Return Policy
Business Policy (last revised March 22, 2005):
1. Entire Agreement. Any agreement for the purchase of goods and/or services from US shall be governed by and is made subject to these Business Terms and the Returns Policies stated below (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by Bizi Electronics to Customer. This Agreement may not be amended or modified except by a written instrument executed by the party against whom enforcement is sought, provided that we may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its web site. Prices and availability are subject to change without notice.
2. Accuracy of Data. We obtains certain data directly from the manufacturer or distributor of certain products. While we make every effort to ensure the accuracy of this data, this web site could include typographical errors and/or technical inaccuracies. We reserve the right to make improvements and/or changes to such data and/or this web site at any time. We make no warranty of any kind with respect to the data on this web site or the accuracy of advice given by our employees, whether or not such advice is made in writing.
3. Representations; Changes and Corrections. Photos may not represent actual product. Monitors and printers are not included with computer systems unless specified. Typographical, product description, pricing and other errors are subject to correction by us even after orders and/or payment are accepted. Additionally, We may make pricing changes needed to avoid material profit losses due to manufacturer price changes, changing market conditions or product discontinuation, even after orders and/or payment are accepted. We may revise or rescind an order to correct an error or pricing issue not detected until after fulfillment of such order, and Customer may either accept our proposed revision to the order or rescind the order if such proposed revision is unacceptable. In the event an order is rescinded due to our error or pricing adjustment, We will bear all shipping costs and Customer will receive a full refund for products returned in new condition. Although Internet orders generate an automatic confirmation and response e-mail, Insight may change its pricing, product description or specification after any order confirmation or response e-mail but prior to shipment due to errors, changing market conditions, product discontinuation or typographical errors.
4. Customer's Responsibility for Certain Shipping Charges. If Customer requests shipping charges be paid either on a collect basis or on Customer's account with the shipping company, and Customer refuses the shipment or refuses to pay the applicable shipping charges, We may bill Customer, and Customer agrees to pay us, for all resulting charges incurred by us either directly or through its supplier.
5. Delivery. All equipment will be delivered to Customer f.o.b. from our facility or the facilities of any of our vendors who are shipping directly to Customer, except for all sales shipped into the State of California will be delivered to Customer f.o.b. destination. Regardless of the terms of shipment and who pays for freight, the risk of loss shall pass to Customer when the equipment is delivered to the transportation carrier, and we are not responsible for any loss or damages to the equipment during shipment. We strongly recommends that Customer obtain insurance for shipments, as neither Bizi Electronics nor its suppliers will insure such shipments. Insight will use its best efforts to meet the delivery time stated but does not, under any circumstances, guarantee delivery by the stated time and is not responsible for any damages caused by the failure to meet the stated delivery time.
6. Implementation Plan. Any implementation dates contained in this Agreement reflect a tentative production schedule and will be confirmed in accordance with Customer's schedule, business needs and product availability. The implementation of any Customer-initiated changes to this Agreement could result in modifications to this Agreement, including pricing, implementation and production schedules. Any requests for modifications shall be subject to Insight's acceptance, at prices and scheduling mutually agreeable to the parties.
7. Goods Purchased for Export. If goods herein being purchased are being purchased for purposes of export, Customer must obtain from the U.S. government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void.
8. Taxes. Customer will pay all Federal, state, local, excise and other taxes imposed upon the products and services offered hereunder, excluding the taxes based on our income, assets or net worth. Customer may provide us a tax exemption certificate (subject to review and acceptance by our tax department). Any tax imposed by federal, state or other governmental authority on or with respect to the sale, purchase, delivery or use of equipment and services shall be paid by Customer.
9. Backup. Customer is responsible for back-up and other protection of its data against loss, damage or destruction. We will have no obligation or liability with respect thereto unless caused by its gross negligence or intentional misconduct, which obligations will extend only to data not contained in archival storage, which amount Customer agrees will be no greater than one day's business activity.
10. Customer's Specifications. If any services, products or equipment provided under this Agreement are pursuant to or at the direction of Customer or contain software provided to us by Customer, Customer agrees to indemnify and hold us harmless from and against all liability, loss, damage and expense, including reasonable counsel fees, resulting from any claim by a third party of infringement, or any litigation based thereon, and such obligation shall survive payment therefore by the Customer. We will rely on the specific instruction, information and/or other software provided by Customer. We will not be responsible for delays or default in the failure of Customer to provide accurate instructions or information.
11. Licensing. Customer understands that for any and all software it authorizes us to install on Customer machines on behalf of Customer, that Customer accepts responsibility for acquiring valid licenses for installed software products - whether installed as individual software products, part of a software image or any other method. Customer understands that installation of software products by Bizi does not constitute a right to use the software; a valid software license must be acquired for each product that is installed.
12. Limited Warranty. EQUIPMENT, PRODUCTS OR SERVICES PURCHASED BY CUSTOMER FROM Bizi THAT WERE MANUFACTURED, PRODUCED OR PROVIDED BY THIRD PARTIES ("THIRD PARTY PRODUCTS") ARE PROVIDED ON AN "AS IS" BASIS, AND WE MAKES NO WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS. If Customer discovers within the applicable warranty period a failure of the Third Party Products to substantially conform to the specifications or a defect in material or workmanship, Customer must promptly notify the manufacturer in writing. Customer will look solely to the third party that manufactured, produced or provided the Third Party Products for recovery on any claim of liability, whether express or implied, and will hold us harmless therefrom. Bizi's sole responsibility with respect to Third Party Products shall be to pass through to Customer any manufacturer warranties of the Third Party Products. AS TO PRODUCTS PRODUCED AND SERVICES PROVIDED SOLELY BY INSIGHT ("INSIGHT PRODUCT"), INSIGHT MAKES NO WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS TO THOSE WARRANTIES SPECIFICALLY SET FORTH IN THE SPECIFICATIONS OF THE Bizi PRODUCT. If Bizi is unable to correct the failure to conform to any such warranty after a reasonable number of attempts, Bizi will provide at its option either: (a) replacement equipment, product or service, or (b) a refund of the purchase price. These remedies are Customer's exclusive remedies for breach of warranty on our Products. Notwithstanding the foregoing, Bizi product codes beginning with "BVC" (Bizi Value Center) are sold "AS IS" as open box items, are not warranted by us and are not returnable to us for any reason. BVC PRODUCTS HAVE BEEN PREVIOUSLY OPENED AND/OR THE BOX HAS BEEN DAMAGED. BVC PRODUCTS ARE NEITHER OFFERED NOR SOLD AS "NEW" PRODUCTS. MANUFACTURER WARRANTY, IF ANY APPLIES, WILL PROVIDE SOLE COVERAGE FOR BVC PRODUCTS. Any action for breach of warranty must be commenced within two months following expiration of the applicable warranty. Bizi does not guarantee product compatibility. Defective and DOA (dead on arrival) product must be reported to Customer Service within 21 calendar days of the invoice date. All order discrepancies (shortages, mislabeled product, damaged product or overages) must be reported to Customer Service within five business days after receipt of the shipment. All non-defective returns must be reported to Customer Service within five business days after receipt of the shipment. Not all products are eligible for return, and not all products that are eligible for return are to be returned to us. Carefully review all return policies (below) before making your purchase. Shipping charges are not refundable.
13. Negation of Warranty. Bizi does not warrant (a) product, components or parts not produced by Bizi, (b) defects caused by failure to provide suitable installation or application environment for the equipment, (c) damage caused by use of the equipment for purposes other than those for which they were intended, (d) damage caused by disaster such as fire, flood, wind and lightning, (e) damage during shipment, (f) damage caused by unauthorized modification or improper installation of the equipment, or (g) any other abuse or misuse by Customer. No agent or employee of Bizi or any other party is authorized to make any warranty in addition to those made in this Agreement.
14. Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND Bizi HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
15. Limitation of Liability. Except for loss, damage and expense caused by gross negligence or intentional misconduct, neither party shall be liable to the other party for any indirect, special or consequential damages (including loss of profits) arising out of this Agreement, regardless of the form of action or theory of relief. Any liability arising under this Agreement is limited to the total fees and authorized costs received by us for services rendered pursuant to this Agreement. Further, no action, whether for indemnification or otherwise, regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one (1) year after the damage, loss or expense occurred, except that an action for non-payment may be brought within one (1) year after the date of last payment. Except as otherwise provided herein, Bizi is not liable for any claim made by a third party or made by Customer for a third party.
16. Termination. Bizi or Customer may terminate any order made pursuant to this Agreement with or without cause upon five (5) business days prior written notice to the other party. Termination shall not relieve Customer's duty to pay for equipment actually shipped, services actually performed or expenses incurred by us pursuant to this Agreement.
17. Confidential and Trade Secret Information. Neither party to this Agreement will use or disclose to any third party any confidential or proprietary information of the other party, including but not limited to, trade secrets, software applications, technology, know-how, business practices, and pricing information and any and all other documents marked confidential or proprietary, without prior written consent of the discloser thereof. Bizi, at its election, may make available to Customer a customized website containing confidential Customer account information for the purpose of allowing Customer to purchase products and services for its own account (a "Custom Landing Page"). Customer will be responsible for providing, at its cost, all equipment necessary to gain access to the Custom Landing Page. The content and format of the Custom Landing Page are subject to change at any time and without prior notice. Such content and format changes may include, but are not limited to, changes in screens, changes in search process, changes in information provided by third parties and changes in format of the information displayed. Access to the Custom Landing Page is subject to interruptions at Bizi's discretion or as may be caused by communications carriers or other third parties. Entry on to and use of the Custom Landing Page is through a combination of an ID and a password, which will not be effective until activated by us. Customer agrees that the information displayed on the Custom Landing Page is confidential and agrees to keep its ID and password confidential, to restrict disclosure to those of its employees with a need to know the ID and password (authorized parties), not to permit or accept any benefit or information from access to the Custom Landing Page by unauthorized parties and to report immediately to Bizi any loss, theft or unauthorized disclosure or use of its ID and password. Unless and until Bizi receives notification in writing of a breach of security, Customer will remain liable for any unauthorized use of the Custom Landing Page using Customer's ID and password. Unauthorized access to the Custom Landing Page is a breach of this Agreement and may be a violation of local, state and federal law. Bizi will have the right to deny access to the Custom Landing Page, to cease provision of any Custom Landing Page or to terminate this Agreement, at Bizi's option, immediately and at any time for a breach of this Agreement by Customer, including, but not limited to, security breaches and disclosure of confidential or proprietary information.
18. Intellectual Property Rights. We shall own all right, title and interest in any preexisting intellectual property used in carrying out the services hereunder or developed or created solely by Insight, even if such intellectual property is developed solely to implement the services hereunder. No license to such Bizi intellectual property is granted hereunder. For the avoidance of doubt, Bizi shall own all right, title and interest in the diagnostic materials and maintenance tools used or furnished by us.
19. Non-Solicitation and Non-Hire. Both parties agree that during the time that Bizi is rendering services under the terms of this Agreement and for a one-year period following the cessation of such services, neither party will, directly or indirectly, solicit for hire, or hire, any current or former employee or consultant employed by or hired by the other party.
20. Nature of Relationship. Bizi is acting as an independent contractor to Customer. No personnel employed or engaged by us to perform the services for Customer will be considered Customer's employees, agents, partners, joint venture partners, or franchisor. Each party to this Agreement agrees to comply with all applicable laws, rules, and ordinances.
21. Insurance. Bizi shall carry adequate insurance coverage to provide Workers compensation insurance as required by applicable state law; employer's liability insurance with limits of at least $300,000 per occurrence; comprehensive automobile liability insurance with limits of at least $1,000,000; and comprehensive general liability insurance with limits of at least $1,000,000.
22. Governing Law and Venue. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW RULES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. ANY ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISIONS OF, OR BASED ON ANY SUIT ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT AGAINST ANY OF THE PARTIES IN A COURT OF COMPETENT JURISIDICTION. NOTWITHSTANDING THE FOREGOING, CUSTOMER HEREBY AGREES THAT BIZI MAY BRING ANY ACTION, PROCEEDING OR SUIT RESULTING FROM CUSTOMER'S NON-PAYMENT IN THE COURTS LOCATED IN ALAMEDA COUNTY, CALIFORNIA, AND CUSTOMER HEREBY CONSENTS TO SUCH COURTS' JURISIDICTION.
23. Other. The terms, conditions and prices contained in any quote from Bizi are subject to change until such time as Customer accepts the quote, furnishes payment or an obligation to pay that is satisfactory to Bizi's Credit Department, and thereby converts or directs the conversion of the quote to an order. Bizi shall have no obligation to honor any quotes until they are so accepted and converted. Travel expenses, sales tax and freight and delivery are not included in this Agreement and, where applicable to services and products purchased by Customer hereunder, will be the responsibility of the Customer. This Agreement is subject to credit approval by us. The Customer will provide appropriate credit references upon request and authorize to obtain credit history from such references. If Customer claims exemption from sales tax, an exemption certificate will be provided to us prior to conversion of any order to which such exemption applies. Copyrights and Trademarks Copyright © 2005-2007 Bizi Electronics L.L.C. and subsidiaries. All rights reserved. All trade names and trademarks are the properties of their respective owners. The Intel Inside Logo, Intel, Pentium, and OverDrive are trademarks or registered trademarks of Intel Corporation.
Bizi Return Policy (last revised March 09, 2007): A. Return Policies Bizi Policies: You may return products that are purchased directly from us for a credit or refund of the purchase price paid, less shipping, handling and applicable restocking fees. Any return must be within the applicable return policy period and other requirements below. If you fail to return a product within the return period, then the product is considered accepted and not returnable.
Manufacturer and Publisher Policies: Most products sold by us are subject to a manufacturers' warranty. Please refer to the manufacturer or publisher's website or contact them for further assistance. If a situation extends beyond the manufacturer or publisher's service centers ability to resolve, contact an Bizi Account Executive or Bizi's Client Services for further guidance. Generally, products re-sold by us are subject to the manufacturers' or publishers' warranty that may change based on their requirements. Most manufacturers offer a one year warranty on all new hardware. Some manufacturers and publishers, however, disallow returns. The following manufacturers of hardware (not all inclusive) are not returnable: Cisco, HPQ, IBM, APC, Lenovo & Sony. The following publishers of software (not all inclusive) are not returnable: Citrix, IBM Software, Surf Control & Borland.
Damaged Products: Refuse all damaged products upon original delivery attempt. If damaged products are accepted from the carrier, then note the damage on the carrier delivery record. Save the product and the original box and packaging. Contact Bizi's Client Services within 5 days after receipt of shipment to arrange for a carrier inspection and a pick up of damaged products. Receipt of this information is necessary for Bizi to file a damage claim with the freight carrier.
Order Discrepancies: Contact our Client Services within 5 days after receipt of shipment for all order discrepancies (shortages, mislabeled product or overages).
Defective/Dead on Arrival (DOA): Report DOAs to Bizi's Client Services within 10 days after receipt of the shipment. Some manufacturers and publishers require DOAs to be handled directly with the manufacturer and in those cases Bizi's Client Services will provide the contact information. All DOA returns must be 100% complete, contain ALL original boxes and packing material, have original UPC codes on the manufacturers packaging, contain all blank warranty cards, accessories and documentation provided by the manufacturer. Incomplete DOA returns will be subject to a minimum 50% restocking fee.
Hardware: Unless you have a separate written agreement with us, all hardware, accessories, peripherals, and parts may be returned if the packaging is unopened and still in its sealed package and returned within 30 days (if permitted by the manufacturer's return policy) from the date on the packing slip or invoice, whichever is sooner.
Software: Unless you have a separate written agreement with us, all software may be returned if the packaging is unopened and still in its sealed package or if the software was delivered electronically, has not be downloaded and returned within 30 days (if permitted by the publisher's return policy) from the date on the packing slip or invoice, whichever is sooner. There are no returns accepted for any software that has been opened or for multiple software licenses, unless the publisher authorizes the return.
Non Returnable Product: Please note the following products cannot be returned: • Discontinued items • Special order items • Items for which manufacturers will not accept returns • Custom configurations of systems • Open units, units which require re-boxing • Units in an unsuitable resale condition • Closeout, remanufactured and refurbished products
B. Return Process All returns must have an Bizi return material authorization (RMA) number. If the return meets the manufacturer or publisher's guidelines, you can obtain a RMA number by contacting Bizi below: • Bizi's Client Services at 1-510-300-4304 or by E-mail: Returns@bizielectronics.com. Please have the following information on hand: Client name, invoice number, serial number (can be found on invoice), the nature of the problem and whether the packaging has been opened or is manufacturer sealed. Bizi Client Services business hours are 6:00 a.m. to 5:00 p.m. Pacific Standard time (California). • Submit an online request for an RMA number. Once the RMA is issued, please note the following: • RMA numbers issued by us are good for 15 business days only and product must be received by the warehouse indicated by us within that time. RMA numbers cannot be extended or re-issued. • Clearly mark each address label of each package being returned with the RMA number. DO NOT WRITE ON THE MANUFACTURERS BOX. We strongly recommends using a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring return shipments. • All returns MUST be 100% complete, contain ALL original boxes and packing material, have original UPC codes on the manufacturers boxes, contain all blank warranty cards, accessories and documentation provided by the manufacturer. Incomplete returns may be returned to sender or subject to a minimum 35% restocking fee.
1. Entire Agreement. Any agreement for the purchase of goods and/or services from US shall be governed by and is made subject to these Business Terms and the Returns Policies stated below (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by Bizi Electronics to Customer. This Agreement may not be amended or modified except by a written instrument executed by the party against whom enforcement is sought, provided that we may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its web site. Prices and availability are subject to change without notice.
2. Accuracy of Data. We obtains certain data directly from the manufacturer or distributor of certain products. While we make every effort to ensure the accuracy of this data, this web site could include typographical errors and/or technical inaccuracies. We reserve the right to make improvements and/or changes to such data and/or this web site at any time. We make no warranty of any kind with respect to the data on this web site or the accuracy of advice given by our employees, whether or not such advice is made in writing.
3. Representations; Changes and Corrections. Photos may not represent actual product. Monitors and printers are not included with computer systems unless specified. Typographical, product description, pricing and other errors are subject to correction by us even after orders and/or payment are accepted. Additionally, We may make pricing changes needed to avoid material profit losses due to manufacturer price changes, changing market conditions or product discontinuation, even after orders and/or payment are accepted. We may revise or rescind an order to correct an error or pricing issue not detected until after fulfillment of such order, and Customer may either accept our proposed revision to the order or rescind the order if such proposed revision is unacceptable. In the event an order is rescinded due to our error or pricing adjustment, We will bear all shipping costs and Customer will receive a full refund for products returned in new condition. Although Internet orders generate an automatic confirmation and response e-mail, Insight may change its pricing, product description or specification after any order confirmation or response e-mail but prior to shipment due to errors, changing market conditions, product discontinuation or typographical errors.
4. Customer's Responsibility for Certain Shipping Charges. If Customer requests shipping charges be paid either on a collect basis or on Customer's account with the shipping company, and Customer refuses the shipment or refuses to pay the applicable shipping charges, We may bill Customer, and Customer agrees to pay us, for all resulting charges incurred by us either directly or through its supplier.
5. Delivery. All equipment will be delivered to Customer f.o.b. from our facility or the facilities of any of our vendors who are shipping directly to Customer, except for all sales shipped into the State of California will be delivered to Customer f.o.b. destination. Regardless of the terms of shipment and who pays for freight, the risk of loss shall pass to Customer when the equipment is delivered to the transportation carrier, and we are not responsible for any loss or damages to the equipment during shipment. We strongly recommends that Customer obtain insurance for shipments, as neither Bizi Electronics nor its suppliers will insure such shipments. Insight will use its best efforts to meet the delivery time stated but does not, under any circumstances, guarantee delivery by the stated time and is not responsible for any damages caused by the failure to meet the stated delivery time.
6. Implementation Plan. Any implementation dates contained in this Agreement reflect a tentative production schedule and will be confirmed in accordance with Customer's schedule, business needs and product availability. The implementation of any Customer-initiated changes to this Agreement could result in modifications to this Agreement, including pricing, implementation and production schedules. Any requests for modifications shall be subject to Insight's acceptance, at prices and scheduling mutually agreeable to the parties.
7. Goods Purchased for Export. If goods herein being purchased are being purchased for purposes of export, Customer must obtain from the U.S. government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void.
8. Taxes. Customer will pay all Federal, state, local, excise and other taxes imposed upon the products and services offered hereunder, excluding the taxes based on our income, assets or net worth. Customer may provide us a tax exemption certificate (subject to review and acceptance by our tax department). Any tax imposed by federal, state or other governmental authority on or with respect to the sale, purchase, delivery or use of equipment and services shall be paid by Customer.
9. Backup. Customer is responsible for back-up and other protection of its data against loss, damage or destruction. We will have no obligation or liability with respect thereto unless caused by its gross negligence or intentional misconduct, which obligations will extend only to data not contained in archival storage, which amount Customer agrees will be no greater than one day's business activity.
10. Customer's Specifications. If any services, products or equipment provided under this Agreement are pursuant to or at the direction of Customer or contain software provided to us by Customer, Customer agrees to indemnify and hold us harmless from and against all liability, loss, damage and expense, including reasonable counsel fees, resulting from any claim by a third party of infringement, or any litigation based thereon, and such obligation shall survive payment therefore by the Customer. We will rely on the specific instruction, information and/or other software provided by Customer. We will not be responsible for delays or default in the failure of Customer to provide accurate instructions or information.
11. Licensing. Customer understands that for any and all software it authorizes us to install on Customer machines on behalf of Customer, that Customer accepts responsibility for acquiring valid licenses for installed software products - whether installed as individual software products, part of a software image or any other method. Customer understands that installation of software products by Bizi does not constitute a right to use the software; a valid software license must be acquired for each product that is installed.
12. Limited Warranty. EQUIPMENT, PRODUCTS OR SERVICES PURCHASED BY CUSTOMER FROM Bizi THAT WERE MANUFACTURED, PRODUCED OR PROVIDED BY THIRD PARTIES ("THIRD PARTY PRODUCTS") ARE PROVIDED ON AN "AS IS" BASIS, AND WE MAKES NO WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS. If Customer discovers within the applicable warranty period a failure of the Third Party Products to substantially conform to the specifications or a defect in material or workmanship, Customer must promptly notify the manufacturer in writing. Customer will look solely to the third party that manufactured, produced or provided the Third Party Products for recovery on any claim of liability, whether express or implied, and will hold us harmless therefrom. Bizi's sole responsibility with respect to Third Party Products shall be to pass through to Customer any manufacturer warranties of the Third Party Products. AS TO PRODUCTS PRODUCED AND SERVICES PROVIDED SOLELY BY INSIGHT ("INSIGHT PRODUCT"), INSIGHT MAKES NO WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS TO THOSE WARRANTIES SPECIFICALLY SET FORTH IN THE SPECIFICATIONS OF THE Bizi PRODUCT. If Bizi is unable to correct the failure to conform to any such warranty after a reasonable number of attempts, Bizi will provide at its option either: (a) replacement equipment, product or service, or (b) a refund of the purchase price. These remedies are Customer's exclusive remedies for breach of warranty on our Products. Notwithstanding the foregoing, Bizi product codes beginning with "BVC" (Bizi Value Center) are sold "AS IS" as open box items, are not warranted by us and are not returnable to us for any reason. BVC PRODUCTS HAVE BEEN PREVIOUSLY OPENED AND/OR THE BOX HAS BEEN DAMAGED. BVC PRODUCTS ARE NEITHER OFFERED NOR SOLD AS "NEW" PRODUCTS. MANUFACTURER WARRANTY, IF ANY APPLIES, WILL PROVIDE SOLE COVERAGE FOR BVC PRODUCTS. Any action for breach of warranty must be commenced within two months following expiration of the applicable warranty. Bizi does not guarantee product compatibility. Defective and DOA (dead on arrival) product must be reported to Customer Service within 21 calendar days of the invoice date. All order discrepancies (shortages, mislabeled product, damaged product or overages) must be reported to Customer Service within five business days after receipt of the shipment. All non-defective returns must be reported to Customer Service within five business days after receipt of the shipment. Not all products are eligible for return, and not all products that are eligible for return are to be returned to us. Carefully review all return policies (below) before making your purchase. Shipping charges are not refundable.
13. Negation of Warranty. Bizi does not warrant (a) product, components or parts not produced by Bizi, (b) defects caused by failure to provide suitable installation or application environment for the equipment, (c) damage caused by use of the equipment for purposes other than those for which they were intended, (d) damage caused by disaster such as fire, flood, wind and lightning, (e) damage during shipment, (f) damage caused by unauthorized modification or improper installation of the equipment, or (g) any other abuse or misuse by Customer. No agent or employee of Bizi or any other party is authorized to make any warranty in addition to those made in this Agreement.
14. Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND Bizi HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
15. Limitation of Liability. Except for loss, damage and expense caused by gross negligence or intentional misconduct, neither party shall be liable to the other party for any indirect, special or consequential damages (including loss of profits) arising out of this Agreement, regardless of the form of action or theory of relief. Any liability arising under this Agreement is limited to the total fees and authorized costs received by us for services rendered pursuant to this Agreement. Further, no action, whether for indemnification or otherwise, regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one (1) year after the damage, loss or expense occurred, except that an action for non-payment may be brought within one (1) year after the date of last payment. Except as otherwise provided herein, Bizi is not liable for any claim made by a third party or made by Customer for a third party.
16. Termination. Bizi or Customer may terminate any order made pursuant to this Agreement with or without cause upon five (5) business days prior written notice to the other party. Termination shall not relieve Customer's duty to pay for equipment actually shipped, services actually performed or expenses incurred by us pursuant to this Agreement.
17. Confidential and Trade Secret Information. Neither party to this Agreement will use or disclose to any third party any confidential or proprietary information of the other party, including but not limited to, trade secrets, software applications, technology, know-how, business practices, and pricing information and any and all other documents marked confidential or proprietary, without prior written consent of the discloser thereof. Bizi, at its election, may make available to Customer a customized website containing confidential Customer account information for the purpose of allowing Customer to purchase products and services for its own account (a "Custom Landing Page"). Customer will be responsible for providing, at its cost, all equipment necessary to gain access to the Custom Landing Page. The content and format of the Custom Landing Page are subject to change at any time and without prior notice. Such content and format changes may include, but are not limited to, changes in screens, changes in search process, changes in information provided by third parties and changes in format of the information displayed. Access to the Custom Landing Page is subject to interruptions at Bizi's discretion or as may be caused by communications carriers or other third parties. Entry on to and use of the Custom Landing Page is through a combination of an ID and a password, which will not be effective until activated by us. Customer agrees that the information displayed on the Custom Landing Page is confidential and agrees to keep its ID and password confidential, to restrict disclosure to those of its employees with a need to know the ID and password (authorized parties), not to permit or accept any benefit or information from access to the Custom Landing Page by unauthorized parties and to report immediately to Bizi any loss, theft or unauthorized disclosure or use of its ID and password. Unless and until Bizi receives notification in writing of a breach of security, Customer will remain liable for any unauthorized use of the Custom Landing Page using Customer's ID and password. Unauthorized access to the Custom Landing Page is a breach of this Agreement and may be a violation of local, state and federal law. Bizi will have the right to deny access to the Custom Landing Page, to cease provision of any Custom Landing Page or to terminate this Agreement, at Bizi's option, immediately and at any time for a breach of this Agreement by Customer, including, but not limited to, security breaches and disclosure of confidential or proprietary information.
18. Intellectual Property Rights. We shall own all right, title and interest in any preexisting intellectual property used in carrying out the services hereunder or developed or created solely by Insight, even if such intellectual property is developed solely to implement the services hereunder. No license to such Bizi intellectual property is granted hereunder. For the avoidance of doubt, Bizi shall own all right, title and interest in the diagnostic materials and maintenance tools used or furnished by us.
19. Non-Solicitation and Non-Hire. Both parties agree that during the time that Bizi is rendering services under the terms of this Agreement and for a one-year period following the cessation of such services, neither party will, directly or indirectly, solicit for hire, or hire, any current or former employee or consultant employed by or hired by the other party.
20. Nature of Relationship. Bizi is acting as an independent contractor to Customer. No personnel employed or engaged by us to perform the services for Customer will be considered Customer's employees, agents, partners, joint venture partners, or franchisor. Each party to this Agreement agrees to comply with all applicable laws, rules, and ordinances.
21. Insurance. Bizi shall carry adequate insurance coverage to provide Workers compensation insurance as required by applicable state law; employer's liability insurance with limits of at least $300,000 per occurrence; comprehensive automobile liability insurance with limits of at least $1,000,000; and comprehensive general liability insurance with limits of at least $1,000,000.
22. Governing Law and Venue. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW RULES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. ANY ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISIONS OF, OR BASED ON ANY SUIT ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT AGAINST ANY OF THE PARTIES IN A COURT OF COMPETENT JURISIDICTION. NOTWITHSTANDING THE FOREGOING, CUSTOMER HEREBY AGREES THAT BIZI MAY BRING ANY ACTION, PROCEEDING OR SUIT RESULTING FROM CUSTOMER'S NON-PAYMENT IN THE COURTS LOCATED IN ALAMEDA COUNTY, CALIFORNIA, AND CUSTOMER HEREBY CONSENTS TO SUCH COURTS' JURISIDICTION.
23. Other. The terms, conditions and prices contained in any quote from Bizi are subject to change until such time as Customer accepts the quote, furnishes payment or an obligation to pay that is satisfactory to Bizi's Credit Department, and thereby converts or directs the conversion of the quote to an order. Bizi shall have no obligation to honor any quotes until they are so accepted and converted. Travel expenses, sales tax and freight and delivery are not included in this Agreement and, where applicable to services and products purchased by Customer hereunder, will be the responsibility of the Customer. This Agreement is subject to credit approval by us. The Customer will provide appropriate credit references upon request and authorize to obtain credit history from such references. If Customer claims exemption from sales tax, an exemption certificate will be provided to us prior to conversion of any order to which such exemption applies. Copyrights and Trademarks Copyright © 2005-2007 Bizi Electronics L.L.C. and subsidiaries. All rights reserved. All trade names and trademarks are the properties of their respective owners. The Intel Inside Logo, Intel, Pentium, and OverDrive are trademarks or registered trademarks of Intel Corporation.
Bizi Return Policy (last revised March 09, 2007): A. Return Policies Bizi Policies: You may return products that are purchased directly from us for a credit or refund of the purchase price paid, less shipping, handling and applicable restocking fees. Any return must be within the applicable return policy period and other requirements below. If you fail to return a product within the return period, then the product is considered accepted and not returnable.
Manufacturer and Publisher Policies: Most products sold by us are subject to a manufacturers' warranty. Please refer to the manufacturer or publisher's website or contact them for further assistance. If a situation extends beyond the manufacturer or publisher's service centers ability to resolve, contact an Bizi Account Executive or Bizi's Client Services for further guidance. Generally, products re-sold by us are subject to the manufacturers' or publishers' warranty that may change based on their requirements. Most manufacturers offer a one year warranty on all new hardware. Some manufacturers and publishers, however, disallow returns. The following manufacturers of hardware (not all inclusive) are not returnable: Cisco, HPQ, IBM, APC, Lenovo & Sony. The following publishers of software (not all inclusive) are not returnable: Citrix, IBM Software, Surf Control & Borland.
Damaged Products: Refuse all damaged products upon original delivery attempt. If damaged products are accepted from the carrier, then note the damage on the carrier delivery record. Save the product and the original box and packaging. Contact Bizi's Client Services within 5 days after receipt of shipment to arrange for a carrier inspection and a pick up of damaged products. Receipt of this information is necessary for Bizi to file a damage claim with the freight carrier.
Order Discrepancies: Contact our Client Services within 5 days after receipt of shipment for all order discrepancies (shortages, mislabeled product or overages).
Defective/Dead on Arrival (DOA): Report DOAs to Bizi's Client Services within 10 days after receipt of the shipment. Some manufacturers and publishers require DOAs to be handled directly with the manufacturer and in those cases Bizi's Client Services will provide the contact information. All DOA returns must be 100% complete, contain ALL original boxes and packing material, have original UPC codes on the manufacturers packaging, contain all blank warranty cards, accessories and documentation provided by the manufacturer. Incomplete DOA returns will be subject to a minimum 50% restocking fee.
Hardware: Unless you have a separate written agreement with us, all hardware, accessories, peripherals, and parts may be returned if the packaging is unopened and still in its sealed package and returned within 30 days (if permitted by the manufacturer's return policy) from the date on the packing slip or invoice, whichever is sooner.
Software: Unless you have a separate written agreement with us, all software may be returned if the packaging is unopened and still in its sealed package or if the software was delivered electronically, has not be downloaded and returned within 30 days (if permitted by the publisher's return policy) from the date on the packing slip or invoice, whichever is sooner. There are no returns accepted for any software that has been opened or for multiple software licenses, unless the publisher authorizes the return.
Non Returnable Product: Please note the following products cannot be returned: • Discontinued items • Special order items • Items for which manufacturers will not accept returns • Custom configurations of systems • Open units, units which require re-boxing • Units in an unsuitable resale condition • Closeout, remanufactured and refurbished products
B. Return Process All returns must have an Bizi return material authorization (RMA) number. If the return meets the manufacturer or publisher's guidelines, you can obtain a RMA number by contacting Bizi below: • Bizi's Client Services at 1-510-300-4304 or by E-mail: Returns@bizielectronics.com. Please have the following information on hand: Client name, invoice number, serial number (can be found on invoice), the nature of the problem and whether the packaging has been opened or is manufacturer sealed. Bizi Client Services business hours are 6:00 a.m. to 5:00 p.m. Pacific Standard time (California). • Submit an online request for an RMA number. Once the RMA is issued, please note the following: • RMA numbers issued by us are good for 15 business days only and product must be received by the warehouse indicated by us within that time. RMA numbers cannot be extended or re-issued. • Clearly mark each address label of each package being returned with the RMA number. DO NOT WRITE ON THE MANUFACTURERS BOX. We strongly recommends using a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring return shipments. • All returns MUST be 100% complete, contain ALL original boxes and packing material, have original UPC codes on the manufacturers boxes, contain all blank warranty cards, accessories and documentation provided by the manufacturer. Incomplete returns may be returned to sender or subject to a minimum 35% restocking fee.
