Terms – Biznuity

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Terms & Conditions

This standard Terms and Conditions Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery, or use of any products or services from Biznuity, LLC or any of its subsidiaries or affiliates (collectively “Biznuity”). Any attempt to alter, supplement, or amend this document or to enter an order for product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Biznuity. These terms and conditions are subject to change without notice, at Biznuity’s sole discretion.

If you do not wish to be bound to the terms and conditions of this Agreement, you must notify Biznuity immediately and return your purchase pursuant to Biznuity’s return policy.

1. Definition

a. “We”, “us” and/or “our” means Biznuity, LLC.
b. “You” or “your” means the individual or entity named on the invoice.

2. Payment Terms, Orders, Quotations

Advertised prices are in US dollars and, unless otherwise noted, exclude shipping, handling, and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Unless otherwise agreed to by Biznuity, your payment must be received by us before your order is accepted by us. Until such acceptance, your order is not binding on us, and any price quotation from Biznuity is subject to change without notice. We reserve the right to reject or cancel any order at our sole discretion. We reserve the right to prosecute to the fullest extent of the law fraud including, but not limited to, credit card and check fraud. Biznuity is not responsible for pricing, typographical, or other errors and reserves the right to cancel any orders resulting from such errors.

3. Shipping Charges, Taxes, Title, Risk of Loss

Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Shipping dates are only estimates. Loss or damage that occurs during shipping from Biznuity facilities to you by a carrier selected by Biznuity is our responsibility. Title to the product(s) passes to you when Biznuity delivers it to the carrier and risk of loss passes to you when the carrier delivers the product(s) to the address you designate. If you receive a shipment containing a product(s) that was damaged, or if you receive a shipment containing less than all products you ordered, you must contact Biznuity with a claim within five (5) days of such receipt. Such claim must be made by (a) contacting Biznuity’s via telephone or e-mail with “Receipt Requested” and (b) sending Biznuity’s support department a copy of the shipment’s packing slip via fax or via e-mail as a scanned attachment. After we confirm the validity of such claim, we will (a) in the case of such damaged product, exchange such damaged product according to the procedure in Section 6 below or (b) in the case of such incomplete shipment, ship the remainder of product(s) to you that you ordered. Unless you provide us with a valid and correct tax exemption certificate applicable to your purchase of product(s) and the product(s)’ ship-to location, you are responsible for sales and other taxes associated with the order.

4. Return Policy

Biznuity offers a 30 day money back guarantee on systems purchased directly from Biznuity.* You can return the system for any reason if not completely satisfied within the first 30 days of ownership. You must contact us before you attempt to the return product(s) to obtain a Return Merchandise Authorization Number (RMA) for you to include with your return. You are responsible for risk of loss and damage, and shipping and handling fees for returning product(s). All returned orders or those cancelled after production has begun are subject to a 20% restocking fee without exception. Original shipping, handling, delivery, and similar fees (including related sales taxes) are considered services already consumed and are, therefore, not refundable. You are responsible for properly packaging product(s) to be returned and for delivering the product(s) to the common carrier designated by Biznuity. All returns must arrive in their original packaging. You are responsible for any damage to your product(s) during return shipment. Open software is not refundable under this policy.

*Select, highly specialized workstation builds may not be returnable after receipt. Additionally, select components of a highly specialized nature may not be refundable. These items are marked as such on their respective configurator pages.

5. Disclaimer of Warranties

BIZNUITY MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-BIZNUITY BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY BIZNUITY AS IS. WARRANTY AND SERVICE FOR NON-BIZNUITY BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY BIZNUITY. BIZNUITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN BIZNUITY’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND BIZNUITY WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON BIZNUITY’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

6. Products

We continually upgrade and revise our product and service offerings. Biznuity may revise and discontinue products at any time without prior notice to its customers. Biznuity may ship a substitute product that has the ordered product(s)’ functionality and performance, but which varies from other aspects of the ordered product. In accordance with industry practices, Biznuity selects its parts and assemblies from new and equivalent-to-new parts and assemblies, which may rarely, but possibly, include reconditioned parts and assemblies, depending on availability. The quoted Biznuity SKU numbers for Biznuity-branded hardware product(s) are of the quality specified by Biznuity on its website and conform in all material respects with the Biznuity product(s)’ specification on the date such product(s) were shipped.

7. Arbitration

You and Biznuity agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against Biznuity, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Biznuity’s advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and Biznuity. The arbitration will be conducted before three (3) independent and impartial arbitrators. Biznuity will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) arbitrators will then select a third arbitrator who will be the presiding arbitrator. The arbitrators will render their award in writing and will include the findings of fact and conclusions of law upon which their award is based. Any award of the arbitrators 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 THIS SECTION.

8. Limitation of Liability

BIZNUITY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SPECIFIED IN THIS AGREEMENT, NOR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST WAGES, LOST REVENUES, LOST PROFITS, LOST BUSINESS, LOST DATA, LOST SOFTWARE, DAMAGES FROM THIRD PARTY CLAIMS, OR DAMAGES FOR PRODUCT(S) BEING UNAVAILABLE FOR USE, EVEN IF BIZNUITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BIZNUITY’S LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT(S) THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH BIZNUITY IS RESPONSIBLE. BIZNUITY DOES NOT ACCEPT LIABILITY FOR ANY CLAIM BY A THIRD PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Applicable law; not for resale or export

You agree to comply with all applicable laws and regulations of the various states and the United States. You agree and represent that you are buying for your own internal use only, and not for resale or export. Biznuity has separate terms and conditions governing resale of product(s) by third parties. Contact the Biznuity Reseller Program to receive a copy of these terms and conditions.

10. Governing Law

This Agreement and any sales hereunder shall be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of laws, principles, and excluding the United Nations Convention on the International Sale of Goods.

11. Miscellaneous Provisions

You will not register or use any Internet domain name that contains a Biznuity trademark or trade name (i.e. Biznuity), in whole or in part, or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form part of these terms and conditions, and no construction or inference shall be derived therefrom. If any of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provision shall not be affected or impaired.

12. Agreement with all Microsoft License Terms and Conditions

By purchasing Biznuity Workstation, you hereby acknowledge and agree to all terms and conditions as set forth in the Microsoft License Terms. Additionally, you hereby acknowledge and agree to allow Biznuity to accept these terms fully on your behalf as a part of the build process.

Terms Last Updated: 11/1/2020