Terms & Conditions
Copyright 2023 by Bayland Technologies, Inc.
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All trademarks are property of their respective holders. All rights reserved. Copyright in this document is owned by Bayland Technologies, Inc. Use of this site implies to any person to use, view, copy, print, and distribute this site’s documents subject to this agreement and the following terms of use. Please do not use this site if you do not agree to abide by the terms and conditions set forth below.
Copyright
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 Bayland Technologies, Inc. or its content suppliers and protected by United States and international copyright laws. All pictures uploaded to the site or submitted to Bayland Technologies, Inc through email are a property of Bayland Technologies, Inc. The compilation of all content on this site is the exclusive property of Bayland Technologies, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Bayland Technologies, Inc. or its software suppliers and protected by United States and international copyright laws.
Trademarks
Bayland Technologies, Inc. and other logos and service names are trademarks of Bayland Technologies, Inc. may not be used in connection with any product or service that is not Bayland Technologies, Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bayland Technologies, Inc. All names, product names, logos, trademarks or registered trademarks are property of their respective companies including but not limited to, Barco, EIZO, NEC, NDSsi, Siemens, JVC Totoku and Vidar.
Disclaimer
While Bayland Technologies, Inc. uses reasonable efforts to include accurate and up-to-date information on this Web site, Bayland Technologies, Inc. makes no warranties or representations as to its accuracy. Bayland Technologies, Inc. assumes no liability or responsibility for any typographical or other errors or omissions in the content on this site. In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical or other error, Bayland Technologies, Inc. shall have the right to refuse or cancel any orders placed for the product listed incorrectly. Bayland Technologies, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Bayland Technologies, Inc. shall issue a credit to your credit card account in the amount of the charge. If a product offered by Bayland Technologies, Inc. is not as described, your sole remedy is to return it to Bayland Technologies, Inc. for a refund.
Service Providers
Bayland Technologies, Inc. is an independent service provider. Bayland Technologies, Inc. is not an Authorized Distributor or Authorized Service Center and makes no representation for Barco products
Your liability and use of our website:
When using the Bayland Technologies, Inc. website you agree to:
- not do anything that might damage or interrupt the access to the Bayland Technologies, Inc. website server or material available on the website;
- not disseminate or otherwise use or access defamatory, abusive, offensive, threatening or otherwise objectionable material information or send any form of bulk communication including "spam" emails;
- where applicable ensure that your username and password is used with care. You will be responsible for activities and orders made under your password. Bayland Technologies, Inc. may ask you to change your password if it believes there is a breach of security or misuse of the Bayland Technologies, Inc. website;
- not abuse the rights of another individual's privacy or make unauthorized or fraudulent orders or requests for services;
- not breach any laws concerning the use of electronic communications and public communication networks;
- not do anything or cause anything to be done that may infringe or damage any intellectual property rights (including, without limitation, copyright and trademarks) of Bayland Technologies, Inc. or a third party;
- not obtain unauthorized access to the website.
Terms of Sale
Bayland Technologies, Inc. retains ownership in all products sold until balance is paid in full. All pricing in US funds only. Any duty charge is customer's responsibility. Bill To is responsible for core charges if applicable. By using your shipper ID, you are responsible to pay any state tax and it becomes your responsibility to file for any shipping damages. When units are repaired we guaranty only the parts installed by us under condition of normal usage for a period of ninety days after date of repair. There is no warranty or guaranty of merchantability, or fitness for a particular purpose with respect to the services performed or parts furnished by us. All merchandise is brand new unless otherwise is stated. Items not accompanied by a warranty card are guaranteed for 90 days from date of purchase. Warranty does not cover any damage due to accidents, shipping, misuse or negligence.
All sales are final unless DOA or received damaged in shipping, shipped by Bayland Technologies, Inc. We do not accept return on new items. New items with defect or functionality problem must be sent to manufacture for service and warranty replacement. All other items are subject to 25% restocking fee.
Special order items are non-cancelable and non-returnable. Large volume orders are non-cancelable once the product is shipped by Bayland Technologies, Inc. Purchased items needing service must be sent to service center with full insurance coverage and freight charges prepaid. Returns are accepted within 30 day of placing the order. If you item is new, return returned in used or altered condition will not be accepted. Software cannot be returned if a license key has been issued. Exchanges are accepted up to 30 days of received date. You must call for RMA to return an item and ship fully insured and freight charges prepaid. Returns without RMA number or sent freight collect will be rejected.
All renewed (refurbished) merchandises are quality controlled before leaving our premises. Therefore, the risk of loss or damage to the goods shall pass to buyer as soon as a carrier for delivery to buyer picks up such goods. Buyer should therefore inspect all packages for damages before signing delivery receipt. Claims should be filed immediately with the carrier (not the seller) for merchandise damaged in transit. If merchandise is not in good working order, buyer's sole remedy shall be replacement or repair. Seller makes no warranty of merchantability, fitness or application of the goods and in no event is liable for any damage, incidental or consequential, except to the extent prohibited by applicable law. Some states do not allow the limitation and exclusions may not apply to buyer. Warranty will be voided if full payment is not received within the terms of this transaction. "These commodities, technology or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited."
Shipping Options, Fees and Transit Time
Shipping rates, shipping delivery dates and shipping services are estimates and are not guaranteed. Shipping times do not include the handling time and/or fees associated. Bayland Technologies, Inc. is not responsible for delays on delivery by shipping carrier and cannot be held responsible for any delay on delivery. Shipping and delivery times on international orders are subject to customs clearance and delays and Bayland Technologies cannot guarantee exact delivery dates regardless of the type of shipping method selected during checkout. The buyer has the option to contact Bayland Technologies, Inc. and request to have their item shipped under their shipping account number and have the service billed to their account instead.
Upon the receipt of the product, the recipient shall have a period of seven (7) calendar days to report any manifest physical damage to the product to Bayland Technologies, Inc. Beyond this seven-day period, Bayland Technologies, Inc. shall be under no obligation to initiate an insurance claim with the shipping carrier on account of such damage. For any claim to be deemed valid, the recipient is required to retain and present the original packaging of the product, and there must be conspicuous physical damage to the packaging. Furthermore, all claims must be substantiated with photographic or video evidence. Neither Monitors.com, Bayland Technologies, Inc., nor any of its affiliated entities shall bear any liability for claims tendered after the lapse of the aforementioned seven-day period following the product's arrival.
Links to Other Sites
The links in this area will let you leave this site. The linked sites may not be under the control of Bayland Technologies, Inc. and Bayland Technologies, Inc. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. These links are provided only as a convenience, and the inclusion of any link does not imply endorsement of the site.
Applicable Law
Bayland Technologies, Inc. is a Texas corporation headquartered in Houston, Texas. Parties contracting with Bayland Technologies, Inc. acknowledge that all contracts are formed and performed in Houston, Texas. As such, any party entering into a contract with Bayland Technologies, Inc. agrees that the terms of the contract are to be construed in accordance with Texas law and agrees that any litigation shall be filed in Houston, Harris County, Texas.
International Users
The Service is controlled, operated and administered by Bayland from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bayland Content accessed through http://www.monitors.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Bayland, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bayland reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bayland in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BAYLAND TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BAYLAND TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BAYLAND TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAYLAND TECHNOLOGIES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAYLAND TECHNOLOGIES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination & Access Restriction
Bayland reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bayland as a result of this agreement or use of the Site. Bayland's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bayland's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bayland with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bayland with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bayland with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Bayland reserves the right, in its sole discretion, to change the Terms under which http://www.monitors.com/ is offered. The most current version of the Terms will supersede all previous versions. Bayland encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Bayland Technologies, Inc. welcomes your questions or comments regarding the terms:
Monitors.com
4500 W 34th St, Ste K
Houston, Texas 77092
sales@monitors.com
800-801-8432
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Effective as of March 30, 2018