TERMS AND CONDITIONS OF SALE
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All orders placed with Bushman Web Service, Inc., of Bushman Web Service's Products or services ("Product")
are expressly made conditional on the assent of the purchaser (hereinafter "Buyer") to these Terms and
Conditions of Sale ("Terms"). Additional or different terms in Buyer's purchase order or any other verbal
or written attempt by Buyer to vary, modify or add to these terms and conditions of sale, whether by
prior, contemporaneous or future communication, are expressly rejected. The placement of an order of
Product by Buyer constitutes acknowledgement and acceptance of these terms and conditions of sale, including,
but not limited to, the foregoing sentences.
1. Prices and Terms Of Payment
1.1 Unless otherwise specified by Bushman Web Service, in writing, Prices and Terms of payment shall
be those set forth in the applicable Price schedule ("Price"). Bushman Web Service reserves the right
to change or withdraw prices for the Product or services it offers for sale without prior notice. Partial
shipments of Product or performance made will not obligate Bushman Web Service to make further shipments
or performance at the same prices. No C.O.D.'s.
1.2 Prices are in United States dollars (USD) payable in Sedalia, Colorado USA unless otherwise specified.
1.3 Acceptable forms of payment are Visa, Master Card, American Express, Discover, Certified or Cashiers
Check, Company Check, or Money Order. Bushman Web Service may accept payment on Open Account of 2% 15
Days, Net 30 Days in its discretion. No C.O.D.'s.
2. Taxes and Duties
2.1 Bushman Web Service will charge and collect applicable state and local sales tax for any shipments
of Product to an address within Colorado. Sales tax will not be charged or collected for shipments to
other states, and it is the Buyer's sole responsibility to remit applicable sales and/or use tax in
accordance with the laws of his/her home state.
2.2 Proof of tax exempt status must be on file with Bushman Web Service in order for any transaction
to be tax exempt.
3. International Orders
3.1 Bushman Web Service prefers credit cards as payment for International orders less than $1,000 USD.
EFT payments will be allowed at Bushman Web Service's discretion and will include a $25.00 surcharge.
Products shipped internationally may be subject to taxes, duties, and brokerage fees. Bushman Web Service
has no control over these charges nor will we issue refunds or credit for any charges your shipment
may accrue in route to the Buyer. All international orders are final and NO returns, refunds or exchanges
are offered or allowed under any circumstance.
4. Title and Delivery
4.1 Title and all risk of loss or damage to all Products durring shipping will pass to Buyer upon shipment from Bushman
Web Service’s shipping location.
5. Limited Warranty and Disclaimer
5.1 Bushman Web Service and/or the Product OEM warrants its Products against defects in material or workmanship for 1 year from
date of purchase unless otherwise specified. Bushman Web Service's and/or OEM Product warranty is limited to the
replacement or repair of the defective item at no charge if we determine such item to be defective.
If the Product unit is replaced, it will be replaced with a new or, at our option, refurbished Product
unit. This limited warranty shall not apply to any Product item subject to misuse, including static
discharge, failure by Buyer to follow instructions, Product modification, ordinary wear and tear, negligent
or improper operation, or which have been installed or soldered or altered during assembly or use and
are not capable of being tested or resold. Modification, repair, or attempted repair of Product by anyone
other than Bushman Web Service and/or the Product OEM without the written permission of Bushman Web Service and/or the Product OEM will void this
limited warranty. Bushman Web Service's and/or the Product OEM's limited warranty is also voided on any Product that is found
to have an altered or tampered with serial number. Defective items must be shipped by Buyer to Bushman
Web Service or the Product OEM prepaid. Bushman Web Service or the Product OEM will ship the return or replacement or refurbished Product
item to the Buyer using their currrent shipping services at the time of replcement or repair. If Buyer wishes to
have the item express shipped to them, Bushman Web Service will charge the Buyer for the upgraded shipping
charges.
EXCEPT AS PROVIDED ABOVE, BUSHMAN WEB SERVICE MAKES NO OTHER WARRANTY TO BUYER, EITHER EXPRESS OR
IMPLIED. ANY IMPLIED WARRANTIES AGAINST INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED, EVEN IF BUSHMAN WEB SERVICE HAS BEEN ADVISED OF SUCH A PURPOSE.
6. Limitation of Liability and Remedies
6.1 IN NO EVENT SHALL BUSHMAN WEB SERVICE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL
DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY (EXPRESS OR IMPLIED), CONTRACT, NEGLIGENCE OR STRICT
LIABILITY AND ARISING IN ANY WAY IN CONNECTION WITH THE DESIGN, MANUFACTURING, ASSEMBLY, SALE, USE OR
REPAIR OF THE PRODUCT, EVEN IF BUSHMAN WEB SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BUSHMAN WEB SERVICE'S LIABILITY ARISING OUT OF THE DESIGN, MANUFACTURING, ASSEMBLY, DELIVER, NON-DELIVERY,
SALE, USE OR REPAIR OF THE PRODUCT SHALL NOT EXCEED THE AGGREGATE AMOUNT OF PURCHASES HEREUNDER.
7. Excusable Delays/Force Majeure
7.1 Bushman Web Service is not responsible for any delay in performance and/or shipment cause by circumstances
beyond its control, including without limiting the generality of the foregoing, to the extent caused
by an act of God, outbreak of hostilities (whether or not war is declared), insurrection, riot, civil
disturbance, government act of regulation, fire, flood, explosion, production delays, accident, theft,
climatic conditions, shortage of material, strike, lockout or trade dispute (whether Bushman Web Service
or another party's employees), third party supplier's actions, or other causes beyond Bushman Web Service's
reasonable control. If deliveries of Product are suspended for six months or more, Bushman Web Service,
at its option, by written notice to Buyer, without liability or penalty and without relieving Buyer
of its obligation to pay for any Product which has been delivered, can cancel the order with respect
to any undelivered Product.
8. Special and Custom Orders
8.1 Products assembled or modified at Buyer's request are considered Special Orders or Custom Orders.
No Special or Custom Orders may be returned.
 9. Return Policy
9.1 If for any reason your purchase does not meet with your satisfaction, please call Customer Service
at (303) 619 8597 (U.S. and Canada). Or contact Customer Service via our website
Contact Us Form
Any Product item, other than Software, Special or Custom Orders, purchased from Bushman Web Service
may be returned within thirty days of purchase for any reason for a refund, exchange, or credit towards
another purchase. With some Products the Buyer may be required to return the Product to the Original
Manufacturer (OEM) for a refund. The returned items must be in original condition with all manuals,
instructions sheets or booklets, all warranties, cables, and originally supplied accessories and materials,
with all original packaging and accompanied by the original sales receipt or a verifiable copy. Any
returned Product must be shipped directly to the return location provided at the time the Buyer requests
a Return Merchandise Authorization ("RMA"). Return freight must be prepaid at buyers expense. No C.O.D.
returns will be accepted. OEM and/or Bushman Web Service may refuse a refund or exchange or assess a
restocking charge for incomplete merchandise returned or exchanged. Items showing any use or abuse will
be returned by us or the OEM to the Buyer and any requested refund denied. Returns or exchanges will
not be made for items originally sold and marked "as is" or "clearance." Postage and handling charges
are non-refundable. Refunds are NOT given for slow shipping times. Refunds will be made by the same
method as used to purchase the item if possible, not including postage or handling charges. Refund checks
may take up to 14 working days to process.
9.2 Return Merchandise Authorization ("RMA") policies are subject to revisions at any time. Contact
the Customer Service Department regarding policies and returns. All returned merchandise requires an
RMA number. To obtain an RMA number, contact Customer Service at (303) 619 8597 (U.S. and Canada) or
contact Customer Service via our website Contact
Us Form for the appropriate RMA number or OEM contact information (10am - 5pm MST Monday-Friday)
Your RMA number must be clearly marked on the OUTSIDE of the returned package. Packages returned without
this RMA number will be refused. Once the RMA number has been assigned, it is important to return the
Product within two weeks otherwise, the RMA number will become void and the parcel will be refused.
You must obtain a new RMA if you are unable to make delivery to the designated address within two weeks.
9.3 If Products are to be returned to Bushman Web Service pursuant to this Section 9, Buyer may be
subjected to 10% restocking fee, in Bushman Web Service's sole discretion. This includes duplicate shipments,
refused/unclaimed shipments, etc., items ordered by mistake, not shipped, not fitting application, and
unsuitability for particular application or design. No refunds on lenses, special or custom orders.
9.4 Software: Upon purchase, all sales are final. Bushman Web Service does not offer refunds on CD-ROM
or Internet download versions of any software. In the event that your software is delivered on damaged
or defective media, Bushman Web Service will send replacement media. If in the advent the wrong version
or software Product is received it will be exchanged for the correct version or Product if returned
unopened. Opened software packages may NOT be returned. Please be sure the package you received is what
you ordered before opening it. Once a software package seal is broken it may not be returned under any
circumstances.
9.5 Gift Exchange: If you are returning an item received as a gift, you may exchange it for another
item. For more details and to obtain a return authorization, please call Bushman Web Service Customer
Service at (303) 619 8597 (U.S. and Canada). Or contact Customer Service via our website Contact Us
Form
10. Inspection of Products and Damage or Shortage Claim
10.1 Products shall be inspected by Buyer upon delivery before signing. Notice of rejection or claim
for shortages, damaged Product, or other nonconformity must be reported by Buyer to Bushman Web Service
in writing within ten (10) days of receipt of shipment. In case of concealed damage or loss, retain
all packing material for inspection by the carrier. Any damage, loss, shortage, or other discrepancy
with your requested order must be reported immediately. Bushman Web Service will not be responsible
for damaged parcels which are not inspected by the carrier. All sales are FOB from Sedalia CO, USA.
11. Refurbished Products
11.1 Bushman Web Service reserves the right to replace defective Products with refurbished Products,
at its sole discretion.
12. Attorney's Fees
12.1 Bushman Web Service shall be entitled to recover from Buyer any and all costs incurred by it to
enforce its rights hereunder, including, but not limited to, any and all costs of collection and actual
attorneys fees.
13. Waiver, Alteration, or Modification
13.1 No waiver, alteration, or modification of any of the provisions hereof shall be binding on Bushman
Web Service unless made in writing and agreed to by a duly authorized officer of Bushman Web Service.
14. General
14.1 The terms hereof, including those written within the body of this document, shall constitute the
entire agreement between Buyer and Bushman Web Service.
14.2 The Agreement shall be construed in accordance with the laws of the State of Colorado, United
States of America. Any lawsuits or other proceedings arising out of any sales represented by this invoice
shall be brought in a forum of competent jurisdiction in Sedalia County, Colorado.
14.3 In the event that any of the printed terms or conditions set forth herein are in conflict with
or are inconsistent with other terms, typewritten or hand written by Bushman Web Service's representatives,
within this document, then the typewritten or handwritten terms shall govern to the extent necessary
to remedy the conflict or inconsistency, but the printed terms shall govern all other respects.
14.4 The paragraph headings herein are used for convenience only and are in no way intended to alter
or affect the meaning of the terms and conditions contained herein.
14.5 The invalidity, in whole or in part, of any provision hereof shall not affect the validity or
enforceability of any other of its provisions.
15. Business Address
Bushman Web Service
P.O. BOX 499
256 Sly Fox Way
Sedalia, CO 80135
USA
If you have any questions or concerns about these policies, please call us at (303) 619 8597 (U.S. or Canada). Customer Service hours are from 8:00 AM to 5:00 PM, Mountain Time, Monday though Friday.
(Rev. 1/08)
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