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BenQ America B2B Terms and Conditions

[For Purchase via BenQ B2B Ordering Website]


IMPORTANT! Your purchase from BenQ America Corp. (“BenQ”) via BenQ B2B Ordering Website IS subject to these Terms and Conditions of Sale. PLEASE READ THIS DOCUMENT CAREFULLY. By accessing and PLACING AN ORDER THROUGH BenQ B2B Ordering Website, you agree to be bound by the following:

Your purchase activities via BenQ B2B Ordering Website 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 by BenQ B2B Ordering Website regardless through linkage or not as well as dealership/reseller partner agreement (“Additional Conditions”) ((a) and (b) above collectively hereunder, this “Agreement” or these “Terms and Conditions”). Such purchase activities include any order, purchase, receipt, delivery or use of any product through BenQ B2B Ordering Website. 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 placed through the BenQ B2B Ordering Website (“Orders”) are exclusively governed by this Agreement and may not be changed, amended, supplemented or waived except through a written agreement signed by you and BenQ.

2. Orders. Orders are not binding 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. 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 BenQ B2B Ordering Website. All products ordered from BenQ B2B Ordering Website 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 PO Boxes will be accepted.

3. 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. No price protection/matching 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 BenQ B2B Ordering Website selling price).

4. Promotions. The only applicable promotions (e.g., special price discount) for the Orders are those specifically offered by BenQ B2B Ordering Website and no others and are subject to the applicable terms and conditions.

5. Warranties. All sales are governed by the BenQ End User Limited Warranty for the specific product (http://www.benqb2b.com). BENQ MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN BENQ'S APPLICABLE END USER LIMITED WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE PURCHASE. BenQ’s Limited Warranty 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.

6. Software. All product software is subject to a software license agreement with applicable terms and conditions. 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.

7. Order Cancellation or Modification. If an order is processed in error, please contact BenQ B2B Ordering Website’s customer service immediately at 1-888-818-5888 for instructions.

8. DOA/Defective Return Policies. If the product is “dead on arrival” (“DOA”) or defective, you may return the product for within 30 days from the delivery date under the terms and conditions of BenQ’s RMA/DOA Policy (http://www.benqb2b.com).

9. Limitation of Liability. BENQ IS NOT LIABLE BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION 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 MAXIMUM LIABILITY RELATED TO THE PURCHASE OF PRODUCTS IS LIMITED TO THE AMOUNT EQUAL TO THE INVOICE AMOUNT PAID BY YOU TO BENQ. 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 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.)

10. Technical Support. You may contact the BenQ Technical Support Center for general technical support in the United States by calling our toll free number, 1-888-512-2367.

11. Force Majeure. BenQ shall not be liable 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.

12. Electronic Notices; Relating to Transaction. Purchase through BenQ B2B Ordering Website is conducted electronically and you agree that we can communicate with you electronically. BenQ may send you email 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.

13. General. You may not assign any of these Terms and Conditions without BenQ’s prior written consent. If any term of this Agreement is deemed unenforceable by a court with competent jurisdiction, the legality and enforceability of the remaining provisions shall not be affected or impaired and shall continue in full force and effect. The failure of BenQ to exercise or enforce any right or provision of this Agreement shall 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.

14. 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.

15. Authorized Representative. I am authorized by my employer/organization to place this purchase order.