These Order Terms and Conditions (these “Order Terms”) govern the placing of orders (each a “Order”) with BenchSentry Inc., a Colorado corporation (the “Company” or “BenchSentry”), for any and all products available for order on the Company’s website. Please read these Order Terms carefully before submitting your order for any products. By submitting your order, you agree to be legally bound by these Terms.
When placing an order for a BenchSentry product, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. BenchSentry shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to firstname.lastname@example.org.
You will be charged the listed price (if different from MSRP) at the time the order is placed. If BenchSentry is unable to commence shipping a product on or before one year from the date an order is placed, BenchSentry shall process a full refund to you. Your placing of an order constitutes your express agreement to BenchSentry of charging the listed price (if different from MSRP) at the time of your order placement.
BenchSentry will build the products according to the order in which the order is received. This position does not imply receiving a particular number associated with your products. If you cancel or forfeit your reservation in accordance with these Terms, your position will be taken by the next person on the product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling product reservations. Furthermore, prior to fulfilling product reservations we may, in our sole discretion, offer for sale to the public a limited number of products. Please consult our website or our newsletter for more information about such events.
Although we will make efforts to begin delivering products as soon as reasonably practicable, you understand and agree that there may be delays. The expected delivery date set forth on the order is only an estimate, is subject to change, and BenchSentry does not represent or warrant that it will be able to ship the product by the expected delivery date. As a result, in the event that a delay arises and the expected delivery date of the product is not met, BenchSentry is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds, or credits due to any such delays. We will provide you periodic updates with respect to the expected delivery date. If for any reason you decide that you do not wish to continue to wait for your product, you may cancel your reservation as provided for in “Cancellation” below. You hereby give your consent to the expected delivery date and understand that such consent may only be revoked in accordance with the procedures set forth in “Cancellation” below.
The listed price ("Price") is shown in United States Dollars ($USD) only and does not include taxes and other government charges. Taxes may be applied during the checkout process depending upon your shipping and/or billing address in relation to BenchSentry’s nexus. If the Price drops after you have placed your order, we will refund you the difference. If the Price increases after you have placed your order, your order price is guaranteed. The Order Price is valid from the time at which you place the order until 10 days after you receive the item. To claim a refund for the difference, email us at email@example.com.
You or BenchSentry may cancel this reservation by terminating the order at any time for any or no reason prior to our notice to you that your order is ready for delivery. If you cancel your order prior to BenchSentry fulfilling your order, BenchSentry will refund the purchase Price without interest. If BenchSentry cancels your order you will receive a full refund of the purchase Price without interest and without payment of a processing fee.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL BENCHSENTRY BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT BENCHSENTRY IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR ORDER PURCHASE PRICE WITHOUT INTEREST.
TERMS AND CONDITIONS OF SALE
The purchase of products is subject to additional terms and conditions provided by BenchSentry, including in respect of any software included in the products or intellectual property embodied in the products or data collected by the products. The current Terms of Service can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the product will be subject to the Terms of Service and the Return Policy.
AGE AND RESIDENCY
You acknowledge that you are at least 18 years old, are a resident of the 48 contiguous United States, including Washington D.C. (Alaska and Hawaii are not included at this time), and will take delivery of your product in the United States.
BENCHSENTRY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY BENCHSENTRY WHETHER BEFORE OR AFTER YOU HAVE PLACED THE ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR ORDER AS DESCRIBED IN “CANCELLATION” ABOVE.
You are responsible for the manner in which you use the product. You shall defend, indemnify and hold harmless BenchSentry and its officers, directors, employees, agents, affiliates, and suppliers (“Indemnitees”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use of, any product; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity right; (d) any dispute or issue between you and any third party; or (e) your violation of any applicable law, rule or regulation. We reserve the right to assume the exclusive control of the defense, subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
CHANGES TO ORDER TERMS
BenchSentry reserves the right to change any of these Terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in “Cancellation” above.
These Terms constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Colorado. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in Denver, Colorado. You may not assign these Terms or any of the rights granted to you hereunder.
Last Modified: July 29, 2019