Our Terms and Conditions of Sale applies to
all products and services we sell |
Last Revised : 02/26/08
1.
TERMS OF PAYMENT - You (Purchaser) agree to be
responsible for all products (Items) costs and all shipping charges
for your Order, and any local, state or federal sales taxes that may be
assessed. Currently by law, we only collect sales tax
on shipments within the State Of Florida. Payment is due in full at time of
order, except for layaway plans, advanced deposits and business leasing
customers. Unless otherwise expressly stated in writing, terms
are Cash In Advance
(CIA) via our approved payment methods found on our
web site under "Store Policies". For commercial accounts, if credit,
leasing or net terms
are extended to purchaser, we reserve the right
at any time to require full or partial payment in advance of shipment, or
to revoke any credit previously extended, if, in our judgment,
the Purchaser's financial condition does not warrant proceeding
on the terms
specified. Overdue payments shall be subject to finance charges computed
at a periodic rate (to the extent permitted by law) of 2.2%
per month (26.4%
per year). Amounts owed by the Purchaser with respect to which there is no
dispute
shall be paid without set-off for any amounts which the Purchaser
may claim are owed by us and regardless of
any other controversies which
may exist. All Orders must be paid in full, and all payments must be
cleared by our bank
before we can ship Purchaser's order.
2.
DEPOSITS - Deposits made on all
"out-of-stock" or "waitlisted" Items are fully refundable, until we first locate
Purchaser's Item, and then make an offer to sell the Item to you - Once You
agree to purchase the Item at the offered price, Purchaser's deposit and any
subsequent payments then become non-refundable and subject to all terms and
conditions contained
herein. Deposits made on any other products or services are typically
non-refundable, unless otherwise noted.
3. DELIVERY - Unless otherwise specified, all sales are F.O.B. shipping
point and the time of delivery
shall be the time when the product is ready for delivery to the location chosen
by the Purchaser at that
location by a carrier . Without in any way
limiting the generality of paragraph 8, we shall not
be liable for any loss or damage resulting
from any delay in delivery or failure to deliver which is due to
any cause beyond our
control, including, without limitation, force majure; acts of nature, unavailability
of supplies or
sources or energy, riots, wars, fires, floods, epidemics, lockouts, strikes/slowdowns, delays
in
delivery by our shippers or suppliers, or acts or omissions of the Purchaser. Products on which delivery is
delayed due to any cause within
the Purchaser's control may be placed in storage by us at the
Purchaser's risk
and for its account. The Purchaser shall be
liable for all costs and expenses
incurred by us in holding or storing products for the Purchaser or at the
Purchaser's request. The
Purchaser is also responsible for
any additional shipping charges due to refusal of
delivery or rescheduled deliveries. Items deemed undeliverable, or deliveries
refused by the Purchaser, or orders refused or cancelled by you with prior
written authorization, and not claimed within 90 days of the first delivery
attempt, will be determined to have be abandoned, and will
be disposed of without recourse, with full payment of Purchaser's Order and any
costs incurred by us due and payable in full immediately.
4. WRONG ITEMS - Products shipped in
error cannot be cancelled under any circumstance, but will be replaced with the
correct Item ordered, as long as the product in question is returned in unused
condition in its original box and packaging,
along with all of the original paperwork, manuals, parts and supplies. Any
products shipped in error that are retuned not conforming to these
specifications will be assessed a 20% restocking fee, but customer will not be
responsible for
shipping charges in any event.
5.
TITLE AND RISK OR LOSS - Subject to paragraph 6 and to our right to
stop delivery of products
in transit, title to and risk
of loss for
products shall pass to the Purchaser upon delivery
of product to a carrier for shipment to the Purchaser.
6.
SECURITY INTEREST - We reserve and the
Purchaser grants to us a
purchase money security
interest in all Products sold
by BMI Gaming ( BMI ) to
Purchaser, and to all Products now or hereafter acquired by Purchaser and
to any proceeds thereof, until purchase price and any other charges due us
shall have
been paid in full. Purchaser agrees to execute any financing
statements or other documents as we may request in order to protect BMI's
security interest. Upon any default by Purchaser hereunder, BMI Gaming shall
have
all rights and remedies of a secured party under the Uniform Commercial
Code, which rights
and
remedies shall be cumulative and not exclusive.
7.
INSTALLATION - Unless otherwise specified, we
assume no obligation to install or setup any products sold to Purchaser
at the Purchaser's premises. Some products on our web site do require minimal to
moderate setup. Please inquire before purchasing any products that may require
setup. In some cases, we may be able to supply setup and/or installation of
select products at an additional cost to you, where available.
8.
SPECIFICATIONS - The original manufacturer of
products we sell reserve the right to make substitutions and modifications
to the
specifications
of their products at any time, provided that such substitutions or modifications do not
materially
affect the
performance of the products or the purposes for which they can be used.
Customer agrees
that BMI will not be held liable for product, software, control
or cabinet changes
made by the manufacturer without our knowledge, and also acknowledges that pictures,
specifications and dimensions of all products listed for sale on our website are not guaranteed
to be exact pictures
of the product for
sale, but are representative samples of such products at the time of
publication, and understands that the original manufacturer may modify
colors, software and specifications of products for sale without prior notice to
us or you.
Please contact us before ordering if exact product dimensions or specifications
need to be confirmed prior to Purchaser's purchase.
9. 30 DAY RETURN POLICY - Most of our
Items come with our 30-Day Return Policy. After delivery of any covered product,
if the
Purchaser does not enjoy the covered product, Purchaser may request a
Return Materials Authorization (RMA) for the covered product (s) via our RMA
Form located at <
http://www.bmigaming.com/returnform.htm > as long as covered product (s) are
returned in the same exact condition as shipped within 30 days of the delivery
date. Any return not received at our designated shipping point within 30 days of
date of delivery to Purchaser, as stipulated on Purchaser's Bill Of Lading, is
not eligible under this policy. All brand new products must be returned
in unused condition in their original box and/or packing. All "preowned",
"used", "demo" or "refurbished" products must be returned in unused condition,
along with all paperwork, manuals, parts and supplies. Returns for any
non-defective products conforming to these standards will be assessed a 15%
restocking fee, in addition to all shipping charges to and from Purchaser's
location. If Purchaser's order was shipped under a "free shipping" offer, actual
shipping charges to and from Purchaser's location will be deducted from
Purchaser's final refund. Any returns under this policy not conforming to these
specifications will be assessed 25% restocking charge, plus all shipping
costs
to and from Purchaser's location. This policy specifically excludes all
"special', "custom", "as-is" or "less than perfect" type
products, redemption, casino, furniture, carnival, kiddie and, vending machines
products, all parts, supplies, accessories
and any products that was damaged in shipment, or as otherwise noted.
10.
CANCELLATIONS - All Sales (Orders) are
final, unless order is cancelled by submitting a Order Cancellation Request
by online form located at: <
http://www.bmigaming.com/ordercancelform.htm > within two (2) business days
of Purchaser's order, as is determined by timestamp on Order, unless the
products purchased have certain return rights, like our 30-Day Return Policy
above. Order cancellation requests after two (2) business days, but before
Purchaser's Order has shipped,
may be submitted in writing using our Order Cancellation Form, and may be
granted on a case-by-case basis, If a return
is granted, a restocking charge of no more than 25% shall be assessed on
Purchaser's Order, in addition to any charges incurred by us associated with
canceling Purchaser's Order, including any freight charges, vendor restocking
fees or other costs incurred by us. For cancellation requests after a product
has shipped, a restocking charge of 25% shall be assessed
on shipped items, addition to any other costs incurred by us associated with
canceling Purchaser's order, including any inbound or outbound freight charges.
If Purchaser refuses to accept delivery of any product, Purchaser agrees to pay
the
full amount of their Order including all shipping costs. Any order refused by
Purchaser, if no request for re-delivery or pickup
of Purchaser's Order is made within 90 days, will hereby be determined to be
"abandoned" and will be disposed of without recourse, with the entire purchase
price due in full. Refunds for "special" or "custom" orders, order cancellations
without a
prior Written RMA from us, or orders refused by Purchaser are not granted under
any condition. Any orders that are refused,
returned or cancelled by Purchaser without prior written authorization, and not
claimed within 90 days of the first delivery attempt, or refusal of delivery or
payment, will be determined to have be abandoned, and will be disposed of
without
recourse, with full payment of Purchaser's order and any costs incurred by us
due and payable in full immediately.
11. CLAIMS - All claims for nonconforming or defective products, not due to
damage in transit,
must be
made in writing
within 24 hours after delivery to the Purchaser, based on the date delivered on
Purchaser's Bill Of Lading. Any claims not
made within
that period shall
be deemed waived and released. Our sole responsibility
with respect to
such claims shall
be
at our option, to repair or replace any product or component at the Purchaser's
location, which
we
determine to be defective
All new games are covered under our 90 Day.
We will not be liable for any shipping charges to or from Purchaser's location
due to non-conforming or defective parts., or
are responsible for any damage that
occurs to items after they
leave our dock and/or the item's original shipping point.
All
shipping damage must be filed directly with
the freight carrier.
In no event shall
we be liable for any incidental
or consequential damages
due to any cause whatsoever. No suit or action shall be brought
against us more than 30 Days after the related
cause of action has
occurred.
No claims can be made for any product sold
to you on a
"as-is" or "less than perfect" basis.
The Foregoing constitutes our sole
liability and the Purchaser's sole remedy with respect
to products sold
by us. Except
as provided within this document, we disclaim all
warranties, express
or implied, including any warranty of merchantability
or fitness, for a
particular purpose.
12. PRICES - All prices published by us or quoted by our representatives
may be changed
at any time without notice. Due to fluctuating market conditions, written
quotations expire
automatically 24 hours
from the date issued and subject to change or
termination with
verbal or written notice during that period.
All verbal quotations are
good for 24 hours
and all quotations and prices are subject to adjustment on account of new
specifications,
modifications, quantities, shipment methods or other terms and conditions
which are not
part of the original price quotation. Prices quoted on our site or via
phone or email are FOB: Origin and are
exclusive of all
city, state, and federal taxes, freight, handling and other similar
charges unless specifically listed
in a written quote, and payment of which shall be the sole responsibility of the
Purchaser (Buyer). If
BMI Gaming, Inc. ("BMI") pays any such tax or charge, Purchaser will
promptly reimburse
the same. Purchaser is responsible for obtaining and providing to us any
certificate of
exemption or similar document required to exempt any sale from sales, use
or similar tax
liability if items are being bought for resale.
13.
PATENTS - We assume no obligation or liability of any kind with
respect to infringements
or alleged infringements of
United States or foreign patents, copyrights,
trademarks or other
proprietary rights
arising out of the Purchaser's purchase,
use,
possession, sale or delivery
of any products sold hereunder.
The Purchaser shall indemnify and hold us
harmless
from any
and all claims, liabilities, damages, or expenses resulting from
infringements or alleged
infringements or United States
or foreign patents, copyrights, trademarks
or other proprietary
specifications provided by the Purchaser. No sale of
any product shall be
construed as
granting to the Purchaser any license or other right in or to any patent,
copyright,
trademark or other proprietary right applicable to the product.
14. CREDIT, DEBIT OR /CHARGE CARD HOLDER AGREEMENT
- By choosing to pay for any order with a credit, debit or charge
card, Purchaser agrees that all policies detailed herein supersedes and
overrules any credit, debit or charge card issuing company policy that differs
from, or is in conflict with, the above policies, and also agrees that this
agreement will serve as notice of such to Purchaser's specific card issuing
company if required.
15. SEVERABILITY - In the event that
any provision or portion of this Agreement shall be determined to be invalid or
unenforceable for any reason, the remaining provisions or portions of this
Agreement shall be unaffected thereby
and shall remain in full force and effect to the fullest extent permitted by
law.
16.
ATTORNEYS' FEES - We have the right to collect from
Purchasers all
reasonable costs and expenses incurred in
collection of any sums owing by
Purchaser and we shall not be obligated to
make any further deliveries to
Purchaser.
Such reasonable costs and expenses shall include,
but not be limited to, reasonable attorney's fees.
17.
ADDITIONAL OR INCONSISTENT TERMS - Terms and
conditions set forth in any document provided by the Purchaser
which differs from or conflicts with, or
are not included in the terms and conditions
set forth in this document
shall not
become a part of any agreement between us (BMI)
and the
Purchaser, unless such terms and conditions are
specifically accepted by us
in writing.
18. MANDATORY BINDING ARBITRATION - The
Purchaser agrees that any dispute or controversy
arising out of, relating to,
or in connection with any purchase, agreement
or transaction, or its
interpretation, with BMI Gaming, Inc. shall be settled exclusively and
finally by arbitration, in
accordance with the Rules of Conciliation and Arbitration of the
International
Chamber of Commerce.
19. GOVERNING BODY - Purchaser agrees that
this agreement and all transactions hereunder, or any dispute or controversy
arising out of, relating to, or in connection with any purchase, transaction,
agreement, or its interpretation, with BMI Gaming. shall be governed by the laws
of the State of Florida, County of Palm Beach, and agrees that in the case of
federal or state
court litigation, all cases will be filed, conducted and heard within the State
of Florida, County of Palm Beach.
20. ENTIRE AGREEMENT - This Agreement
contains the entire agreement between the Parties concerning the subject matter
hereof and supersedes all prior agreements, understandings, discussions,
negotiations, and undertakings, whether written
or oral, between the Parties with respect thereto. This Agreement may not be
modified or amended except by a writing signed by both Parties.
21. AGREEMENT TO TERMS - The Purchaser confirms that they have read, and agrees to,
all terms, conditions and store policies listed in this document, and also
on our order form, located at:
https://www.bmigaming.com/onlineorderform.htm
