BVS’ prices, specifications, and terms are subject to change without notice. Berkeley Varitronics Systems is not responsible for errors in typography and/or photography. All products and custom-built systems come with an original manufacture warranty and 1 Year technical support. Within warranty period, customer must pay shipping to BVS’ headquarters office in Metuchen, NJ on all repairs and services. BVS will pay return shipping costs and uses 2-day air UPS back to customer.

Berkeley Varitronics Systems accepts the following Payment Methods:
* Visa, MasterCard, Discover, American Express
* Prepaid Company Check, Personal Check, Cashier Check or Money Order
* Purchase Order (P.O) from Government Agency, and Fortune 500 companies only. P.O. must show TERMS of NET 30 & a credit check will be performed for all companies looking for credit.
* C.O.D. orders

FOR ALL International Orders:
* BVS requires a Purchase order and will only accept Wire Transfer in advance or Credit Card payment in advance

Renal/Lease:
* BVS DOES NOT rent and/or lease its products directly.

Berkeley Varitronics Systems offers the following shipping methods:
UPS Red Overnight - Takes 1 Day plus processing time
(may not be available in all US cities - check with UPS)
UPS Blue Overnight - Takes 2 Days plus processing time
UPS Orange - Takes 3 Days plus processing time

FedEx Saver (Standard Shipping Method) - Takes 3-4 Days plus processing time
FedEx Second Day - Takes 2 Days plus processing time
FedEx Over-Night - Takes 1 Day plus processing time

Price Matching / Price Policy
We do not offer price matching, since the products are “sole source”. BVS offers quantity discounts at (5), (10), and (25+) units. Prices are not negotiable, and are the same for military, educational an retail.

Cross-Ship
Berkeley Varitronics Systems can offer a cross-ship if:
1. Customer agrees to pay first.
2. The exact same item is in stock.
3. All return shipping costs are the responsibilities of the customer.
4. Return shipping is a service you pay shipping companies.
5. Under no condition will Berkeley Varitronics cross-ship any item after 30 days of original invoice date.

Mail-in Rebates
For your convenience, Berkeley Varitronics Systems does its best to advertise any current rebates on our web site. Any use of these rebates is limited to any terms or conditions as determined by the Berkeley Varitronics Systems. If you have any questions regarding the rebate terms & conditions, please contact Berkeley Varitronics Systems directly.

Sales Tax
Sales tax is required and invoiced on orders shipping within resident states NJ, CA & TX. Therefore, all orders shipping within these states will be charged the applicable sales tax according to your county unless the appropriate tax exemption certificate is provided. (ST-3 for resell, and ST-4 for R&D).

Item Testing
All instruments and products manufactured by Berkeley Varitronics Systems are fully tested and burned in for a minimum of 4 hours. In addition, items are temperature cycled from -30° to +130° F, usually while powered to relieve stresses on internal components, in advance of final calibration.

BVS product warranty
All items manufactured by BVS are warranted against defects in design, manufacturing and workmanship for a period of one-year. If any product is in question, call for a Return Authorization Number to accompany the returned instrument. A return authorization number is required for all returns.

Restocking Fee
Returns are only accepted by prior written approval from BVS within (10) ten days of receipt from customer. All returns require an RMA to be bee issued from BVS. BVS does not warrant application of any product. In the event BVS agrees to accept return of any product, an RMA will be issued along with a 15% restocking fee (shipping and any other fees are not refunded) will be charged against such a transaction. Again, BVS does not in any way warrant applications; only published technical specifications.

Technical Assistance
Please feel free to call 8:30 AM - 5:30 PM Monday to Friday EST for technical assistance for any of our wireless products and/or software. Please have your unit serial number handy with approximate date of purchase so we can save time and assist you immediately.

You may send an email (24 hours) a day to support@bvsystems.com or Fax (732-548-3404) and we will do our best to respond in a timely manner. Make sure you supply your complete contact information, unit serial number, approximate date of purchase, and a brief description of the difficulty you are experiencing.

Back Orders
Any items that are unavailable will be placed on back order, and the remainder of your order will be shipped in a timely manner.

Order Status
Berkeley Varitronics Systems will do everything possible to keep you informed of your order via e-mail and/or phone. Your shipping tracking number will be emailed to you once the item is shipped if your product is en route to you. You may check online status page for live updates if your product is shipped by UPS. For Fed-ex shipments we can provide tracking information or manually track for you on-line.

Security
Security is our number one priority. All credit card information is locked and not accessible to any parties other than accounting. Once the information is received through the Internet, trusted authorized employees will process your payment, and make sure that your information is handled with the highest level of security.

Privacy
Berkeley Varitronics Systems respects your privacy. We will not under any circumstances sell or release your information to anyone. All of the information obtained from our web site will be used for processing purposes only. The only e-mail you will receive from Berkeley Varitronics Systems are updates to software/firmware to Berkeley related products and/or software and occasional company related announcements.

Change Orders
You may request a change to your order, provided your order has not already been processed or was a custom built instrument. Please call during business hour to change your order. Please always have your purchase order and quotation number ready. Avoid ever requesting a change order via email, as we may not receive it in time.

Cancel Order
You may request a cancellation of your order, provided your order has not already been processed and shipped. Please call during our business hour to cancel your order. If your account has already been charged, you will receive a credit back to your account within approx. 1 week. Please never request cancel order via Email, as we may not receive it in time. 20% re-stocking fee will apply.

Resellers
Unfortunately, we do not currently have a reseller or discount program available at this time. Berkeley Varitronics Systems offers discounts for quantity purchases. Anytime we receive any specials or promotions, we will immediately post them on our web site for you to take advantage.

Tax
All customers outside of New Jersey, Texas and California will not be charged sales tax. Please provide proper tax exemption paper work at the time of your purchase should you feel exempt from sales or use tax.

Volume Discounts
Berkeley Varitronics does offer a volume discount to all customers (quoted on a individual basis). Anytime we receive any specials or promotions, we will immediately post them on our web site for you to take advantage.


Product Return Procedure:

* To return a product based upon BVS' replacement/return guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). All RMA must be requested by phone/fax/mail/rma@bvsystems.com. BVS will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by BVS. 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 and verify return address. Furthermore, please affix a business card to all returned items.

* Customer is solely responsible for shipping any returned product to BVS. 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, BVS Return Procedure will be breached and BVS will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.

* BVS will not refund to Customer the original shipping charges, which is a service provided by UPS or FedEx and used.

2. WARRANTIES

Berkeley Varitronics Systems, Inc. (BVS) warrants to the original purchaser of its products, for a period of one year from the date of delivery, that its products are free from defects in both material and workmanship. In the event of a defect, contact BVS for an RMA number and return the instrument with all accessories to BVS in Metuchen, NJ, USA. BVS will repair or replace the unit generally within one (1) working day from receipt of the unit. Repaired units will be shipped back to customers at BVS’ expense via UPS blue unless otherwise arranged. International customers are responsible for the cost for shipping, customs, duties and any applicable taxes associated with freight to and from BVS.

This warranty covers defects in materials and workmanship and limited
Product technical support, provided that the product has not been subjected to unusual physical damage, including electromagnetic product stresses; or that the unit has been altered or modified in a manner not approved by BVS.

In addition, BVS will provide at no charge to the customer, calibrations, software and documentation updates throughout the warranty period. All units returned to BVS will be upgraded with the latest software revisions and returned within one (1) working day via UPS ground, unless otherwise arranged. Foreign customers must specify their preferred freight forwarder. Any documented software defects reported to BVS will be corrected by BVS at no charge for the life of the product.

This warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, expressed or implied, BVS specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If BVS cannot lawfully disclaim implied warranties under this limited warranty, all such warranties, including warranties of merchantability and fitness for a particular purpose are limited to the duration of this warranty. No BVS reseller, agent or employee is authorized to make any modification, extension or addition to this warranty.

BVS is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming or reproducing and program or data stored in or used with BVS products and any failure to maintain the confidentiality of data stored on the product. BVS specifically does not represent that it will be able to repair any product under this warranty or make a product exchange without risk to or loss of programs or data.


3. LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES BVS MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. BVS 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. BVS 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 BVS IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders: An order is not binding upon BVS until it is accepted; BVS must receive payment before it will accept an order. Payment for product(s) ordered outside of the US is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with BVS. 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 BVS invoice.

Title; Risk of Loss: BVS 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. BVS reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow BVS to sign appropriate documents on Customer's behalf to permit BVS 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. BVS will advise Customer of estimated shipping dates, but BVS 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 BVS and Customer shall be governed by the laws of the State of New Jersey, 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. BVS and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of New Jersey, 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 BVS 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 New Jersey 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 BVS' invoice respecting the products ordered by Customer, are the complete and exclusive agreement between BVS and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between BVS 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.

Copyright © 2007 Berkeley Varitronics Systems