirectly caused by fire, explosion, accidents, flood, or other act of God, labor trouble or shortage, act of or authorized by any government, inability to obtain suitable material, equipment, fuel, power or transportation, or arising from contingencies, happenings or causes beyond the control of the party affected. Seller shall not be required to provide quantities of Goods so affected by any such circumstances, but this Agreement shall otherwise remain unaffected.
- Orders are not assignable or transferable by Buyer in whole or in part, except with the prior written consent of Seller.
- In the event of inability for any reason to supply the total demands for the Goods specified, Seller may allocate its available supply among any or all of customers on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from.
- This Agreement shall be construed and enforced in accordance with the laws of the State of Texas. Buyer agrees to (i) irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts located in Houston, Harris County, Texas, to resolve any disputes relating to this Agreement and, (ii) waive any right to move or dismiss or transfer any such action brought in such court based on any objection to personal jurisdiction or venue. Any controversy or claim arising out of or relating to this Agreement shall, at the election of Seller, be settled by arbitration conducted in Houston, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- No terms or conditions other than those stated in this Agreement shall be binding on Seller unless such modifications or additional terms are made in writing and executed by an officer of Seller. No terms or conditions contained herein shall be deemed affected by Buyer’s documents containing other or different terms and conditions. The terms and conditions of this Agreement shall take precedence over any different or conflicting terms in Buyer’s Order or other Buyer documents. Acceptance by Seller of the Order is expressly limited to the terms and conditions contained in this Agreement. In the event an Order shall be deemed an acceptance of Buyer’s offer, the Order is expressly conditioned upon Buyer’s assent of the terms and conditions contained in this Agreement. A written contract between Buyer and Seller that expressly references this Agreement may supersede this Agreement to the extent, and in the manner, provided therein.
- Limited Warranty. Seller offers a limited warranty of 1-year that only covers defects of products caused by manufacturing. It does not cover regular wear and tear, including but not limited to, breakage due to abuse, improper usage, water damage or other causes attributable to events outside the manufacturing process. Return of products for warranty reason will not be accepted unless a Seller’s Warranty Approval Ticket has been given by Seller. Any unauthorized returns for warranty are subject to refusal by Seller and may be returned to Buyer on a freight collect basis. To exercise Buyer’s warranty rights, Buyer need the original sales receipt, and provide Seller with pictures of the product serial number and the details of the problem. A member from Seller will contact Buyer via email or by phone to provide instructions.
- Returns and Refunds Policy. Seller offers to Buyer a 14-days return policy on all BT5 products. This return period starts from the original purchase date, or from the product delivery date if the product was paid in advance (see section 1 of these Terms of Sale), and is applicable for products sold through this website as long as products are returned in as-new condition and in the original packaging materials they were shipped in. If the original box has been opened or scratched or dented, or any of the product’s components are not as-new, a restocking fee may apply at Seller’s discretion. The restocking fee will be informed to Buyer before a Return Approval Ticket be issued by Seller. Buyer should return items in the original packaging with all cables, adapters, accessories, and documentation that were included when Buyer received it. Returned items cannot have physical damage. Shipping cost and responsibilities of returns by Buyer. Refunds from Seller will be issued via the original form of payment that was used by Buyer. Buyer will receive a refund of the purchase price that Buyer paid for the approved returned item(s), excluding any shipping and handling costs of the item(s) within 21 business days of Seller’s receipt of the returned item(s). Products purchased from other sellers must be returned in accordance with their applicable return and refund policy.
- Order Cancellation. After each order is processed, it is sent immediately to Seller’s fulfillment warehouse for shipment. Orders cannot be cancelled after they have been shipped.
- Other Terms. In some cases, Buyer might be subjected to customs, import taxes or brokerage fee when ordering from Seller’s website. Buyer should check with a local customs office for local rules and regulations. Shipments going to Canada will have all duties and taxes paid for and included in the shipping cost that is paid at checkout.