Terms and Conditions

Privacy Policy

bTrans respects the privacy of visitors to its web site. We place the highest importance on respecting and protecting the privacy of our customers and visitors. Therefore, we have developed and share with you the following privacy policy.

Personal Information
We work to protect your personal information from loss, misuse or unauthorized alteration by using industry-recognized security safeguards.. We use cookies and other technologies to keep track of your interaction on the bTrans website so we can constantly improve the experience you have.

Uses of Information
When we ask you for information, we will tell you – or it will be clear – what we need to know to fulfill your request and how the information you provide to us will be used. For example, if you request a product demo for download, we will ask you for your name and contact information such as mailing address, phone number, and e-mail address. bTrans may follow up with you after you have downloaded information.
In addition to responding to your request, if you agree, we may use your contact information to send you information about bTrans products or services that might interest you or invite you to participate in a product or service-related survey.
Further, if you agree, bTrans may provide your information to an authorized business partner of bTrans for follow up. In this situation, the business partner is providing further assistance for product information and sales fulfillment based on your interest in a bTrans solution.

We do not sell or rent your personal information to anyone.

Your choice and control.
We may use your contact information to keep you informed of BTrans news & events, to tell you about new upgrades, or alert you to other BTrans products we think might interest you. However, if you don’t want us to contact you, you can opt-out of future information releases. You can contact us If you have privacy-related questions that are not addressed here or wish to contact bTrans about privacy-related issues, please email us at admin_AT_btrans.com.

bTrans will not accept any other terms and conditions of sale, unless Buyer and bTrans have executed a master contract which specifically supersedes and replaces these terms and conditions. Acceptance of all purchase orders is expressly made conditional upon Buyer’s assent, expressed or implied, to the terms and conditions set forth herein without modification or addition.

1. ACCEPTANCE

Buyer’s acceptance of these terms and conditions shall be indicated by any of the following, whichever first occurs: (a) Buyer’s making of an offer to purchase Product from bTrans; (b) Buyer’s written acknowledgment hereof; (c) Buyer’s acceptance of any shipment of any part of the items specified for delivery (the “Products”); or (d) any other act or expression of acceptance by Buyer. bTrans’ acceptance is expressly limited to the terms and conditions hereof in their entirety without addition, modification or exception, and any term, condition or proposals hereafter submitted by Buyer (whether oral or in writing) which is inconsistent with or in addition to the terms and conditions set forth hereon is objected to and is hereby rejected by bTrans. bTrans’ silence or failure to respond to any such subsequent or different term, condition or proposal shall not be deemed to be bTrans’ acceptance or approval thereof.

2. DELIVERY

Unless otherwise agreed in writing, delivery shall be made in accordance with bTrans’ shipping policy in effect on the date of shipment. For all domestic transactions, unless otherwise stated on the front of the invoice, title to, and all risk of loss or damage with respect to the Products shall pass to Buyer upon delivery by bTrans to the carrier or Buyer’s representative at bTrans’ warehouse or plant. For all international transactions, the Product shall be sold on a delivered, insurance paid, duty and international freight unpaid basis. bTrans assumes no responsibility for charges attendant to Customs clearance in the country of delivery, customs duty, VAT or any other charges or taxes within the country designated for delivery by the Buyer. Title and risk of loss shall pass to the Buyer upon delivery to the port designated by the Buyer and prior to Customs clearance. Delivery is subject to the payment provisions set forth herein and to bTrans’ receipt from Buyer of all necessary information and documentation from Buyer including all import certificates, exemption and/or resale certificates, licenses and other documents as may be required from Buyer for export of the Product. Buyer shall promptly notify bTrans, in no event later than five (5) business days after delivery, of any claimed shortages or rejection as to any delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for any such rejection. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery. bTrans shall not be liable for any shipment delays beyond the reasonable control of bTrans which affect bTrans or any of bTrans’ suppliers, including, but not limited to, delays caused by unavailability or shortages of Products from bTrans’ suppliers; natural disasters, acts of war; acts or omissions of Buyer; fire, strike, riot, or governmental interference; unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable rate s; failure or destruction of plant or equipment arising from any cause whatsoever; or transport failures.

3. PRICE AND PAYMENT

Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes), as well as import or customs duties, license fees and similar charges, however designated or levied on the sale of the Products (or the delivery thereof) or measured by the purchase price paid for the Products. (bTrans’ prices set forth on the front side of the invoice do not include such taxes, fees and charges.) Exemption certificates must be presented prior to shipment if they are to be honored. Unless otherwise specified, payment terms are COD. bTrans, at its discretion, may require reasonable advance assurances of payment through irrevocable bank letters of credit or otherwise. All unpaid invoices shall bear interest at an amount equal to 1-1/2% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Buyer’s failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of unpaid delivered goods and termination of any one or more sales agreements. Notwithstanding any “net” payment provisions specified on the invoice, bTrans shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by bTrans at any time and without prior notice. bTrans retains (and Buyer grants to bTrans by submitting a purchase order) a security interest in the Products to secure payment in full and compliance with all sales agreements, and Buyer agrees to execute any additional documents necessary to perfect such security interest. In the event the sales invoice shall be placed by bTrans in the hands of an attorney for the purpose of collection, with or without litigation, or for the purpose of enforcing bTrans’ security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney’s fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor’s rights proceedings. If a sale is to occur, or the Product is to be shipped, outside of the United States, Buyer acknowledges and agrees that the amount due bTrans is contracted in U.S. Dollars and that payment in U.S. Dollars is of the essence. Any payment by Buyer in local currency or the receipt by bTrans of local currency as a consequence of enforcement procedures against Buyer will be deemed an authorization for bTrans to use that local currency to purchase U.S. Dollars or, if such purchase is prohibited by local law, an authorization to purchase appropriate bonds or other instruments and export them from the Buyer’s country in order to convert the currency into U.S. Dollars and apply the proceeds to the payment of any amounts owed to bTrans by Buyer. Any deficiency as a result of conversion of payment into U.S. Dollars shall be the responsibility of Buyer.

4. PRODUCT RETURNS

Return of Products purchased hereunder, whether for stock balancing purposes or because such Products are claimed to be defective, shall be governed by bTrans’ Product Return policies as set forth on bTrans’ website in effect on the date of the invoice, or as otherwise provided by bTrans to Buyer in writing. bTrans reserves the right to modify or eliminate such policies at any time. Although bTrans’ policies may permit Buyer to return Products claimed to be defective under certain circumstances, BTRANS makes no representations or warranties of any kind with respect to the Products. In the event customer is permitted to return or cancel an order for product and such return was not covered under any warranty applicable to the product, then bTrans shall assess a restocking fee equal to twenty percent (20%) of the purchase price for such product (Custom product orders or product which was shipped to the customer more than three months after the requested return date of the product cannot be returned). BTRANS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BTRANS WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE FOR BREACH OF WARRANTY.

The right to return defective Products, as previously described, shall constitute BTrans’ sole liability and Buyer’s exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Product, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. In the event bTrans issues a return authorization to Buyer allowing Buyer to return Product to bTrans, Buyer will deliver the Product to bTrans’ address in the United States, if so required by bTrans, and Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes) as well as import or customs duties, license fees and similar charges, however designated or levied, on any replacement Product to be shipped by bTrans to Buyer.

Standard Product Return
• A returned merchandise authorization (RMA) number must be issued for all returns.
• Product may be returned within 30 days of sale with valid RMA number.
• When returning product, place RMA number on packing slip & shipping label only. Do not write RMA number on boxes. Use a shell or outer box to avoid damage in transit.
• Product must be returned in its original packaging including all accessories, bags, CD’s and manuals.
• Credit will be issued only for returned items which reference an RMA number. If there is a problem or delay issuing credit, the tracking number must be provided to bTrans.
• Product must arrive at bTrans within 30 days of the RMA being issued.
• Items received outside of stated timeframe or in unacceptable condition will not be credited and will be returned to sender at buyer’s expense.
• Refused shipments must be reported to bTrans within 2 days of refusal.
• A restocking fee of 20% of purchase price will be will be charged and balance of credit will be issued on bTrans in-house account or original credit card account.
• Cross shipment of RMA product must include a replacement Purchase Order and your account must be in good standing.
• If a product returned as DOA is tested and there is no problem found, buyer will be subject to a $50.00 fee.

Products bTrans Will Not Accept for Return
• Products that have been used.
• Original box is missing, damaged, or original box is defaced with writing or markings.
• Product is missing packaging, manuals, or other components.
• Broken case media, print heads, and software.
• Products not purchased from bTrans.
• RMA’s issued over 30 days prior to receipt.
• Referencing RMA number is not included with the return.
• Special Order, custom configured, discontinued, or obsolete products.
• Product shipped with other than factory default settings (includes configuration changes per reseller request).
• Serial numbers do not match the referenced invoice.
• Custom Media of any type.

Defective or Dead On Arrival (D.O.A.) Product Returns Policy
• D.O.A. Product is defined as a product that failed to perform right out of the box. If a unit arrives in working condition and then fails, it is considered a warranty claim.
• D.O.A. is not a valid reason for a return. If the product is tested and the problem is not duplicated, there may subject to a $50.00 fee as well as a 20% Restocking Fee.
• D.O.A. products can be returned within 30 days of invoice. Products that show signs of use are not returnable as DOA.
• Defective or D.O.A. products must include a case number or confirmation name from bTrans tech support or the appropriate manufacturer.
• For customer on credit terms, credit will be applied to your account when the product is received by bTrans. Replacement product will be sent in advance, freight free via UPS Ground.
• For customers on C.O.D. or Credit card status, replacement product will be sent upon receipt of product by bTrans. If desired, we will send replacement prduct at your normal C.O.D./Credit Card status and you can request credit from the credit department for a refund/credit to your card when bTrans receives the returned product.
• Product must be returned in its original packaging including all accessories, bags, CD’s and manuals. Please insure value of shipment and pack securely.
• Defective product older than 30 days is covered by the manufacturer’s warranty.

Product Damaged In Transit
• Damaged goods must first be inspected at destination by the freight carrier.
• Claims for goods damaged in transit must be received within 10 calendar days of shipment.
• Claims are handled between bTrans and the carrier, outside of normal RMA procedure.

Returns Process
• RMA number will be issued after confirming the product to be returned meets all return requirements.
• All product returns must be insured and sent via a carrier that provides on-line tracking.
• If product is returned it will be shipped at buyer’s expense, unless a bTrans error has occurred.
• RMA numbers must be listed on the label, not on the box.
• Return address will be issued at time of RMA.

5. LIMITATION OF LIABILITY

bTrans hereby assigns to customer, to the extent possible, the benefits of any warranties provided to bTrans by the manufacturer(s) of the product. bTrans warrants to customer for a period of thirty days following the performance of any installation work by bTrans, that such work will be performed in a good and workman-like manner. bTrans’ obligation and liability under this warranty is conditioned upon the receipt of prompt notice of defects as to parts and/or workmanship from Customer, and is limited to repairing or, at bTrans sole option, to replacing the product. This warranty shall be void if the product is damaged or rendered unusable by the willful act, negligence and/or tampering of persons other than bTrans. bTrans makes no warranty or guaranty for any hardware or third party materials. Customer understands that bTrans is not responsible for, and will have no liability for, hardware, software, or any other items or any services provided to customer by any persons other that bTrans. THE FOREGOING IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY BY BTRANS. BTRANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES OR INDEMNITIES FOR PATENT OR COPYRIGHT INFRINGEMENT.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PRODUCTS, REVENUE, DATA, OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE SERVICES PROVIDED HEREUNDER EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BTRANS LIABILITY FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNTS RECEIVED BY BTRANS FROM THE CUSTOMER. BTRANS SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND INCLUDING LOSS OF USE OF THE PRODUCT CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR PERFORMANCE OF THE PRODUCT. BTRANS SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND INCLUDING LOSS OF USE OF THE PRODUCT OR DATA AND STORAGE MEDIA USED THEREWITH, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR PERFORMANCE OF THE PRODUCT OR BY ANY SERVICES PROVIDED HEREUNDER.

6. GENERAL

These terms and conditions shall constitute the final, complete and exclusive agreement of the parties with respect to all sales by bTrans to Buyer and shall supersede all prior offers, negotiations, understandings and agreements. Unless Buyer and bTrans have executed a master contract which specifically supersedes and replaces the terms and conditions herein, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain the terms and conditions contained herein. No additional or different terms or conditions, whether material or immaterial, shall become a part of any sales agreement unless expressly accepted in writing by an authorized officer of bTrans in the United States. Any waiver by bTrans of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults hereunder. No failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. Any provision of these terms and conditions that is prohibited or unenforceable under the laws of the State of Florida shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidating the remaining provisions of these terms and conditions. All sales agreements shall be deemed made in, and shall be governed by, the laws of the State of Florida. The venue for any disputes arising out of any sales agreement shall be, at bTrans’ sole and exclusive option, Pinellas County, Florida or the courts with proper jurisdiction at Buyer’s location. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

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