Terms & Conditions
Copyright 2016 by Bayland Technologies, Inc.
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. 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.
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, EIZO, NDSsi, Siemens, Totoku and Vidar.
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.
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 EIZO, NEC, EIZO, NDSsi, Siemens, Totoku and Vidar.
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 other items are factory warranted and must be returned to them for warranty.
All sales are final unless DOA or received damaged in shipping, shipped by Bayland Technologies, Inc.. Special order items are non-cancelable and non-returnable. Large volume orders are non-cancelable once Bayland Technologies, Inc. takes delivery from manufacturer or product is shipped directly to customer from manufacturer. Purchased items needing service must be sent to service center with full insurance coverage and freight charges prepaid. Returns are accepted only on brand new factory-packed merchandise. Items returned in used or altered condition will not be accepted. Software cannot be returned if seal or package is opened. 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 refurbished merchandise is 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."
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.
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.
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.baylandtechnologies.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
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.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
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.
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.
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.baylandtechnologies.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.
Bayland welcomes your questions or comments regarding the Terms:
Bayland Technologies, Inc.
4500 W 34th St, Ste K
Houston, Texas 77092
Telephone number: 800-801-8432
Effective as of March 30, 2016