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BenQ Jamboard Reseller Terms and Conditions

BenQ America Corp. Terms and Conditions of Sale for Google Jamboard Products for Resellers

[For Purchase via the BENQB2B.COM Ordering Website]

 

Sales and shipping of Google Jamboard Products (“Products”) are limited to the Continental United States, thereby excluding Alaska and Hawaii, as well all U.S. Territories.


IMPORTANT! Your Google Jamboard Products (“Products”) purchased from BenQ America Corp.’s (“BenQ”) BENQB2B.COM Ordering Website (the “BenQ Site”) are subject to these Terms and Conditions of Sale.  By accessing and placing an order through the  BenQ Site, you and/or the company you represent (the “Reseller” or “You”) agree to be bound by the following:

Your purchases via the BenQ Site are governed by (a) the Terms and Conditions of Sale in this document, and (b) other terms and conditions, information, notices, contents and policies that BenQ may publish or provide from time to time through this BenQ Site as well as other methods, including but not limited to other BenQ sites, emails, dealership/reseller partner agreements and amendments thereto (“Additional Conditions”); (a) and (b) above are collectively referred to as the “Agreement” or these “Terms and Conditions”. However, in the event of a conflict between the Terms and Conditions of Sale under (a) and the Additional Terms and Conditions under (b), the provisions under (a) will prevail.  Purchases include any order, purchase, receipt, delivery, service, product or use of any product purchased through the BenQ Site. This Agreement is subject to change by BenQ in its sole discretion at any time without prior written notice. 

Terms and Conditions of Sale:

1. No Alteration or Supplement. All purchase orders are exclusively governed 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 will have any effect, unless agreed to in a written agreement signed by you and BenQ.

 

2. Credit (if applicable).  You have been extended a credit line through an independent third party financial institution (the “Credit Provider”), which is not an affiliate or related to BenQ. You hereby acknowledge and agree that any credit agreement in which you may have entered with such Credit Provider is between you and the Credit Provider and BenQ is not an express or implied party to such contract. Therefore any question, issue, dispute or claim of any nature arising or related to the aforementioned credit agreement will be strictly addressed between you and the Credit Provider without BenQ’s involvement who will not have any liability to either party.

 

3. No Given Term. All purchase orders placed under this Agreement will be treated as an independent contract governed by the same. Therefore, this Agreement is not extended for a specific period of time and you or BenQ may terminate it at any time, with or without cause, by providing the other with written notice without any liability, except for those rights and obligations that may have vested as of the date of termination.

 

4. Orders; Notices; Product Availability. Purchase orders are not binding until accepted by BenQ. BenQ reserves the right to accept or reject any order in its sole discretion and without liability to Reseller.  Once an order has been accepted by BenQ, it may not be cancelled. BenQ reserves the right to verify any information provided in an order or request additional information; such action will not constitute an acceptance of the order.  BenQ may make such request via email, phone, or facsimile, based on the contact information you provided.  Notification of rejection of an order will be sent via email. BenQ will not be liable for issues resulting from email or facsimile notification failures.  All products ordered from the BenQ Site are subject to availability.  Furthermore, in the event of a product shortage, BenQ reserves the right to allocate inventory of such products among BenQ’s customer orders in BenQ’s discretion. No orders for delivery to military base addresses outside the Continental United States or PO Boxes will be accepted.

 

5. 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 1-888-818-5888 to address the issue.  BenQ reserves the right to cancel or modify the order it its sole discretion on a case by case basis.

 

 

6. Prices.  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, except for orders that have been accepted by BenQ. No price protection is offered (i.e. should BenQ 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 then current selling price).

 

7. Delivery; Risk of Loss. All sales are final.  Delivery for shipments of Products will be EXW BenQ designated warehouse (EXW means EX Works as such term is defined in “Incoterms” published by the International Chamber of Commerce) for all shipments and Reseller bears all costs and risks of loss involved in taking the Products from BenQ’s designated warehouse to Reseller’s desired destination., Title to the Products (except title to the software installed in the Products) will pass to Reseller at the time of Reseller or its agent taking the Product.

 

8. Software. All provided software is subject to a software license agreement. Before using the Google Jamboard for the first time, Reseller agrees to accept and will be bound by the terms of the software license agreement. Reseller further agrees that the software license agreement governs its use of the Google Jamboard software. BenQ does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

 

9. Promotions. No promotion (e.g., special price discount) is offered by BenQ unless a promotion explicitly so states. Reseller also agrees to comply with all terms and conditions of any promotion, as the same may be amended by BenQ at any time without prior notice and in its sole discretion.

 

10. BenQ Logo and Marks. BenQ grants to Reseller, during the term of this Agreement, a limited and non-transferrable license to use the BenQ name and logo (collectively the “Marks”) under the specifications provided by BenQ, as they may be amended from time in BenQ’s sole discretion, solely to promote the resale of Products, provided that such resales are pursuant to all the terms and conditions of this Agreement. Reseller will not affix any BenQ trademarks or service marks to any Product.

 

11. Limited Warranties. There are no warranties for the Product or software except for the applicable manufacturer’s warranty to be provided to end user on a pass through basis. BenQ disclaims all warranties express or implied or to the extent provided by law, and/or statute, including but not limited to any implied warranty of merchantability, or fitness for a particular purpose.

 

12. DOA and Defective Products; RMA. Except as otherwise provided, the return of any Product that is “dead on arrival” (“DOA”) or defective, may be returned subject to and in adherence to BenQ’s RMA policy detailed in Section 24 herein below.  If you have any questions please contact us at 1-888-818-5888.  Notwithstanding anything to the contrary, ANNUAL MANAGEMENT AND SUPPORT FEE, G SUITE LICENSE, AND SHIPPING, HANDLING, INCLUDING SITE SURVEY ARE NOT ELIGIBLE FOR REPLACEMENT AND NOT REFUNDABLE.

 

13. Limitation of Liability. IN NO EVENT WILL BENQ BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR OTHER LIABILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS, PROFIT OR DATA, INCURRED BY RESELLER WHETHER IN AN ACTION IN CONTRACT, EQUITY, TORT OR BASED ON AN ALLEGED WARRANTY, ARISING FROM OR RELATED TO THE PRODUCT OR SERVICES UNDER THIS AGREEMENT, EVEN IF BENQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BENQ’S SOLE AND EXCLUSIVE LIABILITY TO RESELLER FOR ANY CLAIM OR ACTION OF ANY NATURE WILL BE LIMITED TO THE AMOUNTS RECEIVED BY BENQ FROM THE RESELLER FOR THE SPECIFIC PRODUCT WHICH IS PROVEN IN A FINAL AND NON APPELABLE JUDGMENT TO HAVE CAUSED THE ALLEGED DAMAGES OR INJURY STATED IN THE CLAIM.  RESELLER ACCEPTS THE FOREGOING AS LIQUIDATED DAMAGES AND FAIR COMPENSATION. THE PROVISIONS IN THIS CLAUSE ARE SUBJEC TO ANY APPLICABLE LAW LIMITATIONS, WHICH UNDER SUCH LAW CANNOT BE MODIFIED OR WAIVED.

 

14. Technical Support.  For general technical support in the United States Reseller may contact the Google Jamboard Technical Support Center by calling our toll free number 1-888-512-2367.

 

15. Force Majeure. Neither party will 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 its 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.

 

16. Electronic Notices; Relating to Transaction. Purchases through the BenQ Site are conducted electronically and Reseller agrees that BenQ may communicate with Reseller electronically. Furthermore, BenQ may send Reseller marketing, promotional and questionnaire emails asking about Reseller’s experience with BenQ as well as email notices and other disclosures about your orders. However, since email delivery is not infallible, Reseller also agrees to contact BenQ for order information such as order status or shipping delays electronically or by other means and Reseller agrees to keep all records relating to any and all orders, including, where possible, printing a copy of the order confirmation page. To the extent allowed by law, Reseller agrees that the above replaces and satisfies any law that provides for different methods or timing for its receipt of notices relating to any transaction arising or related to this Agreement. Notwithstanding the foregoing, BenQ also reserves the right to deliver notices and disclosures by other means such as postal mail and courier in its sole discretion.

 

17. Reseller Indemnity Obligations.  Reseller agrees, at its sole cost and expense, to defend, indemnify and hold BenQ and its parent company, affiliates and respective officers, employees and agents harmless against any third party claims, suits or actions as well as for any damages, awards, costs (including reasonable attorney’s fees) and liabilities of any nature resulting from or related to the negligence and/or intentional acts of Reseller, its employees or agents. BenQ will promptly notify Reseller in writing of any third party actual or potential claim and BenQ will have the right to participate in the selection of counsel, defense and settlement of any third party claims covered by this Agreement. If BenQ decides to exercise such right, Reseller and BenQ will cooperate in good faith as needed for a successful defense or proper settlement, agreeable to both parties. Reseller must have BenQ’s written consent before settling any third party claim, which consent will not be unreasonably withheld by BenQ.

 

18. Headings. The section headings used herein are for convenience of reference only and do not affect the applicable provision and no construction or inference will be derived therefrom.

 

19. White Glove Basic and Site Survey, and White Glove Premium Installation. Please click the link https://www.benqb2b.com/jamboard/install-checklist for White Glove Basic Installation Check List.  Any and all service is to be purchased at additional cost and is NOT refundable once purchased.

 

20. Export Not Allowed.  Reseller may not export any Product outside the United States.   

 

21. Relationship of Parties. The parties are independent contractors with respect to each other and neither party is authorized to bind the other or otherwise act in the name of or on behalf of the other party. 

 

22. 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.  Reseller 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.

 

23. General. Reseller may not assign this Agreement without BenQ’s prior written consent. If any terms of this Agreement is held unenforceable by a competent court of law with jurisdiction over the matter, the legally and enforceability of the remaining provisions will not be affected or impaired. The failure by either party to exercise or enforce any right or provision hereunder will not constitute a waiver of such right or provision.

 

24. DOA and Defective Returns.

 

  1. A.   DOA/Defective Products. Reseller will send BenQ a report specifying the number of units of Products it believes to be DOA or defective within 30 calendar days after BenQ’s invoice date. Reseller expressly waives any right to revoke acceptance thereafter in connection with such DOA or defective Products. After receiving and approving the written DOA/defective report and return material authorization (“RMA”)  request with the correct information, BenQ will issue a RMA number to instruct Reseller to return, freight collect at BenQ’s expense, the DOA or defective Products to BenQ or to a BenQ designated service center at BenQ’s discretion. Further, if approved at BenQ’s sole discretion, BenQ will at BenQ’s expense, replace such Product with Product of equal or better characteristics. For any return of DOA or defective Products, the following conditions will be met before BenQ ships out replacement unit, (1) Reseller will follow the terms and conditions of the BenQ’s RMA policy set forth in Section B below, and no return of Products will be accepted by BenQ without a RMA number issued by BenQ, (2) BenQ must receive such Products within the 30 calendar day DOA/defective return period stated in Section B below, and (3) BenQ’s inspection and testing confirms that such returned Products are DOA or defective. If BenQ’s inspection discloses that the returned Products are neither DOA nor defective, or if Reseller fails to adhere to the terms and conditions of Section B below upon return, BenQ may ship back such Products to Reseller at Resellers expense. A Product that is damaged in transit during delivery to Reseller and/or Reseller’s agent and/or carrier, will not be considered DOA/defective.

 

  1. B.  RMA Process.

 

B.1 Requirements. DOA/defective returns will only be accepted by BenQ in accordance with the following terms:

 

(a) RMA Number. Reseller may request a return material authorization ("RMA") number from BenQ by providing the following: (i) Product part number, (ii) Product serial number, (iii) Reseller’s store number or location (if applicable), (iv) Reseller contact name, phone number and fax number, and (v) Reseller’s RMA reference number and/or associated debit memo number. Any RMA request containing incorrect or inaccurate information (i.e., no serial numbers, incorrect serial numbers, Product not available for return) will be rejected by BenQ and returned to Reseller. Reseller must submit a new RMA request with correct information within the stated 30 calendar days as provided in Section A;

 

(b) Transport. Upon issuance of an RMA number by BenQ, Reseller will ship those authorized Products to BenQ’s designated location (i) in their original carton(s) and packing material(s), and (ii) with BenQ’s RMA number clearly displayed on the exterior of each carton(s); and

 

(c) Timing of Return. BenQ must receive the defective Products within 30 calendar days after BenQ’s issuance of an RMA.

 

B.2 Adjustments. Any missing or damaged Products or parts will be charged to Reseller at BenQ's MSRP or equivalent charge for the damaged or missing Product or part.

 

B.3 Authorization. Subject to the terms and conditions of this Agreement, all return request can only be made to and authorized by BenQ’s RMA Department.

 

25. Sole Agreement. This Agreement constitute the sole agreement between the parties and voids any prior verbal or written agreement or understanding.  Except as otherwise provides, this Agreement may not be modified by Reseller, except with BenQ’s written and signed consent.

 

26. Authorized Representative.  Reseller affirms to have read and understood and accepted the terms and conditions of this Agreement and is authorized to place purchases orders under the same.