Website Terms and Conditions
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
This site is provided on an "as is" and "as available" basis. No representations or warranties of any kind are made, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, this site's owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site's owner does not warrant that this site, its servers, or e-mail sent from this site are free of viruses or other harmful components. This site's owner will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The prices shown on the front will apply to product purchases and maintenance contracts under this Agreement. Payment is due prior to shipment unless Customer has an approved credit limit with BENCHMARK. Customer shall be responsible for all taxes related to the purchase of products under this Agreement.
BENCHMARK will ship all products to the address specified by Customer. Customer will be responsible for all costs of shipping and handling. Risk of loss shall pass to Customer upon delivery of the products to Customer's unloading facility. Title to software remains with BENCHMARK; title to all other products will pass to Customer upon full payment for such products.
BENCHMARK will return and refund any products within 30 days as long as the item is unused and returned in new condition. Customers are responsible for returning the product to BENCHMARK in the original packaging material. A 20% restock fee may apply to certain items. Custom or special order items are not refundable unless return is due to manufacturer error or defect. Credits will be processed after return items have been inspected.
SCANNER RETURN POLICY:
Scanners can be returned and refunded if the return request is made within 30 days of the original shipment date, the scanner is unused and is returned in the original packaging. The customer is responsible for the return shipping charges and a 20% restock fee will apply. Please email the Catalog Sales Department at email@example.com for a Return Authorization number. Used scanners cannot be returned for credit. No credits will be issued until the returned scanner is inspected by BENCHMARK.
BENCHMARK will provide maintenance services to Customer in accordance with maintenance option selected by Customer. Maintenance is available only if purchased at time of order.
Limitation of Liability
In no event shall BENCHMARK or DELUXE be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind or nature whatsoever, including without limitation, lost profits, loss of business, loss of revenues, loss of data or interruption or corruption of data, even if BENCHMARK or DELUXE was advised of the possibility of such damages.
In no event shall BENCHMARK's or DELUXE's maximum aggregate liability related to or in connection with this agreement exceed the total amount actually paid by Customer to BENCHMARK during the twelve (12) months immediately preceding the month in which the claim first arose, or the total amount actually paid by Customer to BENCHMARK if such payments have been made for less than twelve (12) months from when the claim first arose.
The equipment warranty will be the warranty provided by the manufacturer of the equipment and will be subject to all of the restrictions and limitations of the applicable manufacturer's warranty. BENCHMARK hereby assigns to Customer all assignable warranties, representations and indemnities granted to BENCHMARK by all equipment manufacturers, and all remedies for breach of such warranties, representations and indemnities.
To the extent that BENCHMARK is not permitted to assign any of such warranties and indemnities to Customer, BENCHMARK shall use commercially reasonable efforts to enforce such warranties and indemnities on behalf, and at the expense, of Customer to the extent BENCHMARK is permitted to do so under the terms of any applicable third party agreements.
The remedy provided by the manufacturer's warranty shall be Customer's sole remedy for defective products. BENCHMARK disclaims all warranties, express or implied, with respect to the products sold hereunder, including without limitation the implied warranties of merchantability and fitness for a particular purpose, and those arising from a course of performance, a course of dealing or trade usage.
This Agreement constitutes the entire agreement between Customer and BENCHMARK with respect to the products to be supplied hereunder, and supersedes all prior communications between the parties with respect thereto. No modifications or amendments to this Agreement, nor any waiver of its provisions, shall be valid unless in writing and signed by authorized representatives of both parties.
The terms and conditions of any written order or other instrument issued by Customer before or after the effective date of this Agreement pertaining to the products purchased hereunder shall not be applicable. Neither party to this Agreement will be liable for delay or failure to perform due to causes beyond its reasonable control.
This Agreement will be interpreted in accordance with the laws of the state of Georgia.