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Terms of service

OVERVIEW

This website is operated by Besender INC. Throughout the site, the terms “we”, “us” and “our” refer to Besender INC. Besender INC. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our product

Limited Warranty

What Does Your Limited Warranty Cover?

BESENDER INC warrants that repair services and items purchased by you from our website for your end use (“Product”) are free from defects in materials and workmanship under normal use during the “Limited Warranty Period”.

How Long Does This Limited Warranty Last?

Repair Service (New Parts): 180 day limited warranty on parts and labor (“Limited Warranty Period”).
Repair Service (Reconditioned Parts): 60 day limited warranty parts and labor only (“Limited Warranty Period”).
Rebuilt Core Replacement Service: 60 day limited warranty on parts and labor (“Limited Warranty Period”).
Reconditioned or Used Replacement Parts: 100 day limited parts only (“Limited Warranty Period”).
Cleaning and Alignment Services: No Warranty
Software Resets and Upgrades: No Warranty

The warranty period starts on the invoice date.

What Does this Limited Warranty Not Cover?

This Limited Warranty does not apply to consumable or expendable parts (i.e. vacuum brushes, filters, belts, wipers, vacuum ports, etc.) and does not cover:

Repair or service made necessary by misuse, abuse, neglect, accident, water damage, modifications, improper installation/maintenance, theft, fire, acts of God, lightning, earthquakes, power failures, surges or electric shortages, or repairs by non-BESENDER authorized service providers, use outside of the normal environmental or operating conditions specified by the manufacturer, or use with third party products not sold by BESENDER.
Damage that occurs as a result (a) of your failure to perform preventative and routine maintenance required by the manufacturer, or (b) from failure to follow instructions from the manufacturer relating to the products use.
Service/repair of a part/product on which the BESENDER’ warranty label or the manufacturer’s serial number(s) has been defaced, removed, or rendered defective.
Preventive maintenance, replacement of missing parts, repair or replacement of covers, plastics, cosmetic damage or wear and tear, or appearance parts such as interior or exterior finishes.
A part/product that has been resold. This warranty is non-transferable and only valid to the buyer on the original invoice.
A part/product used in “critical applications”. “Critical applications” means life support systems, medical applications, connections to implanted medical devices, commercial transportation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or catastrophic property damage.
Service calls to correct the installation of the Covered product, or to explain the usage of the product to the buyer.
Brushes, wipers, belts, rubber ports, filters, flexible beater brushes, alignments or cleaning services.

What will BESENDER do in the event the limited warranty is breached?

If you submit a valid claim during the Limited Warranty Period , BESENDER will, at its sole discretion, (a) repair or replace any defective part/product with new, used or reconditioned product/parts that are at least equivalent in performance to the replaced part/product, or (b) provide you with a replacement product of BESENDER’ choosing that is equivalent in functionality to your product in functionality and is formed from new and/or previously used parts that are equivalent to new in performance, or (c) to give you a refund of the purchase price or the original repair service cost. This is your sole and exclusive remedy for defective products.

In all Repair Service warranty cases, we only provide warranty repairs on the specific components that were originally repaired and still deemed under warranty. If BESENDER determines that existing failure is not covered by the warranty, the buyer will be contacted to determine whether such failure should be repaired at the buyer’s expense or whether the product should be returned to the buyer as received. All associated repair, shipping and handling costs are the responsibility of the buyer.

All component parts or hardware products used to replace defective parts/product under this Limited Warranty becomes your property and the defective replaced or refunded part/product becomes the property of BESENDER. If applicable law requires BESENDER to return a replaced part/product to you, you agree to pay BESENDER the additional cost of the replacement item. Replacement parts or products are warranted to be free from defects in materials and workm anship for sixty (60) days or for the remainder of the Limited Warranty Period, whichever is longer.

BESENDER is not responsible for (1) damage to or loss of any programs, programming, settings, data, or information on the product being serviced, or (2) the restoration or reinstallation of any programs or data other than software installed by the manufacturer when the product was manufactured.

Your Responsibilities

To enable BESENDER to provide the best possible support and service during the Limited Warranty Period, you will be required to:

Retain and provide proof of purchase showing price and date of purchase and product description which may be required for warranty service.
Respond to the BESENDER Representative’s questions and follow warranty procedures in order for BESENDER to complete the repair.
Remove all accessories before shipping the item for warranty evaluation. BESENDER IS NOT RESPONSIBLE AND FULLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACCESSORIES SHIPPED WITH THE PRODUCT.
Notify BESENDER if you use any product subject to Warranty in an environment that poses a potential health or safety hazard to BESENDER employees or subcontractors. BESENDER may postpone warranty service until you remedy such hazards.
Notify BESENDER if you use any product subject to Warranty in “critical applications”. “Critical applications” means life support systems, medical applications, connections to implanted medical devices, commercial transportation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or catastrophic property damage.
Pay standard repair fees of $85/hour if you authorize BESENDER to perform any services excluded under this Limited Warranty.
Obtain prior Return Merchandise Authorization (RMA) prior to shipping product for warranty evaluation. You can obtain a RMA number by clicking here.

How to Obtain Repair or Replacement Service For A product Purchased or item repaired?

In the unlikely event that you receive a part, product or repaired item that fails under the limited warranty, it must be returned to the BESENDER service center for evaluation. You are responsible for all shipping charges, insurance, taxes, or duties associated with transportation of the product to our location, and you assume risk of loss during shipping.

BESENDER EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. ALL OTHER EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT OR REPAIR SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE TERM OF THIS LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL MG CREATIONS , ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT PURCHASED OR THE COST OF THE PURCHASED REPAIR SERVICE . THIS LIMITATION APPLIES TO DAMAGES OF ANY KIND WHATSOEVER INCLUDING (1) DAMAGE TO, OR LOSS OR CORRUPTION OF, YOUR RECORDS, PROGRAMS, DATA, OR (2) ANY DIRECT OR INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT OR OTHERWISE, OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT AND/OR THE USER GUIDES AND/OR MANUALS, EVEN IF BESENDER , OR AN AUTHORIZED BESENDER REPRESENTATIVE, AUTHORIZED SERVICE PROVIDER OR RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR SOME PRODUCTS, SO THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. MG CREATIONS , ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT OPERATION OF THIS PRODUCT OR REPAIR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

THE PRODUCT/PART PURCHASED ARE NOT DESIGNED FOR ANY “CRITICAL APPLICATIONS.” THE REPAIR SERVICE IS NOT FOR PRODUCTS USED IN “CRITICAL APPLICATIONS”. “CRITICAL APPLICATIONS” MEANS LIFE SUPPORT SYSTEMS, MEDICAL APPLICATIONS, CONNECTIONS TO IMPLANTED MEDICAL DEVICES, COMMERCIAL TRANSPORTATION, NUCLEAR FACILITIES OR SYSTEMS OR ANY OTHER APPLICATIONS WHERE PRODUCT FAILURE COULD LEAD TO INJURY TO PERSONS OR LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. ACCORDINGLY, BESENDER DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE USE OF THE PRODUCT IN ANY CRITICAL APPLICATION. YOU ASSUME FULL RESPONSIBILITY FOR USE OF THE PART/PRODUCT IN A CRITICAL APPLICATION. FURTHER, MG CREATIONS RESERVES THE RIGHT TO REFUSE TO SERVICE ANY PRODUCT USED IN A CRITICAL APPLICATION, AND DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF BESENDER ’S SERVICE OR REFUSAL TO SERVICE THE PRODUCT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

How Do We Resolve Disputes?

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any BESENDER confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to this Limited Warranty shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in California, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

YOU AND BESENDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BESENDER 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.

General

No BESENDER reseller, agent, or employee is authorized to make any modification, extension, or addition to this limited warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This limited warranty is governed by and construed under the laws of the country in which the product purchase took place.

Technology and environmental protection are our philosophy

Return Policy

Your complete satisfaction is our ultimate goal. You may return any item purchased at our website, as long as it meets the following conditions:

Items Missing, Damaged in Transit, Defective Repairs, and Defective Returns: We want to address this problem immediately. Please contact us within 5 business days (Mon-Fri) of receiving your package and include the following information:

Your order number.
The name of the product you received damaged or defective.
Describe the damage, defect, or items missing.

We'll respond to your message as quickly as we can. In the meantime, please don't throw away any packaging or your damaged/defective items. We may ask you to send the damaged/defective items back to us (at our expense). We cannot provide a refund or replace items damaged in shipping if you have thrown away the shipping packaging.

Non-Defective Returns: All returns must be authorized by BESENDER within 30 days of the original invoice date. Authorization for return does not guarantee credit. You may return an item within 30 days of shipment for a full refund less shipping costs. Some items are not eligible for return or may be subject to a restocking charge. We can only accept returns in the same resalable condition and in the unopened packaging in which they were shipped (e.g., New Sealed items must still be sealed) or else you may be charged a 25% restocking fee. Shipping charges are nonrefundable, and we do not pay for return shipping or international customs/duties. Shipping charges for shipping boxes and/or prepaid labels are non-refundable.

Once we receive your return, we will issue a credit or refund within 30 days and send you an e-mail confirmation. Please bear in mind that it can take several days for the transaction to appear on your account, depending on your financial institution.

30 Day Repair Return Policy We need to be contacted by email or phone within 30 days of delivery if there are any issues with the repair or device. No exceptions. A technician will then contact you to troubleshoot the issue and if the issue cannot be resolved we will send a prepaid to return the device to be further repaired. Additional repair costs may apply. Our normal repair warranty policy will apply after the 30-day return policy which begins on the date of the original shipment of the repair order.

In all warranty repair cases, we only provide warranty repairs on the specific components that were originally repaired and still deemed under warranty. If BESENDER determines that damage/failure that exists is not covered by the warranty, the end user will be contacted to determine whether such damage/failure should be repaired for a charge or whether the product should be returned to the end user as received. All associated transportation and handling costs are charged to the customer.

Shipping Boxes and Prepaid Labels: Shipping boxes and prepaid labels are NONREFUNDABLE. Prepaid labels expire 120 days after purchase and can longer be used.