Terms & Conditions
I. PAYMENT TERMS
A. All orders placed by individuals through the BEM Auto website or by phone must be paid in full to B.E.M. prior to shipment of the product.
B. Shipments for orders placed by phone will include a copy of the purchaser's invoice with a credit card receipt or otherwise be marked "paid in full".
A. Domestic shipments for individual orders are typically arranged within two (2) days of order placement. If additional time is required to arrange shipment or if product is unavailable, the purchaser will be contacted with an estimated shipping date. Domestic shipments should generally arrive at their destinations in under two (2) weeks.
B. Expedited shipments for individual orders are typically arranged the same day as the purchase, when payment is complete, product is in stock and the order is received prior to 12:00 PM CST. Orders for expedited shipments received after 12:00 PM CST, or received on a weekend or during a business closure, will be shipped on the next business day. Questions about the expedited shipping services or specific expedited shipments can be directed to email@example.com or 785/562-2475. Information about these shipments can be obtained directly between the hours of 8:30 AM and 5:00 PM CST.
C. International shipments for individual orders are typically arranged within (2) days of order placement. If additional time is required to arrange shipment or if product is unavailable, the purchaser will be contacted with an estimated shipping date. International shipments should generally arrive at their destinations in under two (2) weeks, but additional time may be required for delivery. International purchasers will be responsible for all brokerage fees, customs fees and duties associated with their individual orders.
D. For domestic shipments placed on regular business days, shipment service changes (e.g., UPS Ground to UPS Second Day Air) can be made by phone (785/562-2475) within one (1) hour of order placement for individual orders placed prior to 11:00 AM CST. For this attention a $5.00 surcharge will be applied in addition to the difference in cost between the shipment services. Shipment service changes made to individual orders placed on regular business days after 11:00 AM CST but before 12:00 PM CST can be made by phone within ten (10) minutes of order placement. For this attention a $15.00 surcharge will be applied in addition to the difference in cost between the shipment services. All surcharges and differences in shipment services cost must be paid in full prior to order shipment. Shipment service changes are not done after 12:09 PM CST on the date of order placement.
E. All prices quoted are F.O.B. B.E.M.'s factory at Marysville, Kansas.
A. No return of purchased product will be accepted by B.E.M. after thirty (30) days.
B. No return of purchased product will be accepted by B.E.M. without prior authorization. You must provide B.E.M. with information regarding the return (i.e. reason for return, quantity, name of product, invoice or register number) and a Returned Goods Authorization (RGA) number will be issued. The RGA number must be written on the outside of the shipping carton alongside shipping address. Shipping cartons without discernible RGA numbers on the outside will be refused without recourse. All returns must be accompanied by a packing slip showing quantities, part numbers, and RGA number.
C. All returns must be carefully packed and shipped freight prepaid. Collect shipments will not be accepted.
D. All returns are subject to a 20% restocking charge plus 20% reconditioning and 10% repackaging cost if necessary.
E. We reserve the right to refuse returns in the following cases:
Special order items: This refers to any product altered or produced directly to your specifications.
Quantity sales: If you are buying a large quantity of an item, we assume that you have previously evaluated its suitability.
Abuse to or alteration of product: This refers to any product that has been changed, reduced in fitness or destroyed directly or indirectly by the end user.
Claims for shortages in unopened cartons sealed at B.E.M.'s factory must be reported to B.E.M. with two (2) days from receipt of the shipment. No claims will be allowed thereafter.
VI. CANCELLATION CHARGES
Orders for special or custom product may be canceled provided we are reimbursed for expenses incurred. Orders for standard products may be canceled without charge providing request is received prior to order processing.
VII. LIMITED WARRANTY.
Subject to the limitations of Section VIII and unless otherwise provided herein, Seller warrants title and that all goods sold shall conform to Seller's standard specifications or to the attached specifications, if any. SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE GOODS, whether used alone or in combination with other devices.
VIII. LIMITATION OF LIABILITY.
A. Within ten (10) days after receipt of each shipment of goods, Buyer shall examine such goods for any damage or defect. All claims for any cause whatsoever shall be deemed waived unless made in writing and received by Seller within thirty (30) days after Buyer's receipt of the goods. Failure of Seller to receive written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Buyer of such claims.
B. BUYER'S EXCLUSIVE REMEDY SHALL BE FOR DAMAGES, AND SELLER'S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE GOODS IN RESPECT TO WHICH SUCH CAUSE ARISES OR, AT SELLER'S OPTION, THE REPAIR OR REPLACEMENT OF SUCH GOODS, AND IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY SUCH CAUSE.
The validity, interpretation and performance of this contract and any dispute connected herewith shall be governed and construed in accordance with the laws of the State of Kansas. This contract constitutes the full understanding of the parties, a complete allocation of risks between them, and a complete and exclusive statement of the terms and conditions of their agreement. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the terms or conditions of this contract shall be binding unless hereafter made in writing and signed by the party to be bound, and no modifications shall be effected by the acknowledgment or acceptance of purchase order or shipping instruction forms containing terms or conditions at variance with or in addition to those set forth herein.