Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company‘s terms and conditions. Burton Technical Services LLC “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
All clients placing orders with Burton Technical Services LLC must be 18 years of age or older.
We are committed to protecting your privacy. Only authorized employees within the company, on a need to know basis, use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate offences for unauthorized actions against our computer systems and data with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client‘s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
* excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
* excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
* excludes all liability for pricing errors published on this website. All pricing subject to change without notice.
Payment & Orders
Visa, MasterCard, Discover, American Express, Dinners Club, JCB Credit/Debit Cards, check, and money order are all acceptable methods of payment. When placing an order online, an authorization will be placed on your account. This is not a full charge. When the order is processed and shipped, we will complete the authorization. Any authorizations that have not been completed will be automatically reversed by your bank. The amount of time this takes is dependent upon your bank. Orders and order pricing, including those for repair and return, are valid for 30 days. Orders for repair and return must be received within 30 days, or the order may be cancelled. We will call before any cancellations. Our Terms are payment in full before shipment of goods if you have a “Prepay” account, or within thirty days if you have a “Net 30” account. If a payment method of “Net 30 or CC on File” is used during checkout, then we will verify the status of your account before shipment of goods. If there is not a credit card on file, or you do not have a Net 30 account established with the Company, we will call you for payment information before goods are shipped. All goods remain with the Company until paid for in full, unless otherwise stated. Monies that remain outstanding by the due date will incur late payment on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via Collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
We do our best to fulfill orders as soon as possible. If the order has not yet been processed, we will cancel the order upon your request. If the order has already been processed and/or status updated to “Shipped” but has not left our facility, then a 20% restocking fee may apply. Any order that has already been shipped and left our facility will not be cancelled, and will be subject to our Shipping and Return Policy.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded. Refunds may not include shipping charges, depending on the circumstances. Orders with authorizations are not considered refundable. Only orders that have been updated from authorized to charged are subject to a refund. Authorizations that have not been processed and charged will fall off your account. The time this takes is dependent upon your bank. Refunds will be applied to the credit card used during the transaction only, or will be applied as a credit to your account. All refunds may be subject to a 20% restocking or handling fee. Credits for cores, advance replacements, or parts sold to the Company are given as credit on your account, or as reward points, whichever you prefer. You must redeem these credits and/or reward points at your own discretion. We will not redeem them or apply to invoices without your consent.
We do our best to keep the parts you need in stock, but not all parts, on our website or otherwise, may be available. If there is an urgency for the part, we suggest you call us for availability before placing your order. You are solely responsible for evaluating the fitment of any parts and/or services with your machine. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party‘s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature.
This company is registered in Texas, 1214 Metro Park Blvd Suite 101, Lewisville, TX 75057.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Texas and the United States govern these terms and conditions. By accessing this website and using our services and/or buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the Texas courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.