Terms and Conditions of Sale
All BluTran hardware components come with a carry-in warranty for a period of one year from the date of sale subject to the following terms and conditions:
- Order Processing:
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- All orders are processed as soon as the confirmed purchase order has been verified.
- All orders are subject to credit verification and product availability at the time of purchase. We do not guarantee the item to be in-stock at any time for a quantity of more than 1500 pieces.
- Returned Merchandise:
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- All claims for shortage, damage, shipment error or incompatibility must be made within seven (7) calendar days of the delivery date.
- All returns for replacement made after the thirty (30) calendar day period has expired will be honored so long as the item is still covered under warranty and a compatible module is available.
- No returns will be accepted without a valid reason of return (, damage, shipment error or incompatibility). Products must be packed securely and be returned to the Seller undamaged, with Buyer being solely responsible for paying all return freight costs unless otherwise agreed to in writing.
- Buyer will pay all return freight charges using a major courrier service with tracking and insurance. Seller is not obligated to pay or reimburse Buyer for any freight charges. Seller will not issue a call tag or pay any freight charges for DOA or defective merchandise unless otherwise agreed to in writing.
- Returns sent COD will be REFUSED.
- Customer acknowledges that it is his responsibility to provide a correct and complete shipping address for his order (including name, street address, apartment number, unit number, company name, etc.). If there is any incorrect information provided that causes a refused shipment by the carrier, then the customer will be charged a Rs.500.00 fee for extra processing and/or re-shipment of his order.
- Warranties:
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- All hardware modules have a one year carry-in warranty of manufacturers defects unless otherwise noted. The merchandise will be either replaced or repaired at the discretion of the Buyer.
- No warranty by the Seller will be covered on any merchandise which has been modified, altered or damaged by the Buyer. Merchandise that is defective due to misuse, neglect, or improper installation is not covered under the warranty. Seller is not responsible for any damages incurred to Buyer's equipment and/or loss of data or use resulting from improper installation.
- All warranties begin from the date of invoice.
- No Seller employee, agent, or dealer is authorized to make any modification, extension, or addition to the warranty.
- Repaired or replacement merchandise will be shipped within a period of 10 calendar days from the date of receipt of the merchandise to be replaced.
What is not covered?
- This Limited Warranty does not cover user manuals, accessories* or any third party software, settings, content, data or links, whether included or downloaded in the Product, whether included during installment, assembly, shipping or at any other time in the delivery chain or otherwise and in any way acquired by you. Ninth Bit does not warrant that any Nith Bit software will meet your requirements, will work in combination with any hardware or software provided by a third party, that the operation of any software will be uninterrupted or error free or that any defects in the software are correctable or will be corrected.
- This Limited Warranty does not cover a) normal wear and tear b) defects caused by rough handling (including, without limitation, defects caused by sharp items, by bending, compressing or dropping, etc.), or c) defects or damage caused by misuse of the Product, including use that is contrary to the instructions provided by Ninth Bit (e.g. as set out in the Product’s user guide) d) transport costs and/or e) other acts beyond the reasonable control of Ninth Bit.
- This Limited Warranty does not cover defects or alleged defects caused by the fact that the Product was used with, or connected to, any product, accessory, software and/or service not compatible with Ninth Bit or was used otherwise than for its intended use. Defects can be caused by viruses from your or from a third party’s unauthorised access to services, other accounts, computer systems or networks. This unauthorised access can take place through hacking, password mining or through a variety of other means.
- This Limited Warranty is not enforceable if the Product has been opened, modified or repaired by anyone other than an authorized service centre, if it is repaired using unauthorized spare parts, and this shall be determined in the sole discretion of Ninth Bit.
- This Limited Warranty is not enforceable if the Product has been exposed to moisture, to dampness or to extreme thermal or environmental conditions or to rapid changes in such conditions, to corrosion, to oxidation, to spillage of food or liquid or to influence from chemical products.
- Refusals:
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- Buyer may be subject to no less than a twenty five percent (25%) restocking fee, shipping charges, and any losses incurred by Seller if a package is refused by the Buyer without prior authorization from the Seller.
- Shipping Limitations / Delays:
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- All shipping dates are approximate and are based upon current availability of materials and prompt receipt of all necessary information. The Seller will not be liable for any damage, loss, fault or expenses arising out of delays in shipment or other non-performance of this Agreement caused by or imposed by (1) strikes, fires, disasters, riots, acts of God; (2) acts of Buyer; (3) governmental action; or (4) any other cause or condition beyond the Seller's reasonable control in the event of any such delay or non-performance.
- Total Ship Time = Availability Time + Delivery Method Ship Time. Choosing next day or second day air does not mean Buyer's order will be delivered in 1 or 2 days from the time order is placed online. Shipping time is calculated as an estimate AFTER the order has been shipped out of our warehouse.
- Ninth Bit does not provide any assurances or guarantees on the delivery date or time and is responsible only for shipping the merchandise within the time period governed by the contract.
- Shipment:
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- Buyer is responsible for all shipment, transport, octroi and reroute fees.
- Buyer is responsible for payment for any duplicate shipment if merchandise is not returned to Seller within ten (10) days.
- Orders may require a signature upon delivery; therefore a physical street address is required for all orders.
Shipment to PO Boxes and Freight Forwarders are not allowed.
- Limitation on Liability:
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- IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, INCOME OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, BREACH OF ANY OBLIGATION IMPOSED ON SELLER HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY PROGRAMS OR DATA STORED IN OR USED IN CONJUNCTION WITH ANY MERCHANDISE SOLD, THE COSTS ASSOCIATED WITH RECOVERING SUCH PROGRAMS OR DATA, OR ANY INCOMPATIBILITIES BETWEEN THE MERCHANDISE SOLD AND ANY HARDWARE OR SOFTWARE USED BY BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY EXPENSES INCURRED BY BUYER FOR ANY INSTALLATION DONE BY SOMEONE OTHER THAN SELLER. In no event shall the Seller's liability (whether under the theories of breach of contract or warranty, negligence or strict liability) exceed the purchased price paid for the goods.
- Payment:
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- All orders and contracts are subject to approval by the Seller's credit department. The Seller may, at any time, require payment in advance or satisfactory security that invoice will be paid when due. If Buyer fails to comply with any of the terms hereof, the Seller reserves the right to withhold further deliveries or terminate the agreement of sale with oral or written notice and any unpaid amount shall thereupon become due.
- Buyer authorizes the Seller to offset against any amount, which the Seller owes to Buyer, any amount that Buyer owes to the Seller. Until the purchase price and all other sums due pursuant hereto are paid in full, if Buyer defaults with respect to any payments described herein, he shall pay the Seller for all costs and expenses, including legal expenses and attorney's fees, incurred by the Seller in exercising any of his rights or remedies.
- All unpaid balances are subject to a two point five percent (2.5%) finance charge per month if not paid within the agreed terms.
- Validity:
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- The invalidity, in whole or in part, of any terms or conditions of this Invoice shall not affect the validity of any other terms or conditions.
- Complete Order:
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- This Invoice, which includes any supplemental documents attached hereto, sets forth the entire agreement, and supersedes all other oral or written provisions. THE PARTIES HEREBY AGREE THAT NO TRADE USAGE, PRIOR COURSE OF DEALING OR COURSE OF PERFORMANCE UNDER THIS AGREEMENT SHALL BE A PART OF THIS AGREEMENT OR SHALL BE USED IN THE INTERPRETATION OR CONSTRUCTION OF THIS AGREEMENT.