BEXT CONDITIONS OF CONTRACT
1. Any goods (at your request) not collected/dispatched, shall be stored at your expense and risk. Such goods may be sold/disposed of without prejudice to our rights and/or remedies 30 days thereafter to cover the price and cost incurred thereby.
2. All invoices shall be dated immediately as the goods are ready for pick up, delivery or installation.
3. Delivery/completion shall be effected by agreement or any reasonable extension thereof, which shall not be of the essence and no claim(s) shall lie against BEXT Inc. for whatsoever and however caused save for negligence by BEXT Inc.
3. Each and every installment delivery shall be considered as a separate contract and shall be subject to full payment prior to any further deliveries.
5. Delivery shall be F.O.B. San Diego, California. Shipment to consignee’s chosen address and all carriage insurance shall be at consignee’s expense.
6. Any price increases affecting quoted price prior to delivery shall be implemented pro rata on total price.
7. All quoted prices at BEXT’s Inc. sole discretion are subject to change/variation by virtue of any condition beyond their control. The price shall not include packing costs for shipping purposes or any taxes, duties, or excise costs or transportation costs.
8. Any damage to the goods must be reported to carrier in writing on the shipping receipt. Any discrepancy or damage discovered subsequent to delivery shall be reported to BEXT Inc. within 5 days of Its receipt.
9. BEXT extends to the original end user purchaser all original manufacturers’ warranties which are not transferable and all claims are to be made directly to BEXT Inc. per indicated procedures.
10. All manufacturers’ warranties will be supported by BEXT Inc. to ensure precise & speedy service when possible.
11. BEXT Inc. shall not be liable for any damages of whatsoever nature arising out of or in connection with the product or its use thereof.
12. BEXT’s warranty shall not include:
a) Cost of reshipment of the unit to BEXT for repair purposes. b) Any unauthorized repairs/modifications.
b) Incidental/consequential damages as a result of any defect. d) Nominal non-incidental defects.
c) Reshipment costs or insurance of the unit or replacement units/parts.
13. Warranty shall commence of the invoice date and for the period of the manufacturer’s warranty.
14. To claim your rights under this warranty:
A. Contact the dealer or distributor from whom this product was purchased. Describe the problem and ask if they have an easy solution. Dealers and distributors are supplied with information on problems which may occur and usually can repair the unit more quickly than by going directly to the factory. It is also often true that errors in installation or use may be discovered by your dealer.
B. If your dealer cannot help, contact BEXT Inc. at (619) 239-8462 and explain the problem. If it is determined that the unit needs to be returned to the factory, BEXT will give you or mail you a return authorization with instructions.
C. When you receive the return authorization, you can return the unit. Pack the unit(s) carefully for shipment. Preferably, use the original packing materials and assume that the shipping carton will be dropped several times during the transportation process. We recommend the use of FedEx, UPS or similar freight services and would discourage the use of the postal system. The risk of loss is assumed by you (BEXT is not responsible for damage or loss) until the package is received at BEXT. We advise you to take out insurance for the full replacement value of the unit. Ship the unit PREPAID to the address specified by BEXT’s service manager on the return authorization. DO NOT RETURN UNITS WITHOUT A RETURN AUTHORIZATION, AS THEY WILL NOT BE ACCEPTED. Be sure to enclose a written descriptive statement of the problem experienced and a copy of your original invoice establishing the starting date of the warranty.
15. Terms shown on the front of invoice are from date of invoice and not contingent upon delivery. In the event buyer fails to fulfill the terms of payment hereunder, buyer promises to pay all costs and expenses of collection and reasonable attorneys’ fees incurred by BEXT Inc. on account of collection, whether or not suit is filed thereon. BEXT Inc. reserves the right to charge interest on all bills not paid at maturity.
16. As a condition of purchaser conducting business with BEXT Inc., the parties agree that should any dispute arise under such transaction for any reason, that venue and jurisdiction therefore shall be San Diego Superior Court, Central Court District or Municipal Court of the County of San Diego, San Diego Judicial District.
17. Interest shall accrue at the rate of 1.5% per month on all balances incurred for whatever reason remaining unpaid thirty (30) days from the date of invoice.
18. If buyer has consigned goods to BEXT Inc. for repair, buyer may lease replacement goods AS IS from BEXT Inc., if available. Buyer agrees that any and all of its goods in possession of BEXT Inc. for whatever purpose shall constitute retained security for the timely return of said rental goods as well as timely payment for repair services performed by BEXT Inc. BEXT Inc., at its option, may require a deposit paid for any rental goods leased to buyer. Said deposit may be used by BEXT Inc. as satisfaction of any amounts owed to it by buyer in the event of buyer’s failure to make any payment required in a timely fashion.