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BenQ End User Terms and Conditions

BenQ America Terms and Conditions of Sale for BenQ Products – End Users

[For Purchase at BenQB2B.com]

 

IMPORTANT! Your use of this site IS subject to these Terms and Conditions of sale.  PLEASE READ THIS DOCUMENT CAREFULLY.  By accessing and PLACING AN ORDER THROUGH THIS SITE, you agree to be bound by the following:

Your purchase activities at BenQB2B.com are governed by (a) these “Terms and Conditions of Sale” set forth herein below and (b) other conditions, information, notice, contents and policy that are provided at this site or obtained in connection with this site regardless through linkage or not (“Additional Conditions”) ((a) and (b) above collectively hereunder, “this Agreement”).  Such purchase activities include any order, purchase, receipt, delivery or use of any product from BenQB2B.com.  When appropriate, these Terms and Conditions of Sale will supersede, any conflicting or inconsistent Additional Conditions.  Further, these Terms and Conditions of Sale and Additional Conditions are subject to change by BenQ at any time without prior written notice in BenQ's sole discretion.

Terms and Conditions of Sale

1. No Alteration or Supplement. All purchase orders are exclusively govern by this Agreement which may not be changed, amended, supplemented or waived, by the use of any pre-printed purchase order forms or any other documentation, and no such attempted change, amendment, supplement or waiver shall have any effect, unless agreed to in a written agreement signed BenQ.

 

2. Orders.  Orders are not binding upon BenQ until accepted by BenQ.  BenQ reserves the right to accept or reject any order and to verify any information provided in your order, including, but not limited to, contacting you via email, phone, or facsimile based on the contact information you provided, or requesting further identification or credit information from you.  Once an order has been accepted by BenQ it is noncancelable. Notification of rejection will be via email to the email address you provided when submitting your order. We assume no responsibility for issues resulting from such rejection or e-mail notification failure.  Further, BenQ reserves the right to limit the quantity of any products that may be obtained by you through BenQB2B.com. All products ordered from BenQB2B.com are subject to availability and if a shortage of any product in BenQ’s inventory exists, BenQ reserves the right to allocate inventory of such products among BenQ’s customer orders for such products as BenQ deems appropriate.  No orders for delivery to addresses outside the US or PO Boxes will be accepted.   

 

3. Prices and Payment Terms.  Advertised prices are in US dollars and exclude shipping and handling charges and taxes unless otherwise noted.  BenQ reserves the right to change prices at any time without notice.  No price protection is offered (i.e. Should we lower the price of the product you purchased, you are not entitled to any refund or credit for the difference between the price you paid and the current BenQshopping.com selling price.)  Payment for the Products may be made by credit card unless BenQ has agreed to other prearranged payment method.  Payment must be received by BenQ prior to acceptance of your order.  By submitting your order for processing, you authorize BenQ to charge your order (including taxes, shipping, handling and any amounts described on BenQb2b.com before order submission) to your card.  If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically.  You agree to update your card information to keep it current at all times and that we may submit charges for processing even if your card has expired.  You must resolve any problem before proceeding with your order.

 

4. Promotions.  No promotion (e.g., special price discount) is offered by BenQB2B.com unless the promotion explicitly so states. You also agree to comply with all terms and conditions of a promotion, such as quantity and other restrictions or time limits that could expire during your visit to BenQB2B.com.

 

5. Shipment and Taxes. BenQ will arrange to ship the products to you in accordance with BenQB2B.com’s shipping policy and separate charges for shipping and/or handling will be shown on the invoice(s). Shipping and handling charges may or may not reflect actual costs and may be amended by BenQ from time to time.  Subject to applicable law, BenQ reserves the right to deliver items acquired as part of your order at different times in the event that they are not available for the shipment at the same time.  You must notify BenQ of damaged or missing items from your order within 30 days after you receive your products.  You are responsible for paying all taxes associated with your order, except for BenQ's franchise taxes and taxes on BenQ's net income. Prior to submitting your order, you will have the opportunity to review product prices and any applicable sales tax, shipping and handling charges. BenQ is required by law to collect sales taxes for orders shipped to certain states from you, and in other states, you may be responsible for paying sales tax in your state, county, or municipality.  When applicable, a separate charge for taxes will be shown on the invoice.

 

6. Title; Risk of Loss. Title to products passes from BenQ to you when BenQ delivers them to the shipper and risk of loss passes to you when the shipper delivers products to the address you designate. Title to software will remain with BenQ or the applicable licensor(s).

 

7. Warranties. All sales are govern by the BenQ End User Limited Warranty (for refurbished products, the limited warranty period is described in Refurbished Product Limited Warranty.)  BENQ MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN BENQ'S APPLICABLE END USER LIMITED MANUFACTURER WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.  BENQ END USER LIMITED MANUFACTURER WARRANTY (FOR NEW OR REFURBISHED PRODUCTS) DOES NOT COVER NON-BENQ BRANDED PRODUCTS.  ANY WARRANTY APPLICABLE TO NON-BENQ BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.  BenQ’s End User Limited Manufacturer Warranty (for new or refurbished products) does not include any statements made on packaging or in manuals and other documentation and you agree that those are provide and will be accepted by you for informational and instructional purposes only and not as warranties.

 

8. Software. All software is provided subject to the license agreement that is part of the package. You agree that you will be bound by the license agreement once the package is opened or its seal is broken. BenQ does not warrant any software under this Agreement.  Warranties, if any, for the software are contained in the license agreement that governs it purchase and use.

 

9. Order Cancellation or Modification.  Please note that once an order has been accepted by BenQ, the order is non-cancelable.  However, if you place an order by error or if the invoice is inaccurate, please contact BenQB2B.com’s customer service immediately at 1-888-512-2367 to address the issue.  BenQ reserves the right to cancel or modify the order it its sole discretion on a case by case basis.

 

10. Return and Exchange Policy.  If for any reason you are dissatisfied with your BenQ-branded product purchased directly from BenQB2B.com, you may return it within 30-days from the invoice date for an exchange or refund. Products not purchased from BenQB2B.com will not be accepted.  This End-User Return and Exchange Policy (“Policy”) is not part of the manufacturer’s warranty and is subject to change without notice.

 

Request a Return.  To request a return merchandise authorization number (“RMA”) and instructions for exchange or credit, please visit http://support.benq.us/customer/portal/articles/1726084-rma-request or call        1-888-818-5888, Monday through Friday from 8:30 AM to 6:30 PM Central Time.  No return will be accepted unless it is accompanied by a valid RMA number and is received by us within 30 days of the RMA number issuance date.  Shipping and Handling Fees are not refundable.

 

Return Instructions.  All return products for exchange or credit must be in new condition, with its original packaging and accompanying cables, manuals, disks, and/or supplies.  If a return is incomplete or in less than original condition, we reserve the right to assess a charge of up to 100% of the item(s) MSRP; the charge will be made directly to your credit card.  By opting to return a product as provided herein, you agree for the applicable amount to be charged to your credit card.  In either case of a refund or exchange, you are responsible for shipping costs and risk of loss, damages or theft until the product is delivered at BenQ’s designated location.

 

Exchanges. Returns for exchanges are made for in-stock items.  If we do not have the item in stock you may opt for (i) receiving a refund, (ii) exchange it for a model of equal value, or (iii) received a credit to be applied to a model of higher value and pay the difference.  The exchange item will be shipped to you within 3 business days from BenQ’s receipt, inspection and confirmation that the returned product complies with this Policy.

 

Refunds.  Once the returned product has been delivered to BenQ and it is inspected and confirmed to comply with this Policy, within 3-5 business days, BenQ will issue a refund to the same credit card used for the purchase of the product for the amount actually paid, including taxes (if any).  It may take up to two billing cycles for the credit to appear on your monthly statement. 

 

11. Products. BenQ continually upgrades and revises its products offerings to provide BenQ customers with new products offerings. BenQ may revise and discontinue products at any time without prior notice to customers. BenQ 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 sheet or catalog are possible.

 

12. Limitation of Liability. BENQ IS NOT LIABLE BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF ANY SERVICES AND SUPPORT. BENQ’S AND YOUR MAXIMUM LIABILITY TO THE OTHER, RELATED TO THE PURCHASE OF PRODUCTS, IS LIMITED TO THE AMOUNT EQUAL TO THE INVOICE AMOUNT PAID BY YOU TO BENQ FOR THE PRODUCT AT ISSUE.  IN NO EVENT SHALL BENQ BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA OR USE, WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCTS OR USE OR PERFORMANCE OF THE PRODUCTS, EVEN IF BENQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.)

 

13. Your Representations & Warranties; Not For Resale or Export. You represent and warrant for the benefit of BenQ that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for BenQB2B.com; (c) all information that you submit to us is true, accurate and current, and (d) you buy the products from BenQB2B.com for your own internal use only, and not for resale or export.

 

14.  Governing Law and Attorney Fees. THIS AGREEMENT AND ANY MATTERS ARISING OR RELATED THERETO WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.  You and BenQ herein irrevocably submit to the jurisdiction of the courts located in Orange County, California and waive any objections to venue or forum non convenience. The expenses (including attorneys' fees, the allocated cost of in-house counsel, and all other costs that party may incur in the enforcement of this Agreement) incurred by the prevailing party in any such legal action will be reimbursed by the other party.

 

15. Technical Support. For general technical support please call the BenQ Technical Support Division at 1-888-512-2367..

 

16. Force Majeure.  Neither you nor BenQ shall be liable to the other for its failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is due to circumstances beyond reasonable control, including without limitation earthquakes, governmental regulation, shortages of components, fire, flood, strikes, labor disputes or labor difficulties, civil disorder, perils of the sea, war (declared or undeclared), embargoes, and acts of God.

 

17. Electronic Notices; Relating to Transaction.  Purchases through BenQB2B.com are conducted electronically and you agree that we can communicate with you electronically. BenQ may send you emails asking about your experience with BenQ, email notices and other disclosures about your orders.  However, since email delivery is not infallible, you also agree to contact BenQ for order information such as order status or shipping delays electronically or by other means and you agree to keep all records relating to your order, including, where possible, printing a copy of your order confirmation page. To the extent allowed by law, you agree that the above replaces and satisfies any law that provides for different methods or timing for your receipt of notices relating to your transaction.  BenQ also reserves the right to deliver notices and disclosures by other means such as postal mail in its sole discretion.

 

18. General. You may not assign this Agreement without BenQ’s prior written consent.  If any terms of this Agreement is unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.  The failure of BenQ to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.  Any waiver (express or implied) by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. This Agreement can only be modified by a written instrument signed by a duly authorized BenQ representative.

 

19. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

 

20. Acceptance of Terms and Conditions. BY PLACING YOUR ORDER YOU CONFIRM to have read and understood and accepted TO BE BOUND BY the terms and conditions of this Agreement.