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BARNES BROADCAST.COM TERMS OF SALE
This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor or customer of our site, hereinafter referred to as the “site”, and Barnes Broadcast.com, a limited liability company that serves as the owner and operator of this site.
As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, including making any purchase, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, purchase an item, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may visit our site or make any purchase.
General Return Policy (Specific Rules Below)
Please note, our Scottsdale, AZ location does not accept returns or stock products. Please send your returns requests to the documented warehouse upon receipt of your approved return authorization form (see Returns below).
If item(s) are defective, the manufacturer will offer to repair item(s) at no cost to you pending manufacturer approval and the nature of the warranty that each manufacturer provides. All warranties thus issued are subject to the laws of the relevant jurisdiction.
Order Issuance Policy
We do our very best to honor all orders, however, because some items are in high demand, it may result in a backorder. If an item is found to be out of stock after your order has been placed, then it will automatically be removed from your order. We will not hold up an order because an item is backordered. You will not be charged for the backordered item or for the shipping cost of the item (if you were already charged, you will be refunded via the same method of payment by which the order was submitted). The item that was backordered will have to be re-ordered online when it becomes available again..
However, if an item is no longer in stock or is discontinued, we may offer a similar item(s) instead at no extra charge (except additional shipping/freight costs, if different). We ask that you enter accurate contact information when ordering your item(s).
How to Contact Us
Barnes Broadcast.com
6501 E. Greenway Parkway Suite 103
Scottsdale, AZ 85254
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800-593-1982 (8-5 p.m. EST, M-F)
866-923-4586 (fax)
Payments
We currently accept purchases by credit card only. VISA, Mastercard, Discover, and American Express and Pre-paid Company Check, Personal Check, Cashier's Check or Money Order (Note: All Prepaid Orders, including Cashier's Checks, take longer to process because they must first be cleared with the bank)
Please make sure your billing address matches the shipping address. Otherwise, for fraud prevention purposes, we must verify your shipping address.
Please contact the bank that issued your credit card and have your shipping address listed as an alternate address in that bank's memo field. Please make sure your credit card issuer bank's phone number is correctly listed in your Barnes Broadcast.com account information.
Tax-Exempt Government Employees
Place your initial order online and input your local AZ tax rate in the appropriate box on our ordering form. After you've submitted your order, fax us at 866-923-4586 with your Government Tax Exempt permit and include the sales order number. If you have made several previous orders, please mention those sales order numbers and Barnes Broadcast.com will refund your tax charge on those orders as well. If you have any questions, please give us a call at 1-800-593-1982.
Reseller Program
Resellers: Unfortunately, we do not currently have a reseller or discount program available at this time. Barnes Broadcast.com currently already negotiates the best possible prices for you and offers these great prices to all of our customers through our web site. Anytime we receive any specials or promotions, we immediately post them on our website for you to take advantage of.
Sales Tax
Tax: All customers outside of Arizona will not be charged any tax (8.3%). Therefore, customers in those locales do not need to fax or set up any reseller tax exemption form.
For resellers in Arizona: Please place your first order as normal, and then fax over your reseller permit and this form, along with your sales order number. We will then remove all tax from your order.
You have the option to pay using a Pre-paid Company Check, Personal Check, Cashier's Check or Money Order (Note: All Prepaid Orders, including Cashier's Checks, take longer to process because they must first be cleared with the bank)
Shipping/Freight
Continental US
We ship only in the continental United States of America, except APO and PO Box addressed via UPS and FedEx as carriers. Customers in HI and AK cannot receive UPS Ground service.
Customers are responsible for all shipping and/or freight charges unless otherwise specified.
Any flat rate shipping offered will be processed via UPS Ground. Any items that cannot be shipped by UPS Ground include: Any television 27’’ or greater, deliveries outside the USA.
However, for an additional fee, UPS 2nd, and Priority Shipping are available (HI and AK customers are valid).
Pricing/Listing Mistakes
Barnes Broadcast.com reserves the right to alter, change, or modify pricing and/or listing information at any time for any reason. In the case a mistake if found, please contact for a potential refund.
Refunds
Refunds on returned items will be issued in the same payment form as tendered at the time of purchase. If approved for a refund by Barnes Broadcast.com, they will be processed within 30 days from the date of the approved refund. You will be issued documentation reflecting the approval date for your records.
Shipping/Delivery Time
Most orders will be shipped UPS ground unless otherwise specified. Most orders will ship the same day if order is received by 12 p.m. EST. Priority shipments only offered until 1 p.m. EST
All order and shipment confirmation can be confirmed electronically by e-mail. Please keep us up to date with your preferred e-mail address. We will do our best to accommodate your requests to ship on your specified shipping account. In the event that this does not happen, shipments will be made at the discretion of Barnes Broadcast.com. The customer is responsible for all shipping and freight charges.
Most orders will be received within 7-10 business days via UPS Ground, and sooner per elected shipping option UPS 2nd Day, or Priority Mail or Fed Ex. Returns and Exchanges
Please read all conditions below. If conditions are not met, Barnes Broadcast.com reserves the right to refuse the return or to charge a restocking fee of 15%.
PLEASE DO NOT SHIP ANY RETURNS TO OUR Scottsdale, AZ ADDRESS - IT WILL BE REFUSED!
Once you receive you’re an approved return authorization # from us, it will include the proper address to send the return. Barnes Broadcast.com does not pay the return shipping cost for defective merchandise. We are not responsible for product defects, because we do not manufacture the products we carry. However, if you pay to send the item back to Barnes Broadcast.com, we will replace the item and ship the replacement to you at no charge. Barnes Broadcast.com will employ every resource it has to ensure that your item is replaced promptly, without hassle.
Also note that we cannot take back any return without the original manufacturer's box and packing materials. Be sure to keep all of this until you are absolutely sure you won't be returning it!
Claims for damaged or missing items must be received within 24 hours of receipt of merchandise.
Items can only by exchanged for the same or similar item per Barnes Broadcast.com approval.
Refunds are subject to approval per receipt of a valid return authorization form and Barnes Broadcast.com approval.
Exchange and Return Rules
At Barnes Broadcast.com, we only hope to provide and ensure your complete satisfaction with your purchase. However, if you feel you must return or exchange your item(s), please perform the following steps:
1. Fill out the Return Authorization form included with your item(s) completely and accurately within 30 days of purchase of item(s). If your Return Authorization form is missing or misplace, please contact
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
This e-mail address is being protected from spambots, you need JavaScript enabled to view it or call 800-593-1982 to obtain an RMA #.
2. Receive documented confirmation of approval via email and/or mail from distributor(s) and/or Barnes Broadcast.com
3. Send your item(s) in the original packaging into a shipping carton.
4. Include the invoice and the reason for the return. If defective, please specify the defect.
5. Please do not place stickers or shipping labels on the original manufacturer’s packaging.
6. The RMA number must be clearly written or posted on the outer shipping carton. If you receive a RMA # label via email, print the label and tape it to the carton.
7. Ship the item(s) via insured ground service with a tracking number. Return shipping charges are the responsibility of the customer. Barnes Broadcast.com is not responsible for lost or damaged packages.
Rules:
All returned or exchanged items must be in new condition, in their original box, and must include all packing material, blank warranty cards, manuals, and all accessories.
Items with timers must show less than 120 minutes of use. Items with shutter counters must show less than 200 exposures.
Barnes Broadcast.com is not responsible for personal data or items left in returned merchandise.
Defective items may be repaired or exchanged at our discretion for the same model or manufacturer's equivalent model.
RMA numbers are valid for 10 business days.
“Excluded Items”/No Return/Exchanges”
On the Following Items:
Any custom item(s) and/or Special Order (non-catalog) item(s) (ie. Production Trailers, wall plates, etc.)
TVs, combos and monitors 27" and larger once opened (including LCD and plasma).
All consumable items (e.g., film, tapes, paper, bulbs, CD, DVDs, etc.) once unwrapped.
Computers, Software and Hardware once unwrapped.
Any item(s) built or modified by Barnes Broadcast.com to customer’s specifications.
Educational tapes and books once unwrapped.
Headphones, Microphones, any product that may come in contact exclusively with the ear, ears, nose, head, and/or mouth.
Defective Items
Defective items other then those mentioned in "Excluded Items" above may be returned within 30 days of delivery. We will gladly credit the outgoing ground shipping costs of a replacement order. Please send an email to
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This e-mail address is being protected from spambots, you need JavaScript enabled to view it with the appropriate invoice and RMA # if a replacement order is made for a freight credit. Note: if the replacement is purchased using express shipping, only the Ground freight delivery cost will be refunded.
Non-Defective Items
ALL non-defective items other then those mentioned in "Excluded Items" above may be returned for 30 days after delivery date. These returns will be charged a 15% restocking fee. Opened items must be in re-sellable condition and have ALL original packaging, accessories, manuals and warranty cards included. A larger restocking fee, greater than 15%) will be applied if the item is returned in a condition that prevents us from re-selling it.
Damaged Items
In the rare event that an item arrives damaged, please refuse shipment if the damage is external or notify us within 24 hours if the damage is concealed. WE CANNOT ACCEPT DAMAGE CLAIMS AFTER 24 HOURS from date of signature. Barnes Broadcast.com, at it's sole discretion, will either ship a replacement or issue a full refund when, and if, the claim is settled with the carrier. Items shipped to freight forwarders must be inspected for damage prior to forwarding shipment. No damage claims will be accepted once an item has been signed for or left in possession of freight forwarder.
LIMITED WARRANTY:
All products purchased at Barnes Broadcast.com are warranted per manufacturer warranty as stated in their in their documentation.
There are no other expressed or implied warranties except as set forth herein. There is no warranty covering consequential damages, or incidental expenses, including injury to persons or property.
ALL POLICIES, TERMS, CONDITIONS, SPECIFICATIONS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL ORDERS ARE SUBJECT TO Barnes Broadcast.com APPROVAL AND ACCEPTANCE AT OUR OFFICE(s).
Security
Barnes Broadcast.com uses the latest in SSL encryption technology to make sure your order is secure. Credit card numbers are encrypted before they reach our servers to provide an extra level of protection.
Privacy Policy
Barnes Boardcast.com respects your right to privacy and will not distribute your personal information to any third party that is not involved in the fulfillment your order. We do not have any newsletters or email solicitation lists. You can rest assured that we will only contact you in regards to your order.
General Rules of Conduct
Site members and customers may not:
∑ Violate the law of any jurisdiction while visiting our site.
∑ Conduct any activity that is harmful or detrimental to our site as solely determined by us.
You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied except as may be applied by operation of law or by individual manufacturers.
Intellectual Property Provisions
All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
Links to Third Party Sites
We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.
Submissions
All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters of testimonial nature that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.
Jurisdiction and Arbitration
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Arizona, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Phoenix, Arizona, or any location closer to or within Arizona, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
Foreign Usage
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA).
General Information
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notice
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
Intellectual Property Notices
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
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