DBR Associates, LLC, Inc. - Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN DBR ASSOCIATES, LLC's INVOICE OR OTHER DBR ASSOCIATES, LLC DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND DBR Associates, LLC HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between Customer and DBR Associates, LLC. Customer accepts these terms and conditions of sale by making a purchase or placing an order with DBR Associates, LLC' Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and DBR Associates, LLC relating to the terms and conditions of sale of products and services on the Site. All sales are retail and not for resale. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in DBR Associates, LLC's invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN FULTON COUNTY, GEORGIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN BALTIMORE COUNTY, MARYLAND AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Risk of Loss
If Customer provides DBR Associates, LLC with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for DBR Associates, LLC, title to products and risk of loss or damage during shipment passes from DBR Associates, LLC to Customer upon shipment from DBR Associates, LLC's facility. For all other shipments, title to products and risk of loss or damage during shipment passes from DBR Associates, LLC to Customer upon receipt by Customer. Receipt will be determined by the delivery status of the DBR chosen third party carrier (e.g. UPS, Fedex, DHS, etc.). DBR will not be held liable for carrier errors, stolen packages or other issues arising from the operations of third parties. All issues relating to carrier package loss, package theft, and carrier mistakes must be addressed between the customer and the carrier. Title to software will remain with the applicable licensor(s). DBR Associates, LLC retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by DBR Associates, LLC were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Customer understands that DBR Associates, LLC is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not DBR Associates, LLC. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by DBR Associates, LLC. In connection with services, neither affiliates of DBR Associates, LLC nor third party service providers are agents of DBR Associates, LLC and DBR Associates, LLC has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
DBR Associates, LLC AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF DBR ASSOCIATES, LLC, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing Information; Availability Disclaimer
All pricing is subject to change. DBR Associates, LLC reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, DBR Associates, LLC cannot guarantee that it will be able to fulfill Customer's orders.
Limitation of Liability
NEITHER DBR ASSOCIATES, LLC NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER DBR ASSOCIATES, LLC NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY DBR ASSOCIATES, LLC OR ITS AFFILIATES, NEITHER DBR ASSOCIATES, LLC NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
DBR Associates, LLC will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that, in some instances, DBR Associates, LLC and it's affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases DBR Associates, LLC, DBR Associates, LLC and their affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by DBR Associates, LLC on behalf of DBR Associates, LLC solely in the capacity as an independent sales agent.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or DBR Associates, LLC's advertising and marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF DBR Associates, LLC, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Maryland. If arbitration is chosen by any party with respect to a Claim, neither DBR Associates, LLC nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration will take place in the state of Maryland. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to DBR Associates, LLC arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon providing payment to DBR Associates, LLC unless the order is expressly accepted (credit card transactions processed on the site DO NOT constitute acceptance of an order) by DBR Associates, LLC and we reserve the right to cancel any order for any reason and return the original funds in full or partially if only a portion of the order can be fulfilled. Terms of payment are within DBR Associates, LLC' sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. DBR Associates, LLC may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold DBR Associates, LLC harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of DBR Associates, LLC' costs of collection, including court costs, filing fees and attorney's fees. All payments by Paypal or wire transfer must be completed within 24 hours of sale. If an order is not paid within the 24 hour window the order will become null and void.
Price Comparisons, "Original Price" and "Your Savings"
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing."Original Price" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the original price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at the original price in any particular location or at any particular time. Any reference to savings for the customer reflects the difference between our price and the supplier provided original price sometimes shown on our sites. Because the original price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Consent to Collection, Use & Disclosure of Your Personal Information
While DBR Associates, LLC takes reasonable steps to safeguard and to prevent unauthorized access to your personally identifiable information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information, including but not limited to your personally identifiable information. IN NO EVENT SHALL DBR Associates, LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER COMPENSATORY, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DBR ASSOCIATES, LLC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Consent To Our Communication With You By E-Mail
By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for DBR Associates, LLC to contact you at your e-mail address. To stop receiving our marketing emails, use the link at the bottom of our emails.
Conditions of Sale and Payment Terms
To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority or be the authorized representative of a corporation, limited liability company, partnership, or other legal entity. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final, subject to the Return Policy defined more in this website.
Ground Service is usually delivered within 3-10 business days after shipping from our warehouse. All orders typically require 1-2 business days for processing before shipping from our warehouse, however this time is longer for pre-order items, bundles and other items that may require longer handling times. DBR Associates, LLC does not assert or guarantee any specific handling or shipping times for a specific product purchase - rather we publish the speeds advertised to us by our third-party carriers. Business days do not include holidays and weekends. DBR is not responsible for carrier delays.
FedEx, UPS and USPS Expedited service is a class of service offered by each carrier and is not a guarantee of service. None of our shipping carriers guarantee any specific delivery times. All orders require at least 1-2 business days for processing before shipping from our warehouse by whatever level of carrier service is offered and selected for a specific transaction. Business days do not include holidays and weekends. DBR is not responsible for handling or carrier delays.
If you think you may have received the wrong product(s) you can request an RMA by sending an email to firstname.lastname@example.org with your name, address, order #, description of the issue with a picture showing model number of the incorrect item within 30 days of your date of purchase on our site and we will send you an RMA # for you to include on your return shipping label, along with the proper returns facility address for your order. Once the items are received by DBR’s team, the items will be inspected in accordance with our return policy stated below and the customer will be contacted to inform them of the next steps. If returned items are resellable as new as defined by the return policy below, the customer will be sent the correct item or a refund of the purchase price. If the item being returned is damaged, DBR reserves the right to charge a restocking fee as defined by the return policy below. Customers must carefully review their orders prior to opening OEM product boxes or shrink wrapping to ensure the smoothest return process possible to ensure the customer gets exactly what they ordered in the event of a mistake with their order.
If you change your mind or have received a defective item then to begin the return process, email your name, address, order # and a description of the issue to email@example.com. From here, our customer service team will reply to your message within 1-3 business days to request more information regarding your issue, provide an RMA #, shipping instructions, and/or provide you with the Original Equipment Manufacturer (OEM) contact number for our OEM partners that require customers return defective items to them directly. Please note, DBR is not the OEM of the products we sell and thus returns for defective items must go directly back to those select OEM’s to complete your return.
Please note that DBR Associates, LLC does not cross-ship any items, even if you feel you may have ordered incorrectly or received the wrong product.
Unless otherwise stated on the product page or otherwise on our website, you have 30 days from the date of your order placement (regardless of when you took delivery of the product) to request a valid RMA from firstname.lastname@example.org. Once an RMA is issued you have 10 days to return the product to us for evaluation. RMAs must be valid, unexpired, and issued for the product being returned. Only one RMA is issued per return. When it expires, you may no longer return your product.
If you are ineligible for an RMA, we suggest you contact the manufacturer directly for possible support.
Except as provided for verified defective products, customers are responsible for return shipping charges.
Products returned (return shipment postmarked) within 10 days of RMA issuance at the customer's expense in new and unopened and perfect condition with all packaging and item materials and manuals exactly as sold and that can be resold as new are refunded for the full item amount. Additionally, If packages are requested to be intercepted or are refused or if a pre-paid label is requested and provided for the return, then the additional shipping cost incurred by DBR Associates, LLC is deducted from the return amount.
Products returned (return shipment postmarked) within 10 days of RMA issuance at the customer's expense that are returned opened in cosmetically non-perfect conditions that can be resold as open box items in the sole discretion of DBR Associates, LLC return evaluation personnel are subject to a minimum of a 15% fee which covers the cost of the reduced item value, re-packaging, testing and handling. The amount of the fee will vary depending various factors that DBR has determined will dictate the price DBR can resell the item as an open box sale. Additionally, If packages are requested to be intercepted or are refused or if a pre-paid label is requested and provided for the return, then the additional shipping cost incurred by DBR Associates, LLC is deducted from the return amount.
Products returned (return shipment postmarked) within 10 days of RMA issuance at the customer's expense that are missing item parts, item components, internal components, manuals, warranties or missing one or more separate items that are part of a larger item purchased that can be resold as open box items at a lesser amount due to the missing items at the sole discretion of DBR Associates, LLC return evaluation personnel are subject to a reduced refund that subtracts the value of the missing items. This reduction is variable based on the value of the items missing and ranges from 30% - 70%. Additionally, If packages are requested to be intercepted or are refused or if a pre-paid label is requested and provided for the return, then the additional shipping cost incurred by DBR Associates, LLC is deducted from the return amount.
Products returned that are missing item parts, item components, internal components, manuals, warranties or missing one or more separate items that are part of a larger item purchased that cannot be resold as open box items at a lesser amount due to the extent of missing items at the sole discretion of DBR Associates, LLC return evaluation personnel are not eligible for refund. These items will be shipped back to the returning customer if requested within 30 days of the not eligible for return email notification. After 30 days, these items will be disposed of.
Products that have digital delivery are not returnable individually or if part of a product bundle. If a digital delivery product was part of a bundle, the bundle may still be returned with all non-digital components subject to the conditions stated above, however MSRP of the digital product will be deducted from the return.
Full Item Refund Criteria
To be eligible for full item refund, All returns must include the following:
Original packaging (manufacturer's box, Styrofoam, plastic bags, shrink wrapping, etc.)
Original intact UPC barcode. Do not cut out the UPC code until you have examined and tested the product to your satisfaction. Removal of the UPC code voids any possibility of return regardless of RMA or credit request status.
Valid Return Merchandise Authorization (RMA) written on the shipping label.
The return must be complete and include all accessories (transformers, antennas, remote controls, batteries, software disks, etc.), Manufacturer documentation (manuals, warranty cards, registration information, etc.)
The RMA number must not be written on the original manufacturer's packaging or box. Please write the RMA number on the label used to return the item or the brown shipping box. Items received with any writing on the original manufacturer's packaging or box will not be eligible for full item refund.
We reserve the right to notify customers and cancel the sale for any reason. We shall not be held liable for any such cancellation and/or closure.
Returns and adjustments to methods of payment may take 3-14 business days after the return is authorized. Returned product must have an RMA number written on the shipping label.
Customer is responsible for shipping charges to DBR Associates, LLC returns facility for all products being shipped for return, exchanged or replaced. Products exchanged or replaced will be shipped by DBR Associates, LLC to Customer, at DBR Associates, LLC' expense, using the same shipping method as was used by Customer to ship the original products back to DBR Associates, LLC.
Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. DBR Associates, LLC is not responsible for any loss or damage that occurs to products shipped for return, exchange, or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHS. This is for your protection as well as to ensure quick action on your return.
DBR is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 1.800.599.0158 or email our team at Solutions@dbrtechpartners.com with Disabled Access in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly. ----