ToC/ToS

TOC- Terms & Conditions

Revision Date: 06/06/2018
Bensonmart.com has created this terms and conditions statement in order to demonstrate our firm commitment to plans, warranty, service policy and return/refund policy. The following discloses the information gathering and dissemination practices for this Web site.

The  Products

These terms and conditions of this service contract (“Terms and Conditions”) govern the hardware services we will provide you under the above-mentioned plans (each referred to herein as a “Warranty Plan”) for the product identified on your purchase receipt as having coverage under a Plan (“Covered Product”). These Terms and Conditions describe the coverage under each type of Plan (“Coverage”).

Standard Return Policy
  • Bensonmart.com accepts returns for up to 30 days on qualifying products. Product Warranty is the responsibility of the Manufacturer unless otherwise specified. Please contact us for Manufacturer Contact Information or Proof of Purchase if needed to submit an RMA (Return merchandise authorization) with the product’s manufacturer.
  • Return for refund/replacement within: 30 days
  • Restocking Fee for products without defect: 15.00%

All returns must include the following or it will be declined and returned back to you at your cost:

  • Receipt or other Proof of Purchase.
  • Original UPC/serial# intact on product and on retail package.
  • All accessories, manuals, warranty registration card, etc.
  • Must be in original condition with no physical damage.
  • Valid RMA number for the correct product and order.
Standard Warranty Plan:

Standard Warranty Plan includes Hardware Diagnostic and Repair/Replacement on faulty hardware under normal use, for one year from date of receipt;

  1. Except to the extent covered by the manufacturer’s warranty and subject to the conditions stated in these Terms and Conditions, Warranty Plan, we will repair your Covered Product in the event of a hardware failure resulting from:
  • Defects in material or workmanship;
  • Normal wear and tear;
  • Internal overheating, internal humidity/condensation;
  • Defective pixels for Covered Products that have a pixel-based display. Pixel repair will be approved based upon manufacturer’s requirements for defective pixels throughout the entire display area;

Warranty does NOT cover failure or damage resulting from misuse, abuse, accident, modification, unsuitable physical or operating environment, natural disasters, power surges, improper maintenance, or use not in accordance with product information materials. Additional information regarding warranty limitations can be found in the LIMITATION OF LIABILITY and EXCLUSIONS TO COVERAGE sections below.

All warranty claims under Warranty Plan MUST be dropped off at any location by the Client. Warranty Plan does NOT cover Pick-up, Delivery, or repairs by Bensonmart.com. employees or technicians.

Extended Warranty Plan

Extended warranty includes the same coverage as the Standard Warranty Plan for the 2- or 3-year Warranty Period specified on your receipt.

LIMITATION OF LIABILITY

For any single claim, the limit of liability is the lesser of the cost of (a) repairs authorized by us, (b) replacement with a new or refurbished product of comparable type and quality that is of comparable performance or (c) reimbursement for authorized repairs or replacement. The total liability under this Plan is the current market value (as determined by us) of your Covered Product in its non-defective state, not to exceed the original purchase price of your Covered Product, including taxes. Technological advances may result in a replacement product with a lower selling price than the original Covered Product. In the event that the total of all authorized repairs exceeds the current market value of your Covered Product (in its non-defective state) or we replace the Covered Product, we shall have satisfied all obligations under the Plan.

EXCLUSIONS TO COVERAGE

In addition to any other Coverage and Product- specific exclusions identified above, claims and Coverage under this Plan will be denied in the following situations:

  • If the damage to your Covered Product was caused by accident, abuse, neglect, physical damage, misuse (including faulty installation, repair, or maintenance by anyone other than a authorized service technician), unauthorized modification, viruses and/or spyware, performance failures due to not maintaining firmware updates, unsuitable environment (including extreme temperature or humidity), external condensation, mold, immersion/submersion in liquid (e.g., pool, bathtub), lightning, fire, flood, insect infestation, rodents, war, terrorism, computer software related failures, Acts of God or other external causes, or use not as the manufacturer intended, as stated in your manufacturer’s warranty;
  • If your Covered Product was lost or stolen (this Plan only covers Covered Products returned to us in their entirety);
  • If the serial numbers on your Covered Product have been altered, defaced or removed or if you submit a claim for a product having a different serial number than the serial number our records indicate for the Covered Product;
  • If the damage to your Covered Product was caused by a device other than your Covered Product, including equipment purchased at the same time as your Covered Product, controllers, consumable parts such as batteries, etc., unless otherwise expressly allowed herein;
  • If the use of the Covered Product is not consistent with either its design or the way the manufacturer intended it to be used, e.g., humidity damage on computers not designed for outdoor use;
  • If the Covered Product was damaged due to contact with any human or animal bodily fluids;
  • If the damage to the Covered Product is secondary damage (e.g., there is a car accident and the Covered Product is damaged by the car accident);
  • If there is damage to the Covered Product that is excluded or not covered under this Plan, including products attached to the Covered Product, such as components or add-on accessories.
Subscribing to the Service

Client subscribes for the services by selecting the options available during the the sign up process.

Termination of Access and Services

You agree that Bensonmart.com in its sole discretion may terminate your use of services if Bensonmart.com believes that you have violated our policies. Further you agree that Bensonmart.com shall not be liable to you or any other third- party for any termination of your access to the services.

Payments

You must pay with one of the following:

A valid Debit or Credit card, A valid checking or saving account with sufficient funds to cover the transaction.

Bensonmart.com will not automatically renew your services unless the services are not renewed under this agreement.

Information and Accuracy

Client has sole responsibility for the accuracy of all the information. We are not responsible for reviewing and validating the client’s information.

Indemnity

Client agrees to indemnify and hold harmless Bensonmart.com, its employees, officers against any and all liability ( including recoveries, damages, deficiencies and attorney’s fees).

Data Backup and Storage

It is client’s responsibility to back up onto cliet’s own local computer all data including data submitted to the Bensonmart.com.

Fees & Payment

Subscription fees are recurring monthly fees. Subscription Fees are the fees indicated during sign up process. Yearly plans is optional.

Automatic Credit Card Payments

Client agrees to provide Bensonmart.com with credit card information. During the Term, Bensonmart.com may charge the applicable credit card for Subscription Fees each month.

Late Payment

Customer may not withhold or “setoff” any amounts due hereunder. Bensonmart.com reserves the right to suspend Service until all past due amounts are paid in full.

Cookies Information

We do not use cookies.

Children’s Online Privacy

We understand the importance of protecting children’s privacy. Our service is not directed to children. We do not collect information from anyone under age 13.

Refund and Cancellation Policy – Services

Following are refund policies if you are not fully satisfied with our services.

In the event of cancellation/termination of services, we may issue a refund of prepaid effective at the beginning of next month of your service. No refunds shall be made for the current month of services, regardless of the day on which you cancel the request.

In the event of termination for annual discounted services, any refund will loose the benefit of that discount and you would be considered on month to month subscription.

For an example, if client paid $500 for 1 year services, and the monthly subscription was $50 at the time of purchasing the services. Thus, if you cancelled during the 5th month of the year for which you prepaid, we would charge you $250 (5*50) and grant you a refund of $250 ($500 – $250).

Refunds are made in the same tender as original payment.

Updates to Our Policy

We may update the policy. We notify our clients via emails if any changes are made in our policy. We also encourage you to review the policy periodically on this page.

You hereby acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You further agree that this is the complete and exclusive agreement between us, and this Agreement supersedes any proposal or prior agreement whether oral or written, and any other communication between us relating to the subject matter of this Agreement.

Security and Passwords

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

Contact Us

If you have any questions or concerns about the terms of service, kindly contact us at info@bensonmart.com

 

 75 Ocean Avenue,

Buffalo, New York,

NY, 11225.

Contact

800-718-7776
info@bensonmart.com