BenQ America Terms and Conditions of Sale for
BenQ Products Excluding Jamboard
IMPORTANT! Your use of this site IS subject to these Terms
and Conditions of sale. PLEASE READ THIS DOCUMENT CAREFULLY. By
accessing and PLACING AN ORDER THROUGH THIS SITE, you agree to:
Your purchase activities at BENQ.COM are govern by (a) these Terms and
Conditions of Sale set forth herein below and (b) other conditions,
information, notice, contents and policy that are provided at this site or
obtained in connection with this site regardless through linkage or not
(“Additional Conditions”) ((a) and (b) are collectively referred hereinafter as
“the/this Agreement”). Such purchase activities include any order,
purchase, receipt, delivery or use of any product from BENQ.COM. When
appropriate, these Terms and Conditions of Sale shall supersede, any
conflicting or inconsistent Additional Conditions. Further, the terms and
conditions of this Agreement are subject to change at any time without prior
notice.
TERMS AND CONDITIONS
1. No Alteration or Supplement. All
purchase orders are exclusively govern 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 shall have any effect, unless approved in
writing by BenQ.
2. Orders. Orders are not
binding upon BenQ 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 or phone based on
the contact information you provided, or requesting further identification or
credit information from you. Notification of rejection shall be notified 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 requested by you through BENQ.COM.
All products ordered from BENQ.COM 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 addresses
outside US or military base addresses or PO Boxes shall be accepted.
3. Prices and Payment Terms.
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 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.COM
selling price.) Payment for the products may be made by credit card unless BenQ
has agreed to other payment method. Payment must be received by BenQ prior to
acceptance of your order. By submitting your order for processing, you
authorize BenQ to charge your order (including taxes, shipping, handling and
any amounts described on BENQ.COM before order submission) to your card. If
your card cannot be verified, is invalid, or is not otherwise acceptable, your
order may be suspended or canceled automatically. You agree to update your card
information to keep it current at all times and without waiver of any rights,
we may submit charges for processing even if your card has expired. You must
resolve any problem that may arise with payment for your order. Furthermore, by
using your credit cards or similar payment method, you give your consent to
BenQ America Corp. to use the information you provide to verify and process
your purchase transaction through BenQ’s designated third party service
providers and for recording keeping related thereto.
4. Promotions. No
promotion (e.g., special price discount) is offered by BENQ.COM unless the
promotion explicitly provides it. You also agree to comply with all terms and
conditions of any promotion, such as quantity and other restrictions or time
limits that could expire during your visit to BENQ.COM.
5. Shipment and Taxes. BenQ shall
arrange to ship the products to you in accordance with the BENQ.COM shipping
policy and separate charges for shipping and/or handling shall be shown on
the invoice(s). Shipping and handling charges may or may not reflect
actual costs and may be amended by BenQ from time to time. Subject
to applicable law, BenQ reserves the right to deliver items acquired as part of
your order at different times in the event that they are not available for the
shipment at the same time. You must notify BenQ of any damaged or missing items
from your order within 30 days after you receive your products. You are
responsible for paying all taxes associated with your order, except for BenQ's
income. Prior to submitting your order, you shall have the opportunity to review
product prices and any applicable sales tax, shipping and handling charges.
BenQ is required by law to collect sales taxes for orders shipped to certain
states and in other states, you may be responsible for paying sales tax in your
state, county, or municipality. When applicable, a separate charge for
taxes shall be shown on the invoice.
6. Title; Risk of Loss. Title
to products passes from BenQ to you when BenQ delivers them to the shipper and
risk of loss passes to you when the shipper delivers products to the address
you designate. Title to software shall remain with BenQ or the applicable
licensor(s).
7. Warranties. All sales are
govern by the BenQ End User Limited Warranty (for refurbished products, the
limited warranty period is described in Refurbished Product Limited
Warranty.) BENQ MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN BENQ'S
APPLICABLE END USER LIMITED WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE
INVOICE. BENQ END USER LIMITED WARRANTY (FOR NEW OR REFURBISHED PRODUCTS)
DOES NOT COVER NON-BENQ BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO
NON-BENQ BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.
BenQ’s Limited End User Warranty (for new or refurbished products) is limited
to the terms and conditions in it and excludes any statements made on the packaging
or in manuals and other documentation and you agree that those are provide and shall
be accepted by you for informational and instructional purposes only and not as
warranties.
8. Software. All software is
provided subject to the license agreement that is part of the package. You
agree that you shall be bound by the license agreement once the package is
opened or its seal is broken. BenQ does not warrant any software under this
Agreement. Warranties, if any, for the software are contained in the license
agreement.
9. Order Cancellation or
Modification. If an order is processed in error, contact BENQ.COM’s
customer service immediately at 1-866-600-2367 for instructions. On a case by case basis and at BenQ’s sole
discretion, BenQ may accept an order cancellation/modification request prior to
the shipment of the products originally ordered.
10. Return Policies. BenQ-branded
products that are purchased directly from BENQ.COM by you may be returned in
accordance with BenQ Return/Replacement Policy in effect on the date of the
invoice. If for any reason you are not satisfied with your BenQ-branded NEW
products you may return it within 30 days from its day of receipt by following
the procedures set forth in BenQ Return/Replacement Policy. For refurbished products, you may return it within 14 days from the date the product is received.
For a return
for refund, BenQ shall refund the original purchase price (invoice price) of
products and related sales taxes within 3 to 5 business days after processing
and inspection. SHIPPING & HANDLING FEES ARE NOT REFUNDABLE.
Returned products must be in the same conditions as you received them. THIS RETURN
POLICY IS NOT A WARRANTY. BenQ shall not accept for return of any products not
purchased from BENQ.COM directly.
11. Products. BenQ
continually upgrades and revises its products offerings to provide BenQ
customers with new products offerings. BenQ may revise and discontinue products
at any time without prior notice to customers. BenQ shall ship products that
have the functionality and performance of the products ordered, but changes
between what is shipped and what is described in a specification sheet or
catalog are possible.
12. Limitation of Liability. BENQ SHALL
NOT BE LIABLE BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT, INCLUDING WITHOUT
LIMIRATION, LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE, OR LOSS OF THE PROVISION OF ANY SERVICES AND/OR
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 FOR SUCH
PRODUCT. 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
PRODUCT, 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.)
13. Your Representations & Warranties;
Not For Resale or Export. You represent and warrant for the benefit of
BenQ that: (a) you are at least 18 years of age; (b) you possess the legal
right and ability to enter into this Agreement and make the credit card charge
on your own behalf or on behalf of any person for whom you are acting as agent
and/or that you are authorized to use the password required for BENQ.COM; (c)
all information that you submit to us is true, accurate and current and (d) the
products purchased from BENQ.COM are for own use only and not for resale or
export.
14. Binding Arbitration.
YOU AND BENQ AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST
the other, its agents, employees, successors, assigns or affiliates (or family
members or beneficiaries, if applicable), arising from or relating to this
Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Agreement, BenQ's advertising, or any matter
related or arising from the purchase of any BenQ-branded product SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY AMERICAN
ARBITRATION ASSOCIATION under its rules in effect (information available via
the https://www.adr.org/consumer). The arbitration shall be conducted before a
single arbitrator and shall be limited solely to the dispute or controversy
between you and BenQ. You and BenQ agree that the arbitration shall be
held at any reasonable location which shall be 60 miles or less from the
initial respondent’s principle office or main residence by submission of
documents. Any award of the arbitrator(s) shall be final and binding on
each of the parties, and may be entered as a judgment in any court of competent
jurisdiction. You understand that, in the absence of this provision, you would
have had a right to litigate disputes through a court, including the right to
litigate claims on a class-wide or class-action basis, and that you have
expressly and knowingly waived those rights and agreed to resolve any disputes
through binding arbitration in accordance with the provisions of this
paragraph.
15. Technical Support. Technical
support assistance is available to you through the BenQ Technical Support
Division at 1-866-600-2367 or via email at BenQSupport.US@BenQ.com in accordance with the then-current technical support policies in
effect, which may vary from product to product.
16. Governing Law and Attorney
Fees. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY
THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. 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
shall be reimbursed by the other party.
17. Force Majeure.
Neither you nor BenQ shall 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.
18. Electronic Notices; Relating
to Transaction. Purchase through BENQ.COM 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. You also agree to contact BenQ for order
information such as order status or shipping delays electronically (or by other
means if electronical communication is not available) 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.
19. General and Language. You may
not assign this Agreement without BenQ’s prior written consent. If any
terms of this Agreement is unenforceable, the enforceability of the remaining
provisions shall not be affected or impaired. 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.
20. 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.
