Business Systems Connection, Inc. - Terms & Conditions of Sale
Business Systems Connection, Inc. (www.bizsyscon.com and shop.bizsyscon.com) owns and operate this Website. This document governs your relationship with Business Systems Connection, Inc. including “www.bizsyscon.com” and “shop.bizsyscon.com” (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Business Systems Connection will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of “www.bizsyscon.com” and “shop.bizsyscon.com” or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by “www.bizsyscon.com” and “shop.bizsyscon.com” and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from common carrier or force majeure for which Business Systems Connection will not be responsible.
Payment Terms; Orders; Quotations
Terms of payment are determined at Business Systems Connection sole discretion based on the payment option you select, and payment must be received by Business Systems Connection prior to Business Systems Connection acceptance of your order. Payment shall be made by credit card (Visa, MasterCard, American Express), PayPal, or wire transfer, unless some other pre-arranged method of payment has been accepted by Business Systems Connection. You represent that your credit card usage follows all requirements of the credit card issuer. Any order is not binding unless accepted by Business Systems Connection. Accepted orders are subject to cancellation by Business Systems Connection at its sole discretion. Any quotation provided by Business Systems Connection will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for five days from date of quotation. Otherwise, Business Systems Connection’s standard pricing applies. Business Systems Connection is not responsible for pricing, typographical, or other errors in any offers and reserves the right to cancel any accepted orders resulting from such errors.
All sales are prepaid unless credit is approved prior to the transaction. For term customers, the term of payment begins from the date of invoice and not the receipt of goods. A finance charge will be applied each month on past due accounts computed at a rate of 1.5% per month of all outstanding balances owed.
(a) Our Contract
When you place an order on-line through our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment method to verify validity of transaction information and ensure there are sufficient funds to fulfill the transaction. If you are providing credit card or PayPal payment, your account will be debited upon authorization being received. The monies received upon the debiting of your account shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Business Systems Connection and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of products sold on this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Prices; Shipping and Handling Charges; Taxes; Additional Fees
Pricing for all Products are displayed online and applicable discounts are shown after logging into your account or provided to you by quotation from an authorized Business Systems Connection representative. All prices do not include charges for shipping and handling, for sales/use taxes, and for other government required fees, such as import/export taxes and tariffs; any such charges are additional. Separate charges will be shown on the order acknowledgment for each applicable order. Taxes will be charged for orders shipped to states in which Business Systems Connection is obligated to collect and report such sales. Business Systems Connection may charge additional fees for special handling such as special packaging, labeling, custom’s documents and drop-shipments. The minimum fee charged for additional handling is $5.00 USD.
Business Systems Connection sells products from reputable manufacturers under their respective brand and trade names. Limited product warranties are provided by the manufacturers and vary according to specific products purchased. Business Systems Connection makes no express or implied warranty as to such goods. Business Systems Connection may at its sole discretion assist you in obtaining warranty service from the manufacturer.
All products identified as “Refurbished”, “Used”, “New-Open-Box”, or “New-Overstock” include a 30-day warranty through Business Systems Connection from the date of purchase. Business Systems Connection will, at its option, repair, replace or refund the purchase price of items found to be defective within the following stated limitations.
The following conditions are not covered under our warranty
This warranty is applicable to the original registered Purchaser of the equipment from Business Systems Connection and is non-transferable.
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE GOODS PURCHASED HEREUNDER AND IS EXPRESSLY IN LIEU OF ANY WARRANTIES OR CONDITIONS OTHERWISE IMPLIED BY LAW INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE FOR LABOR, LOSS OF PRODUCT OR BUSINESS, SPECIAL OR CONSEQUENTIAL DAMAGE.
Title; Shipment; Shortages
Title and risk of loss pass to you upon shipment from Business Systems Connection’s dock of origin. This includes shipments sent directly to you from Business Systems Connection’s third-party distributors or manufacturers. You must notify Business Systems Connection within (3) three days after delivery receipt of any shortage claims or shipping errors. Failure to provide such notice of a claim will be deemed an acceptance in full of such delivery. Acceptance and approval of such claim is in the sole power and discretion of Business Systems Connection. Business Systems Connection shall not be liable for any shipping delays.
You agree to indemnify, defend and hold harmless Business Systems Connection, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Business Systems Connection shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Governing Law, Jurisdiction, and Our Agreement to Arbitrate
The sale and use of products purchased under this Agreement shall be governed by the laws of the State of Missouri excluding the conflict or choice of law provisions. You agree that venue and jurisdiction for all disputes will lie in St. Louis County, Missouri, United States. You agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise of any kind) between you and Business Systems Connection, its agents, employees, directors, and affiliates arising in relation to this Agreement and the products purchased hereunder shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator knowledgeable in Internet contracts. If any party prevails on a statutory claim that allow for the prevailing party to receive award of attorney’s fees, the arbitrator may award reasonable fees to the prevailing party.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Business Systems Connection. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Business Systems Connection.