By accepting delivery of any product delivered from Ben's Bazaar you ("Customer") agree to be bound by the terms and conditions listed below. You and Ben's Bazaar agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Ben's Bazaar. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Ben's Bazaar. Satisfaction Guarantee Ben's Bazaar offers our Customers a 30-day satisfaction replacement or refund guarantee on all purchases, except: 14 OR 30-DAY TRY OUT PERIOD FOR CELL PHONE PURCHASED WITH CELL PHONE SERVICE PLAN. CUSTOMERS WHO PURCHASE WIRELESS COMMUNICATION EQUIPMENT, SUCH AS CELL PHONES, FROM BEN'S BAZAAR AND WHO PURCHASE A WIRELESS COMMUNICATION SERVICE PLAN FROM A THIRD PARTY THROUGH BEN'S BAZAAR AS PART OF THE SAME ORDER, HAVE AN OPPORTUNITY TO TRY OUT THE SERVICE AND EQUIPMENT TO MAKE SURE THEY ARE SATISFIED. IF ACCORDING TO THE AGREEMENT FOR WIRELESS SERVICE BETWEEN CUSTOMER AND THEIR WIRELESS SERVICE PROVIDER CUSTOMER IS ABLE TO CANCEL THEIR SERVICE (SERVICE CANCELLATION IS ACTUALLY GOVERNED BY THE TERMS OF YOUR AGREEMENT WITH THE WIRELESS SERVICE PROVIDER AND SHOULD BE REVIEWED) WITHIN 14-DAYS (HOWEVER IT MAY INSTEAD BE THIRTY (30) DAYS FOR ACTIVATIONS BY CUSTOMERS WHOSE PRIMARY PLACE OF USE OF THE SERVICE IS WITHIN THE STATE OF CALIFORNIA (I.E. THE CUSTOMER'S SERVICE IS ACTIVATED USING A CALIFORNIA AREA CODE) AND WHO PURCHASE THEIR SERVICE ON OR AFTER DECEMBER 6, 2004) THEN CUSTOMER MAY ALSO RETURN THE WIRELESS COMMUNICATION EQUIPMENT WITHIN SUCH SAME TIME PERIOD (I.E. 14 DAYS OR 30 DAYS AS APPLICABLE) AFTER ACTIVATION, WITH NO EARLY TERMINATION FEE, NO NON-USAGE BASED FEE, NO RESTOCKING FEE AND NO REIMBURSEMENT OF ANY EQUIPMENT DISCOUNT. To take advantage of the Ben's Bazaar satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of Ben's Bazaar's Return Policy Procedure will result in the loss of Ben's Bazaar's refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected. Product Return Procedure To return a product in compliance with the Ben's Bazaar satisfaction guarantee, you must contact Ben's Bazaar via e-mail within 30 days of your purchase. Customer is solely responsible for shipping any returned product to Ben's Bazaar. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Ben's Bazaar's Return Procedure will be breached and Ben's Bazaar may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s). Ben's Bazaar will not refund to Customer the original shipping charges. In addition, Ben's Bazaar will assess a 15% restocking fee against the Customer's account on all returns for refund. Warranties; All product sold "AS-IS" or "With All Faults" BEN'S BAZAAR IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY BEN'S BAZAAR ARE NOT MANUFACTURED BY BEN'S BAZAAR. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). BEN BAZAAR ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. BEN'S BAZAAR MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. BEN'S BAZAAR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH BEN'S BAZAAR ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR BEN'S BAZAR , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Year 2000 Policy Customer's only recourse for any "Year 2000" issue is against the applicable manufacturer under its manufacturer warranty. Please contact the manufacturer to determine warranty coverage for "Year 2000" compliance problems. BEN'S BAZAAR DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO "YEAR 2000" COMPLIANCE OF ANY PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARICULAR PURPOSE. Limitation of Liability IN ALL CIRCUMSTANCES BEN'S BAZAAR'S 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. BEN'S BAZAAR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BEN'S BAZAAR SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BEN'S BAZAAR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. Recordings Ben's Bazaar does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with Ben's Bazaar unless Customer has provided clear and conspicuous notice to Ben's Bazaar and has received prior written consent from Ben's Bazaar. General Terms and Conditions Orders An order is not binding upon Ben's Bazaar until it is accepted; Ben's Bazaar must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Ben's Bazaar. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. Shipping Charges Your total cost for purchase of any product will include shipping and handling charges shown on the Ben's Bazaar invoice. Risk of Loss Ben's Bazaar will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Ben's Bazaar reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Ben's Bazaar to sign appropriate documents on Customer's behalf to permit Ben's Bazaar protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Ben's Bazaar will advise Customer of estimated shipping dates, but Ben's Bazaar will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes. Governing Law and Jurisdiction Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Ben's Bazaar and Customer shall be governed by the laws of the State of New York, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Ben's Bazaar and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Nwe York, New York County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Ben's Bazaar that is more than one year after the date of the applicable invoice. Severability If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New York law. Waiver The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing. Entire Agreement These terms and conditions, together with Ben's Bazaar 's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Ben's Bazaar and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Ben's Bazaar and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.