Warranty Policy

BVS’ prices, specifications, and terms are subject to change without notice. Berkeley Varitronics Systems is not responsible for errors in typography and/or photography. All products and custom-built systems come with an original manufacture warranty and 1 Year technical support. Within warranty period, customer must pay shipping to BVS’ headquarters office in Metuchen, NJ on all repairs and services. BVS will pay return shipping costs and uses UPS Ground back to customer.

BVS Product Warranty
All items manufactured by BVS are warranted against defects in design, manufacturing and workmanship for a period of one year. If any product is in question, call for a Return Merchandise Authorization “RMA” to accompany the returned instrument. A return authorization number is required for all returns. All RMA work performed out of warranty will require payment in advance prior to return ship of equipment. Payment can be made via credit card or corporate check, then once the repair is paid for the equipment will be shipped back.

Product Returns
Returns are only accepted by prior written approval from BVS within (30) days of receipt from customer. All returns require an RMA to be issued from BVS. BVS does not warrant application of any product. In the event BVS agrees to accept return of any product, an RMA will be issued (shipping and any other fees are not refunded). All returns that are approved will receive a credit for that order (less shipping and restocking fee). If the customer chooses a 100% credit toward a new purchase they may exercise this within (1) year from the original date of purchase. Again, BVS does not in any way warrant applications; only published technical specifications.

Product Returns / Online Store Credit
If a customer wants to return their BVS product that was purchased from the BVS store website (www.BVsystems.com) within (30) days after receiving it, they may return that product (along with all accessories) to BVS in ‘like new’ condition. Once BVS receives that product back, instead of a refund, BVS will issue a 100% online credit for the entire amount for the original purchase to the customer (less shipping costs) that can be used to purchase any BVS product for up to (1) year after the credit was issued. This credit only applies to products originally purchased from www.BVsystems.com or www.ScottSchober.com website stores. If a customer purchases any BVS products from any online store other than www.BVsystems.com or www.ScottSchober.com, then that store’s posted return policy shall be adhered to instead.

Technical Assistance
Please feel free to call 8:30 AM – 5:30 PM Monday to Friday EST for technical assistance for any of our wireless products and/or software. Please have your unit serial number handy with approximate date of purchase so we can save time and assist you immediately.

You may send an email (24 hours) a day to support@bvsystems.com or Fax (732-548-3404) and we will do our best to respond in a timely manner. Make sure you supply your complete contact information, unit serial number, approximate date of purchase, and a brief description of the difficulty you are experiencing.

Back Orders
Any items that are unavailable will be placed on back order, and the remainder of your order will be shipped in a timely manner.

Order Status
Berkeley Varitronics Systems will do everything possible to keep you informed of your order via e-mail and/or phone. Your shipping tracking number will be emailed to you once the item is shipped. You may check online status page for live updates if your product is shipped by UPS or Fed-ex.

Change Orders
You may request a change to your order, provided your order has not already been processed or was a custom built instrument. Please call or e-mail during our business hours to change your order. If your account has already been charged or you have paid via wire transfer, you will receive a credit good only for future BVS purchases. Please always have your purchase order and quotation number ready. BVS will not reimburse for any reason on order changes or cancellations not received within 24 hours of the order confirmation e-mail.

Cancel Order
You may request a cancellation of your order, provided your order has not already been processed and shipped. Please call or e-mail during our business hours to cancel your order. If your account has already been charged or you have paid via wire transfer, you will receive a credit good only for future BVS purchases. Authorized returns within (30) days of purchase will receive a 100% credit towards a new purchase from the BVS store. BVS will not reimburse for any reason on order changes or cancellations not received within 24 hours of the order confirmation e-mail.

Product Return Procedure:

* To return a product based upon BVS’ replacement/return guarantee, you must obtain a Return Merchandise Authorization (“RMA”) number within the guarantee return period for the product (described above). All RMA must be requested by phone/fax/mail/info@bvsystems.com. BVS will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by BVS. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product and verify return address. Furthermore, please affix a business card to all returned items.

* Customer is solely responsible for shipping any returned product to BVS. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, BVS Return Procedure will be breached and BVS will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.

* BVS will not refund to Customer the original shipping charges, which is a service provided by UPS or FedEx and used.

* All RMA work performed out of warranty will require payment in advance prior to return ship of equipment. Payment can be made via credit card or corporate check, then once the repair is paid for the equipment will be shipped back.

2. WARRANTIES

Berkeley Varitronics Systems, Inc. (BVS) warrants to the original purchaser of its products, for a period of one year from the date of delivery, that its products are free from defects in both material and workmanship. In the event of a defect, contact BVS for an RMA number and return the instrument with all accessories to BVS in Metuchen, NJ, USA. BVS will repair or replace the unit generally within one (1) working day from receipt of the unit. Repaired units will be shipped back to customers at BVS’ expense via UPS Ground unless otherwise arranged. International customers are responsible for the cost for shipping, customs, duties and any applicable taxes associated with freight to and from BVS.

This warranty covers defects in materials and workmanship. Product technical support, provided that the product has not been subjected to unusual physical damage, including electromagnetic product stresses; or that the unit has been altered or modified in a manner not approved by BVS.

In addition, BVS will provide at no charge to the customer, calibrations, software and documentation updates throughout the warranty period. All units returned to BVS will be upgraded with the latest software revisions and returned within one (1) working day via UPS ground, unless otherwise arranged. Foreign customers must specify their preferred freight forwarder. Any documented software defects reported to BVS will be corrected by BVS at no charge for the life of the product.

This warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, expressed or implied, BVS specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. If BVS cannot lawfully disclaim implied warranties under this limited warranty, all such warranties, including warranties of merchantability and fitness for a particular purpose are limited to the duration of this warranty. No BVS reseller, agent or employee is authorized to make any modification, extension or addition to this warranty.

BVS is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming or reproducing and program or data stored in or used with BVS products and any failure to maintain the confidentiality of data stored on the product. BVS specifically does not represent that it will be able to repair any product under this warranty or make a product exchange without risk to or loss of programs or data.

3. LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES BVS MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. BVS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BVS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BVS IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders: An order is not binding upon BVS until it is accepted; BVS must receive payment before it will accept an order. Payment for product(s) ordered outside of the US is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with BVS. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the BVS invoice.

Title; Risk of Loss: BVS will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. BVS reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow BVS to sign appropriate documents on Customer’s behalf to permit BVS to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. BVS will advise Customer of estimated shipping dates, but BVS will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between BVS and Customer shall be governed by the laws of the State of New Jersey, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. BVS and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of New Jersey, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against BVS that is more than one year after the date of the applicable invoice.

Severability:If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New Jersey law.

Waiver:The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement:These terms and conditions, together with the BVS’ invoice respecting the products ordered by Customer, are the complete and exclusive agreement between BVS and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between BVS and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.