Terms and Conditions

Big Blue’s Instant Order System (BIOS) and its Users

INTRODUCTION

All products offered for sale by Big Blue Products, Inc. (“BBP”) are sold subject to the terms and conditions stated herein. These terms and conditions shall apply to the sale of the products described in a price quotation, sales acknowledgement, proforma invoice, invoice, or other contract documentation. Except as expressly agreed in writing, no other terms and conditions, including any terms and conditions attached to, or contained within a request for quotation, acknowledgment, purchase order or other contract documentation shall apply.

BBP terms and conditions of sale constitute a binding agreement between the buyer (the “customer”) and BBP. The customer accepts these terms and conditions of sale by making a purchase, placing an order, or using www.bigblueonline.com (the “website”).

Any typographical, clerical or other error or omission in any quotation, price list, acknowledgement of order, invoice or other document issued by BBP shall be subject to correction without any liability on the part of BBP.

WEBSITE AND USER RESPONSABILITIES

The BBP website is an online communication, information, and ordering service provided by Big Blue Products, Inc. only to its users and its guests (collectively, “users”). To protect the website and its users, BBP authorizes each of its website users and provides them with access codes allowing each user both access to the website and use thereof. Please note that the user’s access and use of the website is subject to compliance with the terms and conditions set forth below. Accordingly, please examine the terms and conditions herein carefully before accessing or using the website. BBP reserves the right to modify this agreement at any time, and any such modification shall be effective immediately upon posting. By accessing or using the website, the user agrees to be bound by the terms and conditions set forth below. The user agrees to periodically review this agreement and be bound by any such future modifications.

Users may not assign or transfer their access codes to others and any such transfer or assignment without the written express permission from BBP is unauthorized and in violation of this user agreement.

The user agrees that:

  • He/she will only enter the website for the sole purpose of determining whether to make a legitimate purchase from BBP’s inventory.
  • He/she will not attempt to modify, reverse engineer, decompile or disassemble any of the information utilized in the creation or maintenance of the website, including, without limitation, the software or website design. The user agrees that he/she may access the website only with the permission of BBP, and that, upon notification from BBP, he/she shall immediately and permanently cease accessing or entering the website for any purpose whatsoever.

PRICING INFORMATION AND AVAILABILITY

All prices shown are per unit unless otherwise noted. Prices do not include shipping, handling, duties, or insurance.

All prices are subject to change without notice.

Lead times are stated at time of quote and are a best estimate based on current conditions. Lead times are subject to change.

All orders are subject to product availability. We cannot guarantee we will be able to fulfill all customer orders.

While BBP tries to ensure that all details, descriptions and prices which appear on the website and elsewhere are accurate, errors may occur. If an error is made and a product is listed at an incorrect price, we maintain the right to refuse or cancel any orders placed at the incorrect price.

If the order has been confirmed at the incorrect price we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.

DESCRIPTION/CONDITION OF PRODUCT

BBP sells product that is new, remanufactured, and refurbished. For more information about our product conditions, please contact us at salesstaff@bigblue-usa.com.

QUOTES

Quotes made by BBP in whatever form are not binding upon BBP and merely constitute an invitation to a customer to place an order. All quotes issued by BBP are revocable and subject to change without notice.

Quotes, including backorder and special order quotes, are subject to product availability and fulfillment cannot be guaranteed.

Inventory items priced under $150.00 will not be quoted for quantity 1.

Quoted prices are valid for 5 days from date of issue and are subject to prior sale. BBP shall not be required to honor any expired price quote.

Different or non-original part numbers (substitute part numbers recognized as equivalent by the manufacturer) may be quoted if the same or original part number requested for quote is not available. Customer will be notified and substitute part number will be indicated on the quote. Customer must agree and approve non-original part number before quote is converted to an order and shipped.

Prices are subject to renegotiation if any quantity, accessory, option, or other condition is changed from the original quote.

ORDERS

Pricing is per unit and does not include shipping, handling, duties or insurance.

BBP reserves the right to refuse or cancel orders that have been listed in error at an incorrect price.

All orders less than $150.00 must be placed online via the website.

Website customers have 30 minutes to complete an order before the product is returned to inventory.

Orders are processed upon receipt. BBP makes every effort to ship orders for in stock items by the end of the day. Any orders received after 6PM ET may not be shipped the same day. BBP will cancel any order before it is shipped, but is not responsible for orders that have been shipped. Orders cancelled after shipment are subject to BBP return policies and/or a restock fee.

Customers may cancel orders prior to shipment with the written consent of BBP. Request to cancel should be sent electronically to salesstaff@bigblue-usa.com.

All orders are subject to a handling fee. All orders under $150.00 and that are drop shipped are subject to an additional handling fee. These fees are non refundable.

Different or non-original part numbers (substitute part numbers recognized as equivalent by the manufacturer) may be shipped if the same or original part number ordered is not available. Customer will be notified and substitute part number will be indicated on the order. Customer must agree and approve non-original part number before order and shipment.

Backorders are created for items that are not in stock, or quantity ordered is greater than quantity available. BBP expects to ship backorders as soon as the product is available but cannot guarantee the delivery date or the price at the time the item becomes available. Prior to shipment, a backorder may be cancelled by either party without penalty. Backorders charged to the customer’s credit card will be refunded if either party cancels the backorder.

Special orders are unique, one time orders for items that BBP does not normally stock and has to order directly from the vendor on the customer’s behalf. Special orders are noted as such on quotes, orders, and invoices.

Special orders include all custom configured product.

Special order warranty: BBP extends to the customer any warranty granted by the manufacturer. Special orders not covered by the manufacturer are covered by BBP warranty.

All sales of special order products are sold on a final, non-cancellable, non-returnable, non-refundable basis.

Orders for as/is product are not covered by BBP warranty and are sold on a final, non-cancellable, non-returnable, non-refundable basis.

PAYMENT

BBP accepts American Express, MasterCard and Visa credit cards at the time of the order.

No additional fee will be charged for credit card orders. Credits for cancellations of orders, backorders or returns will be refunded to the original credit card charged.

BBP does not issue cash refunds.

Unauthorized chargebacks may result in the suspension of credit card terms, and future orders will be prepaid only.

SHIPPING

All US shipments will be shipped FOB BBP, Syosset, New York 11791 and the risk of loss will be transferred to the customer at the time the product is tendered to the carrier. If the customer requests that BBP bill the customer’s account or a third party account, additional fees will apply. BBP will ship orders that do not have a designated shipper on BBP’s shipping account and rebill the purchaser shipping and insurance charges. Orders valued at $5000.00 or greater using a shipping carrier’s ground service requires the customer to sign a shipping waiver.

BBP is not responsible for shipments damaged in transit. It is the responsibility of the customer to track and file any and all claims with the carrier and to notify BBP within 48 hours of receiving damaged product.

Customer represents that the shipping account number is correct and that the account is in good standing at the time of shipment. Should the customer’s designated carrier reject billing to the account, the customer is responsible for any and all freight charges. BBP will invoice our customer for the rejected charges including a $10.00 rebill fee.

INTERNATIONAL ORDERS

All transactions, including returns, refunds, and exchanges are in USD currency.

All shipments outside the US will be shipped FCA and the risk of loss will be transferred to the customer at the time the product is delivered to the customer’s designated carrier. International customers are responsible for all customs duties, VAT and other associated taxes and charges and to complete all customs formalities for the import of products in the country of importation. BBP is not responsible for any delays or issues relating to customs. No third party accounts will be accepted for international orders. Special handling charges will be added to all international blind ship orders.

WARRANTY

BBP warranty period is one year from date of invoice.

Special order warranty: BBP extends to the customer any warranty granted by the manufacturer. Special orders not covered by the manufacturer are covered by BBP warranty.

BBP does not warrant that the product will be uninterrupted or error free.

BBP warranty covers replacement or repair, at our option, of any product under warranty that is found to be defective within the warranty period.

Replacement product may contain remanufactured parts or components but will have the functionality of equal to or greater than the original product.

Warranty exclusions:
Product that has been damaged by improper usage, application or installation, careless handling, or tampering; product with missing or altered serial numbers; consumable items such as batteries; products with defects resulting from improper maintenance or modification, software, media or parts not supported by the original product manufacturer; special order, custom configured, and as is product.

Customers are advised to properly package and insure products being returned under warranty as they are responsible for any damage or loss during shipping. Warranty returns that are shipped without proper packaging or insurance and that are damaged in transit may void the warranty.

BBP will test the returned product upon receipt. No credits will be issued until the return process has been completed and the product found to be defective.

RMA/RETURNS

BBP technical staff tests all products with the most current level of the manufacturer’s diagnostics before they are sold. However, it may be necessary to return products in some cases.

BBP RMA Policy does not cover goods damaged in transit. It is the responsibility of the customer to notify the shipping carrier and insurance company of damages when the order is received. All claims for damage must be filed by the recipient; BBP is not responsible to file any claims.

All claims for damage must be made within 48 hours of receipt of shipment.

Customer’s invoice number must be referenced when requesting an RMA.

RMA requests for shortages or discrepancies must be made within 48 hours of receipt of order to guarantee a BBP RMA number.

BBP warranty covers repair or replacement, at our option, of any product found to be defective within the warranty period. Credits will be issued if no replacement is available. NO CASH REFUNDS WILL BE MADE.

RMA numbers must be requested on the website; BBP does not issue RMA numbers by phone or fax.

RMA numbers are valid for 15 days from the date issue and will automatically be cancelled if the RMA is not received within this time. If an RMA number expires, the customer can request an extension within the warranty period. Returns without a valid RMA number will be refused. RMAs must be returned in the original unmarked packaging with the RMA number written on the shipping label to be eligible for credit. RMAs must be shipped on the customer's account. Any returns shipped collect to BBP will be refused. BBP will not refund shipping costs and will not pay shipping for returning packages.

Advance replacements for DOA products: when available in inventory, replacements can be shipped immediately and are billed as a separate order using the original purchase order number followed by “/r”. Replacements are shipped on BBP’s shipping account. Credits will be issued for the replacement product and shipping when the return is determined to be defective. Returns that are tested and found to be in good working condition are returned to the customer at their expense. Credit issued for non-defective returns carry a restock fee of 20% or $25.00, whichever is greater, but do not include credit for shipping or handling.

RMAs for good part returns may be issued within 30 days of the invoice date and must be received by BBP on or before the 30th day of the warranty or will be refused. Good part returns are subject to a restock fee of either 20% or $25.00, whichever is greater. Handling fees and drop ship fees are non refundable.

Unauthorized deductions from payments or credit card chargebacks may result in a customer losing their credit terms.

Special order, custom configured and as/is product is not eligible for return.

Products received by BBP in any of the following conditions will not be eligible for returns and will be rejected:

  • Any product with missing, damaged, altered, or unreadable serial number, manufacturer model or part number label, or warranty label.
  • Any product that is returned incomplete, damaged, marked, tampered with or customized in any way.
  • Any product with the UPC code removed from its packaging.
  • Any product that does not exhibit the described reason for return and is tested and found to be in good working condition.
  • Any product returned without all original packaging and accessories, including manuals, cables, and other items originally included.
  • Any product not packed and shipped with the same materials and in the same condition as when it arrived.
  • Any product damaged as a result of improper or insufficient packaging.
Customers are advised to properly package and insure products being returned under warranty as they are responsible for any damage or loss during shipping. Warranty returns that are shipped without proper packaging or insurance and that are damaged in transit may void the warranty.

Returns that do not meet these standards will be refused.

DISPUTES

Disputes arising out of this transaction shall be interpreted and governed by the laws of New York State, USA and the parties consent to the jurisdiction of the courts located in Nassau County, New York, which shall be the exclusive forum for the resolution of such disputes.

In the event of any conflict between the terms and conditions herein, on the invoice and those set forward on the purchase order, the terms and conditions set forth in this document shall control.

DISCLAIMERS AND LIABILITIES

Your use of the website is at your own risk. The website and all information, content, materials, and other services made available to you through the website are provided by BBP on an “as/is” and “as available” basis, unless otherwise specified in writing. We disclaim all warranties in connection with the use of the website of any kind, including, but not limited to, the implied warranties or merchantability, non-infringement of third party rights, and fitness for particular purpose. The duration of any statutorily required warranty period shall be limited to the term of the limited warranty. We do not warrant that the website, information, content, materials, products, or other services made available to you through the website, or our servers or electronic communications are free of viruses or other harmful components. In no event shall BBP be liable for any special, incidental, indirect or consequential damages or any kind, or any damages whatsoever arising from the use of the website, or from any information, content, materials, products, or other services included on or otherwise made available to you through the website, including without limitation, those damages resulting from loss of use, data or profits, whether or not the user has been advised of the possibility of damage, or under any theory of liability, arising out of or in connection with the use of the website or the communication or transmission of information to or from the website. Certain jurisdictions may not allow the exclusion of implied warranties or the exclusion or limitation of certain damages so the above limitation and exclusion may not apply to you.

PRIVACY POLICY

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us. We will not sell or rent this information to anyone.

BBP collects data so that we may respond to your requests, improve our website, and to provide you with customized and enhanced features.

We may collect information from customers and visitors to our website. Information such as First Name, Last Name, Email, Password, Credit Card Number, Expiration Date, Billing and Shipping Address allow us to process orders from our customers. We collect other information such as Date, Time, and IP Address.

Like many websites, we use “cookies” to store small amounts of data to your computer about your visit to our website. Cookies allow us to recognize you and to customize our content according to your preferences. If you do not want us to use cookies, you can disable them in your browser.

What We Do with Collected Information

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

BBP does not sell or rent this information to anyone except in cooperation with law enforcement with regards to content violations or violations of applicable laws.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

BBP uses 256 bit Secure Socket Layer (SSL) to encrypt and secure payment information and user data.

We use a firewall to protect against outside access and to secure the privacy of your personal information. Access in the company is limited to employees who need the information to perform a specific job such as billing or customer service, for example. The computers and servers in which we store this information is kept in a secure environment and backed up to the network.

No system can guarantee one hundred percent security. Much of your security is up to you: protect access to your password and computer.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • Change/correct any data we have about you.
  • Change/correct any data we have about you.
  • Express any concern you have about our use of your data.

Other Websites

Various Web sites may be linked to from this site. If you link to another site, your privacy depends on the policy of that site. We strongly urge you to check their privacy policy. Not all sites guarantee that they will not share your personally identifiable information with others.