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| Batesias
Inc.
Policies and Warranty Statement |
| PLEASE READ THIS
DOCUMENT CAREFULLY! |
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES
FROM Batesias Inc.. THEY CONTAIN VERY IMPORTANT INFORMATION
ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS
AND EXCLUSIONS THAT APPLY TO YOU.
By accepting delivery of any product delivered from Batesias
Inc. ("Batesias Inc."), you ("Customer")
agree to be bound by the terms and conditions listed below.
You and Batesias Inc. agree that the following terms and conditions
are the exclusive terms governing the sales transaction between
Customer and Batesias Inc.. Any attempt to alter, supplement,
modify or amend these terms and conditions by the Customer will
be considered a material alteration of this agreement and, therefore,
are null and void. In addition, these terms and conditions are
subject to change at any time, without prior written notice.
Therefore, please check these terms and conditions carefully
each time you place an order with or accept delivery of any
goods from Batesias Inc.
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| 1. Batesias Inc.
REFUND GUARANTEE |
Batesias Inc. offers our customers a 30-day satisfaction replacement
or refund guarantee on all purchases, with strict adherence
to the following: To take advantage
of Batesias Inc.'s return guarantee policy, Customer agrees
to comply with Batesias Inc.'s Product Return Procedure a
set forth below. Any breach of Batesias Inc.'s Return Policy
Procedure will result in the loss of Batesias Inc.'s replacement/return
guarantee. Furthermore, all return shipments not in compliance
with these instructions will be rejected.
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| Product Return Procedure:
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- To return a product based upon Batesias
Inc.'s replacement/return guarantee, you must call or e-mail
our Returns Department and obtain a Return Merchandise Authorization
("RMA") number within the guarantee return period
for the product (described above). Batesias Inc. will not
accept returns without prior authorization and an RMA number.
Once issued, RMA numbers are valid for 15 days within which
return products must be received by Batesias Inc.. RMA numbers
will not be extended or reissued. Customer should prominently
display the RMA number(s) on the shipping label of boxes
containing the returned product.
- Customer is solely responsible for shipping
any returned product to Batesias Inc.. Customer agrees to
use only reputable carriers capable of providing proof of
delivery and insurance for the entire value of the shipment.
Customer agrees to bear all shipping charges and all risk
of loss for the return product during shipment. Customer
agrees that all returned products will be 100% complete,
in re-saleable condition, and will include the original
packaging material, manuals, blank warranty cards, and other
accessories provided by the manufacturer. If any component
of the returned product is missing, Batesias Inc.'s Return
Procedure will be breached and Batesias Inc. will reject
the entire return or may choose to impose additional charges
against the customer for replacement of the missing component.
- Batesias Inc. will not refund to Customer
the original shipping charges. In addition, Batesias Inc.
will assess a 15% restocking fee against the Customer's
account on all non-defective returns for refund.
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| 2. WARRANTIES |
The products sold by Batesias Inc. are manufactured by Batesias
Inc. exclusively. All Batesias products are covered by their
respective warranty as set forth by Batesias Inc.. Batesias
Inc. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT
TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Batesias
Inc. DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AS
TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE.
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| 3. PIXEL COMPLIANCE
POLICY |
Batesias is committed to customer satisfaction by providing
the highest quality products in the industry. The result is
that our LCD displays generally have very few non performing
pixels. For example, an 18î SXGA (1280 x 1024) display
has nearly 4 million sub-pixels. A product exhibiting 7 non-performing
pixels would equate to an extremely small 0.00018 percent of
the total sub-pixels. (1280 Horizontal Pixels) * (1024 Vertical
Pixels) * (3 sub pixels per pixel) = 3,932,160 sub-pixels. [(7
non performing pixels) / (3,932,160 sub-pixels)] * 100% = 0.00018%
To ensure the highest performing displays, Batesias sets limits
as to the allowable number of pixel anomalies. Batesias has
adopted the following pixel anomalies. Batesias has adopted
the following pixel criteria to supplement our existing three-year
limited warranty. This policy applies to all Batesias LCD displays
during the warranty period. Batesias sets limits on 14î-15î
LCDis at 4 bright sub-pixels, 4 dark sub-pixels, or a combination
of 4. Batesias sets limits on 17î-19î LCDis at 7
bright sub-pixels, 7 dark sub-pixels, or a combination of 7.
Batesias sets limits on 20î & greater LCDis at 10
bright sub-pixels, 10 dark sub-pixels, or a combination of 10.
It is possible that any replacement display may also have some
non-performing sub-pixels. This should be considered when requesting
a warranty exchange.
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| 4. YEAR 2000 POLICY |
Customer's only recourse for any "Year 2000" issue
is as against the applicable manufacturer under its manufacturer
warranty. Please contact the manufacturer to determine warranty
coverage for "Year 2000" compliance problems. Batesias
Inc. DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO "YEAR 2000" COMPLIANCE OF
ANY PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTIBILITY AND FITNESS FOR A PARICULAR PURPOSE. THE
RETURN POLICY OUTLINED ABOVE DOES NOT APPLY TO "YEAR 2000"
COMPLIANCE PROBLEMS.
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| 5. LIMITATION OF
LIABILITY |
IN ALL CIRCUMSTANCES Batesias Inc.'S MAXIMUM LIABILITY
IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Batesias
Inc. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM
OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER
CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS
LIABILITY LIMIT. Batesias Inc. SHALL NOT BE LIABLE FOR THIRD
PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION,
DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE
TO EXEMPLARY DAMAGES, WHETHER OR NOT Batesias Inc. IS APPRISED
OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
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| 6. GENERAL TERMS
AND CONDITIONS |
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Payment Terms; Orders: An order is not binding upon
Batesias Inc. until it is accepted; Batesias Inc. must receive
payment before it will accept an order. Payment for product(s)
ordered is due prior to shipment. Customer can make payment
by credit card, wire transfer, or some other method prearranged
with Batesias Inc.. You agree to pay the amount(s) due as
specified on the invoice, and you agree to pay interest on
all past-due sums at a rate of 1.5% per month or the highest
rate allowed by law, whichever is greater.
Shipping Charges: Your total
cost for purchase of any product will include shipping and
handling charges shown on the Batesias Inc. invoice.
Price Protection: Our website
is updated frequently to ensure that you'll view the latest
products and pricing available, and that you receive all of
the latest savings. At the time you make a purchase you agree
to the listed price. We are unable to make a price adjustment
after an order has shipped. However, if you notify Batesias
Inc. prior to the shipment of your order, we would be happy
to make the price adjustment for you.
Title; Risk of Loss: Batesias
Inc. will arrange for shipment of ordered product(s) to the
Customer, Free On Board (F.O.B.) shipping point, meaning title
to the product(s) -- excepting software-- and risk of loss
passes to the Customer upon delivery to the carrier. Batesias
Inc. reserves a purchase money security interest in the product(s)
until its receipt of the full amount due. Customer agrees
to allow Batesias Inc. to sign appropriate documents on Customer's
behalf to permit Batesias Inc. to protect its purchase money
security interest. Title to software will remain with the
licensor(s). All software is provided subject to the license
agreement of the software maker. Customer agrees to be bound
by any software license agreement once the seal on the package
is broken. Batesias Inc. will advise Customer of estimated
shipping dates, but Batesias Inc. will, under no circumstances,
be responsible for delays in delivery, and associated damages,
due to events beyond its reasonable control, including without
limitation, acts of God or public enemy, acts of federal,
state or local government, fire, floods, civil disobedience,
strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions
or the sales transaction between Batesias Inc. and Customer
shall be governed by the laws of the State of California,
without regard to its conflicts of law rules. Specifically,
the validity, interpretation, and performance of this agreement
shall not be governed by the United Nations Convention on
the International Sale of Goods. Batesias Inc. and Customer
consent to the exclusive jurisdiction and the venue of the
State Courts of the State of California, Los Angeles County,
to resolve any dispute between them related hereto, and the
parities waive all rights to contest this exclusive jurisdiction
and venue of such Courts. Finally, the Customer also agree
not to bring any legal action, based upon any legal theory
including contract, tort, equity or otherwise, against Batesias
Inc. that is more than one year after the date of the applicable
invoice.
Severability: If any provision
contained in this agreement is or becomes invalid, illegal,
or unenforceable in whole or in part, such invalidity, illegality,
or unenforceability shall not affect the remaining provisions
and portions of this agreement, and the invalid, illegal,
or unenforceable provision shall be deemed modified so as
to have the most similar result that is valid and enforceable
under applicable California law.
Waiver: The failure of either
party to require performance by the other party of any provision
of this agreement shall not affect in any way the first party's
right to require such performance at any time thereafter.
Any waiver by either party of a breach of any provision in
this agreement shall not be taken or held by the other party
to be a continuing waiver of that provision unless such waiver
is made in writing.
Entire Agreement: These terms
and conditions, together with the Batesias Inc.'s invoice
respecting the products ordered by Customer, are the complete
and exclusive agreement between Batesias Inc. and Customer,
and they supersede all prior or contemporaneous proposals,
oral or written, understandings, representations, conditions,
warranties, and all other communications between Batesias
Inc. and Customer relating to the subject products. This agreement
may not be explained or supplemented by any prior course of
dealings or trade by custom or usage.
1 Refurbished products are products that contain
components that have been owned by other clients and returned
to Batesias Inc.. |
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