Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS AN ARBITRATION CLAUSE.
This Agreement contains the terms and conditions that apply to your (“Customer”) purchase from Bharathisystems.com for the used computer systems and/or related products (“Products”) sold by Bharathi Systems & Services pursuant to this Agreement. By placing an order for the Products, the Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH BHARATHI SYSTEMS AND SERVICES FOR THE PURCHASE OF USED PRODUCTS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN. These terms and conditions are subject to change without prior written notice at any time, at Bharathi Systems & Services’ sole discretion.
1. Products. SOME PRODUCTS SOLD BY Bharathi Systems & Services PURSUANT TO THIS AGREEMENT ARE NEW, REFURBISHED, USED, AND CONTAIN USED PARTS. Resale of any products purchased from this site is not permitted without prior written agreement with Bharathi Systems & Services. any party who sells a product purchased from this site is subject to the terms, conditions, and provisions laid out in the Master Sale Agreement, Letter of Assurance, and Program Details & Acknowledgments required to be signed at the time of reseller onboarding.
2. Product Use: Servers, Storage Units, Networking Solutions, and Enterprise Parts are classified as Class A equipment by the Federal Communications Commission (FCC) and are intended for use in a business (non-residential) / commercial environment. Residential use is prohibited.
3. Payment Terms; Orders; Late Charges. Terms of payment are within Bharathi Systems & Services sole discretion, and unless otherwise agreed to by Bharathi Systems & Services, payment must be received by Bharathi Systems & Services prior to Bharathi Systems & Services’ acceptance of an order. Payment for the Products will be made by approved credit card, check, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Bharathi Systems & Services. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. The customer agrees to pay as a late charge, an amount equal to 2% per month or the highest rate allowed by law of the amount then due until received by Bharathi Systems & Services. Orders are not binding upon Bharathi Systems & Services until accepted by Bharathi Systems & Services.
4. Shipping Charges; Taxes and Other Related Fees. Separate charges for shipping and handling will be charged on all purchases. The Customer is responsible for sales and all other taxes and fees associated with the purchase.
5. Title; Risk of Loss. Title to the Products passes from Bharathi Systems & Services to the Customer on shipment from Bharathi Systems & Services’ facility. Loss or damage that occurs during shipping by a carrier selected by Bharathi Systems & Services is Bharathi Systems & Services’ responsibility. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer’s responsibility.
6. Export. Customer’s purchase of Bharathi Systems & Services Products, Software, or Services and access to related technology (the “Materials”) are for its own use, not for resale, export, re-export, or transfer. Resale is permitted only by authorized resellers and requires prior, written agreement with BSS. The customer is subject to and responsible for compliance with the export control and economic sanctions laws of the United States and other applicable jurisdictions. Materials may not be used, sold, leased, exported, imported, re-exported, or transferred except as in compliance with such laws, including, without limitation, export licensing requirements, end-user, end-use, and end-destination restrictions, and prohibitions on dealings with sanctioned individuals and entities, including but not limited to persons on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List. Customer represents and warrants that it is not the subject or target of and that Customer is not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of, economic sanctions of the United States or other applicable jurisdictions.
7. Software. Bharathi Systems & Services has no right, title, or interest in any software that may be contained in or a part of the Products. The title to software will remain with the applicable licensor(s). Any rights that Customer may have with respect to the software shall arise only pursuant to license agreements (“Licenses”) between Customer and the licensor(s), which Licenses may be contained within the packaging associated with the Products. The customer agrees to use all software in accordance with the Licenses.
8. Warranties. THE LIMITED WARRANTIES APPLICABLE TO HARDWARE PRODUCT SOLD CAN BE FOUND PRODUCT PAGE.
9. Return Policies. Subject to the following requirements, Customer may return the Products purchased from Bharathi Systems & Services pursuant to this Agreement within thirty (30) days from the date of shipment and obtain a credit or refund of the purchase price paid less shipping and handling and any applicable restocking fees (as detailed in Section 10) to the credit card account used to purchase the Products or if payment was made by check or wire transfer, by Cheque. To return the Products, the Customer must call Bharathi Systems & Services at 8088820222 to receive a Return Material Authorization. Customer must ship the Products to Bharathi Systems & Services in their original packaging and insure the shipment or accept the risk of loss or damage during shipment, all of which shall be at the Customer’s expense. The original sales invoice(s) must accompany the returned Products. To be eligible for a return, the Products must be in the same condition as when shipped to the Customer, and all of the manuals, diskettes, power cords, software, and other items included with the Products must also be returned. No returns will be allowed for Products that are damaged while in the Customer’s possession or control. FROM TIME TO TIME, Bharathi Systems & Services MAY, IN ITS SOLE DISCRETION, EXCHANGE PRODUCTS OR PORTIONS OF A PRODUCT. NOTE: Before you ship the product(s) to us, make sure to back up the data on the hard drive(s) and any other storage device(s) in the product(s). Remove any confidential, proprietary, or personal information and removable media such as floppy disks, CDs, or PC Cards. We are not responsible for any of your confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media.
10. Restocking Fees. Unless the product is defective (as reasonably determined by Bharathi Systems & Services) or the return is a direct result of a Bharathi Systems & Services error, Bharathi Systems & Services will charge a restocking fee of 15% of the purchase price paid.
11. Limitation of Liability. Bharathi Systems & Services DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. BHARATHI SYSTEMS AND SERVICES WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. BHARATHI SYSTEMS AND SERVICES’ SOLE LIABILITY FOR ANY CLAIMS, WHETHER BASED IN CONTRACT OR TORT, AT LAW OR IN EQUITY, FOR ANY LOSS OR DAMAGES ARISING, RESULTING FROM, OR CONNECTED WITH THE PRODUCTS, THE WEB SITE AND THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF SUCH LOSS OR DAMAGES OR THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.
12. Applicability of Limitations on Warranties and Remedies to Certain Customers. Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply and the Customer may have additional rights to those contained herein.
13. Applicable Law; THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS AND FEDERAL LAW, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. The customer agrees to comply with all applicable laws and regulations of the various states and of the United States, including all applicable government export laws and regulations including those which apply to the export of data. The customer agrees and represents that it is buying for its own internal use only unless prior written approval from BSS has been executed.
14. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this Agreement or to enter an order for Products which are subject to additional or altered terms and conditions shall be null and void unless otherwise agreed to in a written agreement signed by both Customer and Bharathi Systems & Services.
15. Headings. The section headings used herein are for convenience of reference only and do not form a part of this Agreement, and no construction or inference shall be derived therefrom.
16. Severability. If any provision of this Agreement shall be illegal, invalid, or unenforceable to any extent under applicable law, such provision shall be fully severable. The remainder of this Agreement will remain in full force and effect and will not be terminated.
17. Other Product Information. Refurbished computers, used computer products and supplies limited to stock on hand. No rainchecks. Pricing, specifications, and availability are valid in the India only and subject to change without notice. Taxes, fees, shipping, handling, and any applicable restocking charges, other than free shipping offers, if applicable, are extra and vary. Special offers on refurbished computers not necessarily combinable. deals and discounts cannot be retroactively applied. Bharathi Systems & Services cannot be responsible for pricing or other errors and reserves the right to cancel orders arising from such errors. Due to the used computer supplies being limited to stock on hand, Bharathi Systems & Services reserves the right to cancel any orders in which the payment method used is not authorized within 2 business days of the order processing. Your order is subject to cancellation by Bharathi Systems & Services, at Bharathi Systems & Services’ sole discretion. If orders are canceled by Bharathi Systems & Services, all equipment, parts, and related item(s) will be returned to stock.
18. COD Advance will not be refunded in below cases
- Your Order Shipped and You Cancel the Order
- Delivery is not taken / rejected / denied
19. COD Fee will not be returned as Fee is taken by Courier Company.