Customers often ask us for our general terms and conditions of doing business. They are listed below:
Businet’s Terms and Conditions.
Installation & Cabling: This is an estimate based on a time and materials rate. Depending upon the amount of time and materials required to complete the job, your bill may be either increased or decreased.
Communication Circuits: Businets does not provide/install communication circuits (i.e., DSL, T1, cable) that are provided by companies such as Verizon or Qwest. Delays and incorrect information provided by such third-party companies are not the responsibility of Businets. Additional labor incurred as a result of such delays shall be billed at our standard networking rate.
Cancellation of Sale: Once a customer approves a sale and the item(s) is ordered, a restocking fee, administrative fee, and/or return-shipping fee may be applied at the discretion of Businets, Inc. (Businets) for all returned items.
All purchases from Businets carry a manufacturers warranty. Customer may facilitate the warranty themselves at no charge, or pay Businets to facilitate the warranty for them. Re-installation of Parts/hardware/operating systems/data copy/any customization are all billable and not covered under any warranty.
Software/Hardware Incompatibilities: NO SOFTWARE RETURNS/REFUNDS. Businets shall not be responsible for software/hardware incompatibilities. Businets will work with software/hardware providers to remedy such incompatibilities on a time and materials basis, at Businets’ standard service rates.
Unknown or Concealed Conditions: If unknown or concealed conditions affect Businets’ ability to perform as contracted, Businets will promptly notify the customer. The contract price will be adjusted for such unknown or concealed conditions by additional material or labor.
Payment: Shipment by Businets of the products or provision by Businets of the services listed on the front of this invoice is expressly made conditional upon Buyer’s assent, express or implied, to the terms and conditions set forth herein, without modification or addition.
Buyer’s acceptance of these terms and conditions is indicated by any of the following, whichever occurs first: (1) Buyer’s written acknowledgement hereof, (2) Buyer’s acceptance of any shipment or delivery of any part of the products specified for delivery or receipt of any services as indicated on the front page hereof, (3) Buyer’s failure to acknowledge or reject these terms and conditions in writing within five business days after delivery, or (4) any other act or expression of acceptance by Buyer. Any term, condition or proposal hereafter submitted by Buyer, whether oral or in writing which is inconsistent with or in addition to the terms and conditions set forth herein, is objected to and hereby is rejected by Seller. Seller’s silence or failure to respond to any such subsequent term, condition or proposal by Buyer shall not be deemed acceptance or approval by Seller thereof.
No Warranties: Buyer agrees to pay Seller (1) the prices specified on the front of this invoice and (2) any and all applicable federal, state, municipal and other governmental taxes (such as sales, use and similar taxes), as well as license fees and similar charges, however designated, levied on this sale or the products of the delivery thereof or measured by the purchase price hereunder. Exemption certificates must be presented prior to shipment to be honored.
Buyer agrees to pay Seller (1) immediately upon receipt of products if delivered at Seller’s office or (2) C.O.D. if delivered by carrier, unless otherwise agreed to in a separate writing by Seller. If payment is not made immediately upon receipt, including but not limited to payment by Buyer by an instrument which he has dishonored, Buyer is in default and Buyer agrees to pay interest on the outstanding balance at 1 ½% per month, beginning 30 days after the invoice date and continuing until this invoice plus any interest due are paid in full. If Buyer is in default, Buyer agrees to pay attorney’s fees which are hereby stipulated to be 33% of such outstanding balance, plus court costs, whether suit is filed or not. If Buyer remains in default, Seller may: (1) revoke any credit extended; delay or not make any future deliveries; repossess unpaid delivered products; terminate this agreement and sell or otherwise dispose of the products, or any one or more of these alternatives; and (2) Buyer will be liable for any deficiency balance; Buyer agrees to make the products available at a place Seller designates, and the Buyer and Guarantor(s) specifically authorize credit reporting agencies to provide information to the Seller at Buyer’s and Guarantor(s) expense to determine their location and to assist it in collecting the sums due hereunder.
Limitation of Liability:
Businets shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the services rendered or the products provided hereunder, including but not limited to damages for lost profits, loss of use, lost data or for any damages or sums paid by buyer to third parties, even if Businets has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
These terms and conditions, upon acceptance by Buyer, shall, along with any master sales contract executed by Buyer and Seller, constitute the final, complete and exclusive agreement of the parties. No other prior or contemporaneous agreement or understanding, written or otherwise shall contradict, modify, supplement or explain the terms and conditions contained herein. Any waiver by Seller of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults hereunder. It is the intention of the parties that this agreement shall be enforceable to the fullest possible extent, regardless of any partial invalidity of unenforceability, and that no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. This agreement shall be deemed made in, and shall be governed by, the laws of the Commonwealth of Virginia. The Buyer and Guarantor(s) hereby irrevocably agree to the resolution of all issues that arise in any manner under this agreement exclusively through the courts located in the City of Fredericksburg, Virginia.