BMI Worldwide / BMIGaming.com | The World's Largest Arcade Machine & Amusement Superstore

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Home > Master Selection Guide > Game FAQ's > Store Policies > Terms and Conditions Of Sale

BMI Worldwide / BMIGaming.com   |  Terms and Conditions Of Sale



Last Revised : 03/11/2016

By purchasing products from BMI Worldwide, Inc. (BMIGaming.com) you agree to be
bound by all of the following Terms and Conditions Of Sale (Sales Agreement) below :

1. TERMS OF PAYMENT - You (Purchaser) agree to be responsible for full payment of your Order (as stated in your
Sales Invoice) to BMI Worldwide, Inc. (BMI) plus any additional local, county, province, state, federal or governmental
agency sales tax, duty, tariff, surcharge, fee or fine, and all shipping charges or other charges that are assessed at
either at time of order or anytime in the future. Currently by law, we only collect sales tax on shipments to the State Of
Florida and Utah. Payment in full is due when Sales Invoice is finalized, except for some pre-ordered items and our
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".  Overdue payments shall be subject to a finance
charges computed at a periodic rate (to the extent permitted by law) of 2.50% per month (30% per annum).

For large 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, or to revoke any credit terms 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 2.5% per month (30% per
annum). 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 that exist.

2. DEPOSITS - Deposits made on all "Preorder", "Out of Stock" and "Waitlisted" Items are generally refundable, if not
already in production, or already shipped at the time of cancellation. Deposits for all other purchases or services, or
after an item has shipped are not refundable, except as noted elsewhere in this document. All refunds for deposits
made by credit or debit card are subject to a 5% merchant processing fee at time of refund.


3. DELIVERY - Unless otherwise specified, Orders are shipped on a CPT (Carriage and Insurance Paid To) basis for
US-based delivery addresses (excluding sea and air ports) and EXW (Ex Works) for all international destinations, and
the time of delivery shall be the time when the product is ready for delivery to the location chosen by the Purchaser.

Without in any way limiting the generality of Paragraph (8), BMI shall not be liable for any loss or damage resulting from
any delay in delivery, or failure to deliver, including and without limitation, force majeure; acts of nature, unavailability
of supplies or sources or energy, riots, wars, fires, floods, epidemics, lockouts, slowdowns, strikes, or delays in
delivery caused by our suppliers, shippers or ports of entry, or issues due to international customs controls, taxes,
fees, tariffs, paperwork deficiencies, embargos or clearance issues, or acts of omissions by the  Purchaser.

Orders that are deemed undeliverable, or refused by Purchaser (except for damage, see Paragraph 11), or deliveries
that are rescheduled by request of  Purchaser, or due to Purchaser not being present on the scheduled date of delivery,
or for other reasons within the control of the Purchaser may be placed in storage by the shipper or us, at the Purchaser's
sole risk and for its account, and agrees to to liable for all costs incurred in holding, storing and redelivering their Order.
All refused or undeliverable Orders must be claimed within sixty (60) days of the date of shipment from the EXW point.
After (60) days, all Orders are determined to have be abandoned, and Order will then be disposed of, or sold, without
recourse, with payment of Purchaser's Order plus any storage, handling or disposition costs incurred by us due in full.  

4. WRONG ITEMS - Products shipped in error 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 25% 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 our right to stop delivery of Orders in transit, title to and
all risk of loss for Purchaser's Order shall pass to the Purchaser upon the loading of goods from the origin shipping
point to the carrier of our choice, for final shipment to the Purchaser's destination of choice.

6. SECURITY INTEREST - We reserve and the Purchaser grants to us a purchase money security interest in all Products
sold  by 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 shall have all rights and remedies of a secured party under the Uniform Commercial
Code, (UCC) 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 and when 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. Purchaser agrees that BMI will not be held liable for any product, software, control, feature or cabinet change (s) made by the manufacturer or supplier, and also acknowledges that all specifications, dimensions, descriptions, brochures, flyers, manuals, videos and pictures of any products listed on our website or offered for sale are not guaranteed to provide the exact dimensions, specifications  weights, product features, structures or colors as shown, depicted or represented. Purchaser understands manufacturers and suppliers may modify or change product features, specifications, software or colors at any time, without prior notice. Purchaser agrees that it will not hold BMI liable or at fault in any way, or in any dispute, issue or other condition that arises from unknown product changes.
Please contact us prior to ordering to verify exact and current product dimensions, specifications, features and colors.

9. 30 DAY RETURN POLICY - Many of our products come with our 30-Day Return Policy, for products sold for home use and shipped to a US residential address within the contiguous 48 states (AK / HI excluded). If after taking delivery you wish to return your product (does not fit, not what you expected, wrong item, etc) you may request a Return Materials Authorization (RMA) or your purchase at  http://www.bmigaming.com/online-order-cancellation-form.html, as long as the product is in
the same condition as shipped
(see below for specifications) within 30 days of delivery, per policy terms set forth here.

If no other item is purchased from BMI within Sixty (60) days from date of return to our warehouse, and in accordance with policy stipulations, the purchase price, minus a 25% Restocking Fee and shipping charges to and from your location will
be refunded via the payment method used for the Order. If item was purchased under a " Free Shipping " offer, the actual incoming and outgoing shipping charges will be deducted, in addition to the 25% Restocking Fee. Return Policy excludes
damaged goods,
"special", "custom", "open box" or "as-is" condition items, redemption games, vending machines, photo booths, kiddie rides, motion simulators, and items sold to commercial, government, education or not-for-profit accounts.

All brand new products must be returned in new and unused condition with the original box
. Preowned, Refurbished,
Used and "Demo" products must be returned in same condition as shipped, and all products must include accessories,
keys, manuals, parts and supplies .Returns for any product not conforming to these standards will be assessed an
additional 15% Restocking Fee (45% Total Fee), in addition to all incoming and outgoing shipping charges

10. CANCELLATIONS - All Sales Are Final, unless cancelled within Three (3) Business Days of the Order date by
submitting a Order Cancellation Request Form at : http://www.bmigaming.com/online-order-cancellation-form.html 
Order Cancellation Requests within (3) Business Days of Order do not incur cancellation fees, with the exception of a
 5% Merchant Fee accessed for credit / debit cards payments. (2% for Bitcoin), if payment was already processed by us.
 
Cancellation requests after three business days but before item has shipped may be granted on a case-by-case basis,
except for Special or Custom Orders, which are not cancellable. If a Order Cancellation in this case is granted, a Order Cancellation Fee of 10% shall be assessed on Purchaser's Order, plus all charges incurred by canceling Purchaser's
Order, including freight charges, vendor restocking fees, payment  refund fees or other costs in cancelling your order.

Cancellation requests after a product has shipped but before it is delivered will incur a 25% Restocking Fee in addition
to all costs incurred with canceling the Purchaser's Order, including all inbound and outbound freight charges and storage charges incurred by BMI in cancelling Purchaser's Order.
 
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 60 days of shipment, will hereby be determined to be abandoned and will be disposed of without recourse, with
the entire purchase price due in full. Any orders that are refused, returned or cancelled by Purchaser without prior written authorization, and not claimed within 60 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 Purchasers order
and any costs incurred by us due and payable in full immediately.

11. WARRANTY / DEFECTIVE CLAIMS - For claims regarding defective products or parts that are covered under a factory warranty, BMI will provide telephone technical support and assist Purchaser in obtaining warranty part replacement from
the manufacturer, unless product is covered by one of of our own product warranties. Our sole responsibility with respect
to any warranty claim shall be, at our option, to repair or replace the product or component at the Purchaser's location,
with the Purchaser liable for any shipping charges BMI incurs. This constitutes our sole liability and the Purchaser's sole remedy with respect to defective products sold by BMI. 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 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 Worldwide, Inc. / BMIGaming.com, 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 Worldwide, Inc. 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 Sales 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 agree to, all terms, conditions and store policies listed in this document as a condition of accepting your Order.


 
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