Terms and Conditions

Notice of Terms and Conditions specific to information on this Web site

BestFit Solutions Corporation (BFS) and/or its suppliers have made an honest effort to provide clear, accurate, and current information. However, applicable rules, regulations, and laws often change, and you are advised that inadvertent errors can occur. Additionally, BFS and/or its respective suppliers may make improvements and/or changes in the products and/or services at any time.

The information on this Web site has been carefully researched and provides some detail on matters of interest to users, however, is intended as general guidelines. The application and impact of rules, regulations, and laws can vary widely based upon the specific or unique facts involved. Thus, the information on this Web site is not intended to serve as legal, accounting, tax, or other professional advice, and you are encouraged to consult with your professional advisors on specific matters. BFS and/or its suppliers disclaim any responsibility for positions taken by users in individual cases or for any misunderstanding on the part of users.

The BFS Web site and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. BFS and/or its suppliers disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. BFS and/or its suppliers do not warrant that the BFS Web site will operate or perform in a manner that is uninterrupted or error-free, or that the BFS Web site or host server will be maintained free of viruses or other harmful code.

Trademarks.
Other product and company names mentioned herein may be the trademarks of their respective owners.

Links to third party sites.
BFS and/or its suppliers are providing these links to you as a convenience and resource. A link to a non-BFS web site does not mean that BFS and/or its suppliers endorse or accept any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of computer viruses and other harmful code.

Notices regarding documents, software, and services available on this website
Permission to use documents (such as white papers, press releases, datasheets and FAQs) from this server is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, and (2) use of such documents from this server is for informational and non-commercial or personal use only. Use for any other purpose is expressly prohibited by law.

Documents specified above do not include the design or layout of the BFS Web site. No logo, graphic, sound or image from this BFS Web site may be copied, imitated in whole or in part, or retransmitted unless permitted in writing by BFS and/or its respective suppliers. BFS and/or its suppliers disclaim all warranties and conditions with regard to any software that is made available to download from this server.

In no event shall BFS and/or its respective suppliers be liable for any special indirect or consequential damages, or any damages whatsoever resulting from loss of use, loss of data, or loss of profits, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.

With respect to any software downloaded by you from the BFS Web site, such software, and all elements thereof, are licensed to you by BFS and/or its suppliers for your personal use only. You may not modify or prepare derivative works based upon the BFS Web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the BFS Web site.

Notice specific to confidential or proprietary information received through this web site
This BFS Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. By sending BFS any information or material, you grant BFS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information.

BFS will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Terms and Conditions of Sales on this Website

General: BestFit Solutions Corporation (hereafter referred to as ”BFS” or “Seller”) and Customer (hereafter referred to as “Buyer” agree that all sales by Seller on any merchandise (hereafter referred to as “Goods” or “Products”) to the Buyer shall be governed by the following terms and conditions (hereafter referred to as “Agreement”).

Any additional terms or different terms or conditions proposed by the buyer are hereby rejected except for the terms that are identical with those as stated in Seller's invoice, written acknowledgement and this agreement. This agreement may not be changed, modified, or amended, except in writing signed by an authorized representative of Seller. Seller is not responsible for typographical error. An invoice is only provided to the buyer at the time of purchase.

Price: unless otherwise stated, all prices are quoted, by seller, based on US dollars and is subject to change without prior notice. Seller shall have the right to adjust the price of undelivered goods to current seller prices at the time of purchase.  All computer systems require a minimum 50 percent (50%) non-refundable deposit due at the time of system order. The remaining 50 percent (50%) is due prior to delivery or shipping.

Payment: Unless otherwise agreed, terms are prepaid for orders of Goods. Buyer agrees to pay the total price including Shipping and Handling, and any sales tax arising from the use of any product(s) according to the payment terms. In the event that credit terms are extended to Buyer, payment is to be received by seller, at our office, by the due date on the invoice. Invoices become PAST DUE on the day after the terms stated on the invoice. A Service Charge of 2 percent (2.0%) per month, not to exceed the maximum rate allowed by law, shall be made on any portion of buyer's outstanding balance, which is not paid by the due date.

If Buyer fails to fulfill its payment obligation, then seller may withhold deliveries and suspend performance of services, including but not limited to RMA service. As security for payment of any sum due under any agreement between buyer and seller, Seller shall have the right to retain possession in goods already shipped. Buyer agrees to execute any financing statements or provide any documents to Seller to protect security interest.

If Seller brings any legal action to enforce this agreement, Seller shall be entitled to recover all reasonable cost and expenses incurred, including but not limited to attorney's fees, suit fees, and court cost from the buyer. Seller reserves the right to suspend or terminate any credit terms granted to buyer at any time, without warning, at Seller's sole discretion. The buyer, as per Federal and Oregon law shall pay all cost related to the collection of payment.

Delivery: All product availability is subject to change without prior notice.
Delivery and completion schedules are always approximate and are based on conditions at the time of acceptance of buyer's order. Unless otherwise agreed, in writing, Seller shall deliver Goods to buyer F.O.B. origin. Any Shipping and Handling charges may be applied to the total amount due for any purchase, including special orders.

Risk of Loss: The risk of loss and/or damage passes to the buyer upon delivery (or pickup) by the carrier. Buyer is responsible for checking the completeness of hardware and/or software at each time of purchase. Shortages, missing parts, or errors must be clamed by buyer within two (2) working days after receipt of goods, otherwise delivery is deemed complete. Buyer shall give seller further reasonable time to cure any errors discovered within the above mentioned two (2) working days.

Credit, Refund or Exchange: All software sales are FINAL and sold “AS IS”. Hardware to be returned for credit will only be considered by seller if the product is: (i) within fifteen (15) calendar days from the purchase, (ii) in new and resalable condition (iii) accompanied by all original packaging and all accessories 
(iv) accompanied by the original invoice for the item(s) being returned (v) and with this invoice, all related invoices, if any. Seller is under no obligation to extend this fifteen (15) calendar day period.

Seller will not apply credit to goods including, but is not limited to,  hardware and software engineering defects, cracks, cuts, scratches, scorch marks, burn discoloration, burn deformation, burn discoloration, bent or missing parts, chemical contamination, excessive wear of electrical contacts, misuse, neglect, shipping, or unusual physical or electrical stress, or any item modified or adjusted or repaired by person other than seller's authorized personnel.

Due to industry volatility, all purchased hardware, that is returned, will be bought back (in addition to restocking fees) at the lower of (i) the current Seller's price or (ii) the invoice price. Equivalent replacement will be done at Seller's option.

This limited warranty is contingent upon proper use of the hardware products covered and does not cover hardware products which have been subjected to unusual physical or electrical stress. Seller makes no other express or implied warranty with respect to hardware products other than the limited warranty referred to above.

The liability of Seller, if any, for damages relating to any allegedly defective product shall under any legal theory, be limited to the actual price paid for such product(s) and shall in no event include incidental or consequential damages of any kind, even if seller is notified of the possibility of such damages.

Limited Other Manufactures Warranty:  This limited warranty is in lieu of all other warranties whether oral, written, express, or implied. Seller makes no warranty for a particular purpose or of merchantability.
Seller, in no way accepts or claims responsibility for warranties made by other manufacturers. All hardware goods sold by seller are warranted to be free of defects in material for the period of one year from the invoice date. Hardware goods that become defective during such period shall be repaired by sending the goods, at buyers expense, to the vendor, or manufacturer, or replaced at seller's option and is warranted only for the remainder the warranty period applicable to the product it replaces.

Hardware to be returned will only be considered by seller if: (i) within fifteen (15) calendar days from the purchase, (ii) in new and resalable condition (iii) accompanied by all original packaging and all accessories  (iv) accompanied by the original invoice for the item(s) being returned (v) and with this invoice, all related invoices, if any.

In the case of a return involving a discontinued product line, and at the discretion of a BFS Manager, an exchange may be considered with similar hardware, using the current value at the time of return, for the discontinued hardware or credit the buyer the value of the goods based on the current list price at the date goods were received for RMA service. A return of this nature may require several days to determine the current value. Seller is in no way obligated to have stock on hand for any exchange of merchandise of any kind.

Limited Seller Manufactured System Warranty: ALL THE ABOVE LIMITED OTHER MANUFACTURERS WARRANTY IS APPLICABLE. In addition, the following warrantees apply. Labor is warranted for a period of ninety (90) days from the invoice date. Labor warranty does not guarantee any preservation of any kind of data in the computer. Labor warranty applies only to warranty services performed by seller.

Disclaimer of Warrantees on all software: Seller makes no warrantees, either express or implied, with respect to any and/or all software and accompanying manuals and materials, regardless of their source, their quality, performance, merchantability, or fitness for any particular purpose. All such items are sold or licensed to buyer by seller on an “AS IS” basis.

The entire risk as to their quality and performance is with the Buyer. Should such software prove defective following their purchase, BUYER (and not seller or it's suppliers) ASSUMES THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN ANY SOFTWARE, IN NO EVENT WILL SELLER OR IT'S SUPPLIER BE LIABLE FOR DIRECT, INDIRECT, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN ANY SOFTWARE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Seller, it's hardware and software suppliers, make no warranty, express or implied, concerning the applicability of any hardware or software to any specific purpose. Seller accepts no liability for loss or damage caused or alleged to be caused, directly or indirectly by computer equipment or software sold by seller, including but not limited to any interruption of service, loss of business or anticipatory profits or special or consequential damages resulting from the use or operation of such computer equipment or computer software.

Force Majeure: In the event that seller's performance is prevented or delayed by strikes, riots, lockouts, war, embargoes, or exceptional impediments to transportation, earthquakes, fires, action by Federal, State or local governments or authority, action by foreign powers, acts of God, reduction of sources or supply or any cause or circumstances, not limited to the above, which are beyond seller's reasonable control, seller shall not be held liable for the consequences thereof and the obligation to make delivery or perform warranty service shall be suspended while the causes are in affect, until the resumption of work after termination of the cause(s). The forgoing shall apply even though one or more of the he causes exist at the time of the order or occur after seller's performance of it's obligations is delayed for other causes.

Laws and Jurisdictions: This agreement shall be construed and governed by the laws of the State of Oregon and the United States of America. If any provision of this agreement is invalid, then all valid parts severable from the invalid part remain in effect. Buyer hereby irrevocably submits to the jurisdiction of any State or Federal court within the County of Multnomah, City of Portland, Oregon. Buyer agrees to the venue of said court and that any dispute or legal action arising from this agreement shall solely be entertained in such courts. Buyer further agrees to (i) service of process by certified or registered mail or by any manner permitted by law,
(ii) irrevocably waives the defense of inconvenient forum and (iii) irrevocably waive trial by jury.