Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BlackBar Data Capture LLC. The collective work includes works that are licensed to BlackBar Data Capture LLC. Copyright 2003, BlackBar Data Capture LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BlackBar Data Capture LLC or purchasing BlackBar Data Capture LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with BlackBar Data Capture LLC or to purchase BlackBar Data Capture LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by BlackBar Data Capture LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Return Policy
A Return Materials Authorization (RMA) number is required for all returns.
Please Call 919-975-2194 for a RMA number
- The Product must be in its original condition including the box, packaging and all accessories.
- An RMA number is valid for 15 days.
- The RMA number must be visible on all returns. Do not write on the original product box! Items must be double boxed.
- BlackBar does not accept returns of Print heads, Bar Code Media, Software, TEC products or Motorola Service Contracts.
- Misships/DOAs must be claimed within 15 days.
Product will be returned to customer under the following conditions:
- If a product is returned missing any components sent with the original order.
- If the condition of the returned product is in any way misrepresented.
- If the received product is damaged in any way.
- If there is not a valid and visible RMA number.
- If a product returned on a DOA is tested as a full-functioning product.
- If product is received over 15 days after the date the RMA number is issued.
NON-DOA RETURNS POLICY - All products
- NO open box returns for non-DOA products. Product box must
be clean and undamaged, with no marks of any kind. This includes
writing, stamps, or shipping labels. ie. Written RMA numbers. All
products must be double boxed.
- Original manufacturer's
packaging, both inside and outside must be used. Returns must be
complete with all manuals, cables, warranty cards, static bags, etc.
just as the customer received them.
- Customers have 30
days from the date of receipt of product to request a non-DOA return.
The RMA # issued is valid for 15 days from issue date.
- There will be a restocking fee on returns resulting from customer error.
- Non-DOA configured product may not be returned.
- For customers on credit terms, credit will be applied to your account when the product is received by BlackBar.
- For
customers on Credit Card status, replacement product will be sent upon
receipt on product by BlackBar. If desired, we will send replacement
product at your normal Credit Card status and you can request from the
credit department a refund/credit to your card when the returned
product is received by BlackBar.
- Customer is responsible for freight costs when returning product.
RESOCK FEES MAY APPLY FOR NON-DOA RETURNS
- $35/item fee for exchanges
- 15-25% fee on all returned products. (Varies according to manufacturer - please call for details.)
DOA RETURNS POLICY
- If the product is tested and the problem is not duplicated, there may be a no problem found fee charged.
- Products that show signs of use are not returnable as DOA.
- For
customers on credit terms, credit will be applied to your account when
the product is received by BlackBar. Replacement product will be sent
in advance, freight free via UPS Ground.
- For customers on
Credit Card status, replacement product will be sent upon receipt of
product by BlackBar. If desired, we will send replacement product at
your normal Credit Card status and you can request from the credit
department a refund/credit to your card when BlackBar receives the
returned product.
- No restock fee on DOA (Dead on Arrival) products.
Trademarks
All trademarks, service marks and trade names of BlackBar Data Capture LLC used in the site are trademarks or registered trademarks of BlackBar Data Capture LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BlackBar Data Capture LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BlackBar Data Capture LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BlackBar Data Capture LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
BlackBar Data Capture LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if BlackBar Data Capture LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a BlackBar Data Capture LLC product is mistakenly listed at an incorrect price, BlackBar Data Capture LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BlackBar Data Capture LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BlackBar Data Capture LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by BlackBar Data Capture LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
BlackBar Data Capture LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BlackBar Data Capture LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BlackBar Data Capture LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BlackBar Data Capture LLC products) must be commenced within one (1) year after the claim or cause of action arises. BlackBar Data Capture LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BlackBar Data Capture LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BlackBar Data Capture LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
BlackBar Data Capture LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BlackBar Data Capture LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, BlackBar Data Capture LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BlackBar Data Capture LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless BlackBar Data Capture LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, BlackBar Data Capture LLC may link to sites operated by third parties. However, even if the third party is affiliated with BlackBar Data Capture LLC, BlackBar Data Capture LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BlackBar Data Capture LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BlackBar Data Capture LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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