Warranty

Non-Clearance products are guaranteed to be materially free from defects under normal use and service for a period of 3 years from the date of shipment of the product to the original purchaser from BIYTC, a division of Happens Here Partners, LLC. Clearance products and Batteries are warranted for 1 years from date of shipment to customer..

 

WARRANTIES; DISCLAIMERS: The Seller represents and warrants that, at the time each item of Equipment is delivered, the Seller will be the lawful owner of such Equipment, free and clear of any liens and encumbrances (other than those which may arise from this Sales Agreement) and will have full right, power, and authority to sell the same to Purchaser. With the exception of those sales identified on the Sales Agreement or Invoice as “as is with no warranties,” Seller warrants the Equipment as follows: The Equipment will be free from defects in material and workmanship for the period of time specified on the original Sales Agreement or Invoice. The warranty period shall run from the date of shipment to Purchaser. Seller’s sole liability is limited under this or any other warranty to repair or replacement of the Equipment, or any part thereof, at Seller’s option, upon return to Seller, freight prepaid. The Purchaser, recognizing that the Seller is not the manufacturer of the Equipment, expressly waives any claim against the Seller based on any infringement or alleged infringement of any patent with respect to any item of Equipment or for any indemnity against such patent claim made by another against the Purchaser. All warranties shall expire immediately and without any notice when the product is discontinued by the manufacturer or is no longer readily obtainable in the secondary market as shall be determined by BIYTC, a division of Happens Here Partners, LLC. Warranties are non-transferrable.

 

PURCHASER EXPRESSLY WAIVES ANY CLAIM AGAINST THE SELLER, NOT BEING THE MANUFACTURER OF THE EQUIPMENT, RELATED TO FAILURE OF THE EQUIPMENT TO FUNCTION WITHOUT ERROR OR INTERRUPTION RELATED TO DATE DATA FROM MORE THAN ONE CENTURY. AS USED HEREIN "DATE DATA" MEANS ANY DATA OR INPUT, WHICH INCLUDES AN INDICATION OF OR REFERENCE TO DATE. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING ON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH ANY PARTICULAR ITEM OF EQUIPMENT FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTEES WHICH ARE NOT CONTAINED IN THIS SALES AGREEMENT. SELLER SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH PERFORMANCE OF THE EQUIPMENT OR ITS USE BY PURCHASER.

 

FORCE MAJEURE: Seller shall not be liable for any failure or delay in furnishing the Equipment, materials, or labor resulting from fire, explosion, flood, storm, act of God, governmental acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, transportation contingencies, difficulty in obtaining parts, supplies, shipping facilities, delay of carriers, or any other cause beyond the

 

If a product covered by this warranty is claimed to be defective, the customer must follow the warranty return policy described below. Upon receipt of returned products, BIYTC, a division of Happens Here Partners, LLC. at its sole discretion, will either choose to repair, replace or issue a credit to the customer’s account. The warranty period for the repaired or replaced product shall terminate upon the termination date of the original warranty period of the defective product.

 

This warranty does not cover Software products, Key Codes, Voice Mails, batteries, headsets, licenses and Extended Warranty agreements, Service Agreements or Special Order Items.

 

Warranties, Software, Key Codes, Voice Mails, Service Agreements and Special Order Items are not eligible for warranty return. Please contact your sales representative if you have any questions about product eligibility for warranty return.

 

Warranty Product Return Policy

RETURN POLICY: Purchaser may return Equipment purchased hereunder only upon prior authorization from Seller and provided that a return authorization ("RA") supplied by Seller accompanies the returned Equipment. Only Equipment that is unused, and which has been return shipped by Purchaser within thirty (30) days of the date of purchase of the Equipment, will be eligible for return. Purchaser shall be responsible for return freight and shall pay a twenty percent (20%) restocking fee for all Equipment returned.

 

If a product covered by this limited warranty is claimed to be defective, the end-user customer must request a Return Authorization (“RA”) in accordance with the Returns Procedures set forth below. An RA request will be approved only if the product is still within the warranty period, and the customer follows the Returns Procedures described below.

 

The defective product must be received by BIYTC, a division of Happens Here Partners, LLC, within 30 calendar days from the date the RA is issued. A defective product received by BIYTC, a division of Happens Here Partners, LLC. more than 30 calendar days from the date the RA is issued will not be accepted by BIYTC, a division of Happens Here Partners, LLC and will not be eligible for repair, replacement or credit.

 

BIYTC, a division of Happens Here Partners, LLC. will only pay the cost of freight for the defective product to be returned to us if the address is in the United States and, if the customer uses our approved freight carrier and account number provided in the RA documentation.

 

DISCLAIMERS

ARBITRATION: VENUE: In the event of a dispute arising out of this Agreement, or any obligation, representation or warranty contained herein, the parties agree to submit all such disputes to binding arbitration to be held in the City of Pontiac, State of Michigan, only. The arbitration shall be conducted pursuant to the rules of the American Arbitration Association. The losing party agrees to pay the prevailing party’s reasonable attorneys’ fees and costs and further agrees that the prevailing party may enter any monetary award arising out of the arbitration in any court of competent jurisdiction. Said arbitration shall be before one arbitrator and there shall be limited discovery allowed bearing directly upon the controversy.

 

MISCELLANEOUS

(a) Any changes to this Sales Agreement, or any consent or approval provided for herein shall NOT be binding upon Seller unless signed on its behalf by a duly authorized officer. This Sales Agreement shall be deemed to have been made in the State of Michigan and shall be governed in all respects by the laws of the State of Michigan. (b) This Sales greement constitutes the entire agreement between the Seller and the Purchaser with respect to the purchase of the Equipment described herein, superseding all prior correspondence between the parties (including, without limitation, any purchase orders submitted by the Purchaser to Seller). No provision of this Sales Agreement shall be deemed waived, amended, or modified by either party unless such waiver, amendment, or modification be in writing signed by the party against whom enforcement is sought. (c) This Sales Agreement shall not be assignable by Purchaser without the prior written consent of the Seller, and any attempted assignment without such consent shall be void. (d) All notices herein shall be in writing and shall be delivered in person or sent by registered or certified mail, postage prepaid, to the address of the other party as set forth herein or to such other address as such party shall have designated by proper notice. (e) If this Sales Agreement shall be executed by the Seller prior to being executed by the Purchaser, it shall become voidable, at Seller’s option, ten (10) days after the date of Seller’s execution thereof, unless the Seller shall have received by such date a copy thereof executed by an authorized representative of the Purchaser. Seller shall also have the right to void such Sales Agreement at any time prior to receiving a copy thereof, executed by an authorized representative of the Purchaser, by notice to Purchaser sent by U.S. Mail, fax, email or telegram, which notice shall be effective upon mailing or dispatch thereof. (f) By execution hereof, the parties hereby certify that they have read this Agreement and the Equipment Schedule(s) attached hereto, understand and agree to all terms and conditions stated herein, and that they are duly authorized to execute this Agreement on behalf of Purchaser and Seller respectively. Some states do not allow limitations on the length of implied warranties or do not allow the exclusion or limitation of incidental and consequential damages, so some of the above provisions may not apply to you. Some states provide for additional warranty rights and remedies. The provisions in this limitedwarranty are not intended to limit, modify, reduce, disclaim or exclude any mandatory requirements provided by states. This limited warranty gives you specific legal rights, and you may have other rights which vary from state to state.

 

Returns Procedures

To request a return material authorization, please email support@biytc.com or open a Support Ticket by clicking the Support Ticket link at the top of the page.

 

Please provide the following information in your request:

  • Company Name
  • Contact Name & Phone Number
  • Order Number
  • Part Number & Quantity
  • Serial Number
  • Reason for Return / Exchange
 

Return Shipping Instructions

  • All equipment must be returned in the same packaging condition in which it was originally delivered and include all accessory items i.e., power supply, cables, line cords, documentation etc. Missing accessories or damaged equipment resulting from substandard packaging will be charged to the customer.
  • All product returns must have the RA number listed on the return packing slip or external packaging.
  • An RA expires 30 days after it is created. If the RA expires before the product is received by us, the customer will not be eligible for credit or will incur a processing fee of $150.00 or 7% of sales price, whichever is less.