Thanks for shopping at BIZON. We appreciate the fact that you like to buy the cool stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.
As with any shopping experience, there are terms and conditions that apply to transactions at a BIZON Store (Technostore LLC). The main thing to remember is that by requesting or downloading a quotation, placing an order, making a payment, or accepting delivery of a product from BIZON, you agree to the terms set forth below (the “Terms of Sale” or “Terms”) along with the policies incorporated into them in Section 2.
These BIZON Terms of Sale (“Agreement”) contain the terms and conditions that apply to any quotation, order, purchase, receipt, delivery, use of any computer system(s) and/or any related BIZON products and/or services and support (“Product” or “Products”) sold by Technostore LLC (dba BIZON) and/or any of its subsidiaries or affiliates (collectively, “BIZON”), and is a legal contract between the purchaser (“Buyer”, “Customer” or “you”) and BIZON. By placing an order, making a payment, or accepting delivery of the Product(s) purchased from BIZON and described on your quotation, order confirmation or invoice, you agree to be bound by and accept the following terms and conditions.
Buyer expressly agrees that these terms and conditions govern its purchase of any Products from BIZON, and the provision of any and all other materials, goods and services from and by BIZON, and any of its divisions, subsidiaries and affiliates as well as by third party vendors and/or service providers of BIZON. Buyer further agrees that these terms and conditions, whether printed on a purchase order or otherwise, supersede and take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Any conflicting statements or terms on Buyer’s purchase orders, invoices, confirmations, vendor registration forms, supplier portals, click-through terms or other Buyer-generated documents are negated by this Agreement. BIZON’s performance of any obligation to Buyer is expressly made conditional on Buyer’s acceptance and agreement to BIZON’s terms and conditions of sale herein, unless otherwise agreed to in writing by BIZON. In the absence of such agreement, BIZON’s commencement of performance and/or delivery of Product shall be for Buyer’s convenience only, and shall not be deemed or construed to be acceptance of Buyer’s terms and conditions or any of them. Buyer’s acceptance of any Product or Products shall be deemed acceptance of the terms and conditions stated herein. Acceptance by Buyer is limited to and conditioned upon Buyer’s assent to these terms and conditions. Neither BIZON’s commencement of performance or delivery shall be deemed or constituted as acceptance of Buyer’s supplemental or conflicting terms and conditions. Buyer’s acceptance of the Products and/or Services from BIZON shall be deemed to constitute acceptance of the terms and conditions contained herein. THESE TERMS AND CONDITIONS MAY ONLY BE WAIVED OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY A DULY AUTHORIZED OFFICER OF BIZON.
Where Buyer and BIZON have executed a separate written agreement signed by a duly authorized officer of BIZON (for example, with government agencies, government contractors or institutional purchasers), that agreement governs to the extent of any express conflict with these Terms, and these Terms apply in all other respects.
The following BIZON policies, as posted at bizon-tech.com and as updated from time to time, are incorporated into and form an integral part of this Agreement by this reference, and a reference to these Terms of Sale in any quotation, order, invoice or other document includes each of them:
In the event of a conflict between these documents, the following order of precedence applies: (i) the Export Compliance Policy; (ii) these Terms of Sale; (iii) the Limited Warranty; (iv) the EULA; (v) the Returns & Refunds Policy and the DOA and Damaged Shipping Policy; (vi) the Shipping & Handling Policy and Payment Methods; (vii) the Privacy Policy. Buyer acknowledges that it has read and understood each of the incorporated policies before placing an order.
A quotation issued or generated by BIZON (“Quote”), whether downloaded from the BIZON website, generated through the BIZON online configurator or sent by a BIZON sales representative, is an invitation to Buyer to place an order and is subject to these Terms of Sale, which are incorporated into every Quote by reference. Every Quote states its validity period (“Valid through”) and expires automatically at the end of that period unless extended in writing by BIZON. Buyer accepts a Quote and places an order by making payment against it, by submitting a purchase order referencing it, by clicking “Make a Payment” or by otherwise confirming the order in writing; each such act constitutes Buyer’s acceptance of these Terms of Sale in effect on that date. A Quote does not reserve inventory, production capacity or pricing until the order is accepted by BIZON and payment is received.
Unless otherwise indicated, all price quotes are based on a cash discount offered to all buyers for payment by ACH, bank wire transfer or check as permitted by law; payments by credit or debit card are subject to the card surcharge described in Section 5. The prices for Products are set forth in BIZON’s Quote and may be increased, decreased or otherwise changed at any time without prior notice to Buyer until the Quote is accepted by Buyer and the order is accepted by BIZON. Once an order has been accepted by BIZON and payment in full has been received, the price of the ordered Products is fixed for that order and BIZON will not pass on to Buyer subsequent increases in component costs, tariffs, customs duties or supplier pricing, except where the change results from a modification of the order requested by Buyer.
Prices quoted are exclusive of and will be increased by all applicable federal, state, municipal or other government excise, sales, use, occupational or like tax, tariffs, customs, duties and import fees, applicable at the time of sales or thereafter enacted, all of which Buyer shall be responsible for paying. BIZON has the legal obligation to collect tax or taxes added by BIZON to the sales price, which will be paid by Buyer, unless Buyer delivers to BIZON with the purchase order a proper tax exemption certificate applicable to BIZON and the applicable taxing authority. A tax exemption certificate must be received by BIZON before the order is invoiced; BIZON does not refund sales tax collected on orders for which a valid certificate was not provided before invoicing, and Buyer may seek a refund directly from the taxing authority. BIZON, at its discretion, reserves the right to accept or reject any such claims. If a taxing authority later determines that tax was due on a sale that Buyer represented as exempt, Buyer shall pay such tax, together with any interest and penalties, on demand. Unless otherwise noted in the quotation, published or quoted prices are net at BIZON’s facilities located in Hollywood, FL, and shipping, handling, insurance and freight are additional unless the Quote states otherwise.
Prices shown are in U.S. dollars. If you are paying for your order with an international Visa, MasterCard, or American Express credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees. BIZON reserves the right to change prices for products displayed at/on the BIZON Store at any time, and to correct pricing errors that may inadvertently occur; if a pricing error affects an order that has already been placed, BIZON will notify Buyer and give Buyer the option to proceed at the corrected price or to cancel the order for a full refund.
BIZON may, in its sole discretion, refuse or cancel any order and limit order quantity. BIZON may also require additional qualifying information prior to accepting or processing any order, including verification of Buyer’s legal identity, business registration, billing and shipping addresses, payment source, and the end-user and end-use information described in the Export Compliance Policy. Once we receive your online order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify BIZON’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. The BIZON Store reserves the right at any time after receiving your order to accept or decline your order for any reason. If BIZON cancels an order after you have already been billed, BIZON will refund the billed amount in full. Only one discount or coupon applies at a time. Discounts granted on the basis of Buyer’s status (for example, academic, research, startup or program pricing) are conditional on Buyer’s eligibility; if Buyer is found not to be eligible, BIZON may cancel the order or invoice the difference.
Payment in full of the entire order amount is due at the time the order is placed, and in any event before BIZON orders components, begins production or ships any Product. BIZON does not accept deposits or partial payments and does not extend credit unless expressly agreed in a separate written agreement signed by a duly authorized officer of BIZON. A purchase order issued by Buyer is accepted as an ordering document only and does not by itself constitute payment. Accepted payment methods are described in the Payment Methods page. Production lead times begin only when payment has been received and has cleared; for ACH, wire and check payments, BIZON may wait until the funds are irrevocably credited to BIZON’s account before commencing production.
Quoted prices assume payment by ACH, bank wire transfer or check. If Buyer elects to pay by credit or debit card, a card processing surcharge of 2.9% of the amount charged is added to the order total. This surcharge is a cost of payment processing, is disclosed before the card is charged, and is non-refundable in the event of any subsequent cancellation, return or refund. BIZON may decline card payments for orders above a threshold set by BIZON from time to time and require payment by ACH or wire instead. BIZON charges the card when the order is submitted, after verifying card details, obtaining credit authorization and confirming product availability.
Buyer agrees that any dispute concerning an order, delivery, Product or refund shall be raised with BIZON directly under these Terms and the Returns & Refunds Policy, and Buyer waives, to the fullest extent permitted by applicable law and card network rules, the right to initiate a chargeback, payment reversal or dispute with its card issuer, bank or payment processor with respect to any Product that has been delivered to the address specified in the order or that is in production in accordance with the order. Any chargeback, reversal or dispute initiated by Buyer in breach of this paragraph constitutes a material breach of this Agreement; Buyer shall reimburse BIZON for the disputed amount, all chargeback fees, and all costs of collection, including reasonable attorneys’ fees, and BIZON may suspend production, shipment, warranty service and support for all of Buyer’s orders until the dispute is resolved and such amounts are paid.
Title to the Products passes to Buyer upon BIZON’s receipt of payment in full. Until payment in full is received, BIZON retains title to the Products and a purchase-money security interest in them and in the proceeds thereof, and Buyer authorizes BIZON to file any financing statement necessary to perfect that interest.
Every BIZON workstation, server and cluster is custom-configured and built to order according to the configuration selected by Buyer. BIZON orders components and begins assembly for Buyer’s specific configuration once payment has cleared. The lead times stated on product pages, in Quotes or in order confirmations are good-faith estimates based on component availability at the time they are given and are not guaranteed delivery dates. Lead times may change because of component allocation and shortages, supplier and manufacturer delays, demand, testing requirements, export-control and compliance verification, carrier capacity, and the events described in Section 14, and BIZON will inform Buyer of material changes in the estimated lead time. A delay in delivery does not entitle Buyer to any damages, price reduction or other compensation. If BIZON has not shipped the Products within sixty (60) days after the estimated ship date most recently communicated to Buyer in writing, and the delay is not attributable to Buyer, Buyer may cancel the undelivered portion of the order by written notice to BIZON and receive a full refund of the amounts paid for the undelivered Products, which shall be Buyer’s sole and exclusive remedy for late delivery.
BIZON reserves the right to substitute any component with a component of equal or better specification and quality (including without limitation a different brand, model or revision of memory, storage, motherboard, power supply, cooling or chassis component) when the originally specified component is unavailable, discontinued or replaced by its manufacturer, without prior notice and without a change in price, provided that the substituted system meets or exceeds the quoted specifications. Changes to the GPU or CPU model specified in the order will be made only with Buyer’s written consent. Changes to an order requested by Buyer after acceptance are subject to BIZON’s approval, may change the price and the lead time, and may be refused if components have already been ordered or assembly has begun.
We fundamentally believe you will be thrilled with the products you purchase from the BIZON Store. That’s because we go out of our way to ensure that they’re designed and built to be just what you need. We understand, however, that sometimes a product may not be what you expected it to be. In that unlikely event, we invite you to review the following terms related to returning a product.
The 30-day return is honored only if the computer system is returned to BIZON within 30 days from the date of original delivery, the system is not NCNR under the paragraph above, and BIZON has verified defective hardware component(s) inside the computer, as further described in the Returns & Refunds Policy. Non-defective returns of eligible products may be accepted at BIZON’s discretion and are subject to a 20% restocking fee and the other conditions of the Returns & Refunds Policy. Refunds do not include freight charges, the card processing surcharge, or the value of any discount, promotional item or program pricing that the returned Product qualified Buyer for. All returns require a Return Merchandise Authorization (RMA) number. Fees may apply. For the complete Returns & Refunds Policy and details on how to return a product, visit the Returns & Refunds Policy page.
Cancellation before shipment. If you complete a purchase and wish to cancel it before it has shipped, contact BIZON at support@bizon-tech.com. For orders that are not NCNR, BIZON will cancel the order and refund the amounts paid, including shipping, less the non-refundable card processing surcharge. NCNR orders may not be cancelled by Buyer once BIZON has ordered components or begun production; BIZON may, in its sole discretion, agree to cancel an NCNR order before shipment, in which case BIZON will refund the amounts paid less the non-refundable card processing surcharge and less any cancellation or restocking charges imposed on BIZON by its suppliers and other costs that BIZON cannot recover. Section 6 (late delivery) and Section 4 (cancellation by BIZON) apply notwithstanding this paragraph.
Please review the Shipping & Handling page to learn about how and when you will receive the products you purchased from the BIZON Store. Since the actual delivery of your order can be impacted by many events beyond BIZON’s control once it leaves our facilities, BIZON cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.
Where BIZON selects the carrier and arranges and invoices the shipment, the Products are shipped F.O.B. Destination: BIZON bears the risk of loss or damage in transit until the Products are delivered to the carrier’s delivery point at the address specified in the order, and BIZON will insure the shipment and handle any claim against the carrier, provided that Buyer complies with the inspection, documentation and notification requirements of Section 9 and the DOA and Damaged Shipping Policy. Where Buyer arranges the shipment, uses its own carrier account or freight forwarder, requests delivery to a forwarder or consolidator, collects the Products at BIZON’s facilities (local pickup), or where the Products are shipped outside the United States under a routed export transaction as described in the Export Compliance Policy, the Products are delivered Ex Works (EXW) BIZON’s facilities in Hollywood, FL: risk of loss or damage passes to Buyer when BIZON tenders the Products to Buyer or to Buyer’s carrier, forwarder or agent, and Buyer is responsible for insurance and for any claim against the carrier.
Products are shipped only to the shipping address stated in the order; BIZON does not reroute shipments, deliver to P.O. boxes, FPO/APO addresses, freight-forwarding or package-forwarding addresses without prior written approval, or release shipments for hold-at-location pickup. A signature by an adult is required for all deliveries. If a shipment is refused, undeliverable because of an incorrect or incomplete address supplied by Buyer, or returned because Buyer failed to accept delivery, Buyer is responsible for all additional shipping, storage and handling charges, and BIZON may treat the order as a non-defective return subject to the Returns & Refunds Policy. Buyer is responsible for providing a delivery location suitable for freight delivery (loading dock, forklift or liftgate requirements, and delivery appointment) for servers, racks and palletized shipments.
Buyer must inspect every shipment, including the contents of the packaging, at the time of delivery and before signing the carrier’s delivery receipt, and must note any visible damage on the delivery receipt or refuse delivery of visibly damaged packages. Buyer must notify BIZON in writing of any damage, shortage, missing package or non-conformity within two (2) calendar days after delivery, retain all packaging materials, cartons, pallets and the damaged Product for inspection, and provide photographs on request. Claims for damage, shortage or non-conformity that are not reported within that period, or for which the packaging has not been retained, are waived to the fullest extent permitted by law, and the Products are deemed accepted. A Product that fails to operate on first use out of the box is handled under the DOA and Damaged Shipping Policy, which also requires notice within two (2) calendar days after delivery. After the inspection period, Buyer’s remedies for defects are those provided in the Limited Warranty.
The purchase and use of BIZON products are subject to additional terms and conditions found at https://BIZON-TECH.com/warranty/ (the “Limited Warranty”). The warranty option that applies to an order is the option stated on the Quote and order confirmation. Third-party products that do not bear the BIZON brand are covered by their manufacturers’ warranties only.
THE LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY BIZON WITH RESPECT TO THE PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIZON DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BIZON DOES NOT WARRANT THAT THE PRODUCTS WILL MEET BUYER’S REQUIREMENTS, THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PARTICULAR PERFORMANCE, BENCHMARK, THROUGHPUT OR COMPATIBILITY WITH BUYER’S SOFTWARE, WORKLOADS, DATA, NETWORK OR FACILITIES WILL BE ACHIEVED. BENCHMARKS, PERFORMANCE FIGURES, POWER AND THERMAL FIGURES, AND SYSTEM RECOMMENDATIONS PUBLISHED BY BIZON OR PROVIDED BY ITS SALES OR ENGINEERING STAFF ARE FOR GENERAL GUIDANCE ONLY AND DO NOT CONSTITUTE WARRANTIES. BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THAT THE CONFIGURATION IT SELECTS IS SUITABLE FOR ITS INTENDED USE AND FACILITIES, INCLUDING POWER, COOLING, NETWORK AND SPACE REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO BUYER; IN THAT CASE ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE DURATION OF THE LIMITED WARRANTY.
The standard warranty stated above in the Warranty Section applies to BIZON-branded products and/or other items bought from BIZON Store shipped to a country outside of the United States to which BIZON ships under the Export Compliance Policy, provided that customers outside of the United States are responsible for paying all freight charges incurred in shipping, importing/exporting, receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to BIZON. All international customers are responsible for all customs duties, VAT and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
Software pre-installed on or provided with the Products, including BizonOS, Z-Hub, operating systems, drivers, NVIDIA software and other third-party software, is licensed, not sold, and is subject to the BIZON End User License Agreement and to the license terms of the respective third-party licensors, which Buyer accepts by using the Product. BIZON does not warrant third-party software. NVIDIA GeForce (Gaming Series) Software — No Datacenter Deployment. The SOFTWARE is not licensed for datacenter deployment, except that blockchain processing in a datacenter is permitted. The purchase and use of BIZON systems are subject to additional terms and conditions found at https://www.nvidia.com/en-us/drivers/geforce-license/. Buyer is solely responsible for backing up its data before shipping any Product to BIZON for return, repair or warranty service and for removing confidential, proprietary and personal information and removable media; BIZON is not responsible for lost, corrupted or disclosed data or for removable media.
BIZON shall not be liable for any failure or delay in performance caused in whole or in part by events beyond its reasonable control, including without limitation acts of God, fire, flood, hurricane, storm, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, shortages or allocation of components, failure or delay of suppliers, manufacturers or carriers, failure of utilities or telecommunications, cyberattack, changes in law or regulation, tariffs or trade restrictions, export-control or sanctions actions, licensing requirements or governmental orders. During any such event BIZON’s time for performance is extended for the duration of the event, and BIZON may allocate available Products among its customers in any manner it considers fair. If such an event continues for more than ninety (90) days, either party may cancel the affected order by written notice and BIZON will refund the amounts paid for undelivered Products, less any card processing surcharge, as Buyer’s sole remedy.
BIZON sells and ships products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale. Buyer represents that it is purchasing the Products for its own use and not for resale, distribution, brokering or export, except as disclosed to and approved by BIZON in writing in accordance with the Export Compliance Policy.
All Products, software, technology and services sold or provided by BIZON are subject to the BIZON Export Controls and Sanctions Compliance Policy, which is incorporated into and forms an integral part of this Agreement as if set out in full herein. By accepting a Quote, placing an order, making a payment or accepting delivery, Buyer makes each of the representations, warranties, certifications and covenants contained in the Export Compliance Policy, including those concerning permitted destinations, restricted parties, prohibited end uses, end-user assurances, re-export, cancellation, forfeiture, liquidated damages and indemnity, and agrees that a breach of the Export Compliance Policy is a material breach of this Agreement. Without limiting the foregoing, Buyer acknowledges that Products, software, and technical information provided under this Agreement are subject to the U.S. Export Administration Regulations and other export laws, rules and regulations, agrees not to export, re-export, directly or indirectly, transfer, or transmit the Products, software, or technical information except in compliance with any and all such laws, rules and regulations, and agrees to hold harmless and indemnify BIZON from any claim or damage arising out of or relating to any alleged violation of any export law, rule or regulation, including payment of attorneys’ fees and costs.
Given the popularity and/or supply constraints of some of our products, BIZON may have to limit the number of products available for purchase. Trust us, we’re building them as fast as we can. BIZON reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when BIZON confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered, BIZON will cancel the order and refund your purchase price in full. This doesn’t apply to the cases where the product is reserved for a specific period and availability is confirmed by BIZON’s sales representative via email.
You agree (i) that BIZON may identify you as a customer of BIZON products and use your logo in sales presentations, marketing materials and press releases, and (ii) to develop a brief customer profile for use by BIZON for promotional purposes. You may withdraw this consent at any time by written notice to sales@bizon-tech.com, in which case BIZON will cease new uses of your name and logo within a reasonable time.
BIZON has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use. BIZON WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.
BIZON DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. BIZON WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, DOWNTIME, COST OF SUBSTITUTE EQUIPMENT OR COMPUTING CAPACITY, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, 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. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, BIZON IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY OR OTHERWISE, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BIZON’S NEGLIGENCE OR FOR FRAUD.
The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, not including its conflicts of law provisions, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. BIZON and the Customer agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Products or the relationship of the parties shall be brought exclusively in the state courts located in Broward County, Florida, or the United States District Court for the Southern District of Florida, and each party irrevocably submits to the personal jurisdiction and venue of those courts and waives any objection based on inconvenient forum. Notwithstanding the foregoing, BIZON may bring an action to collect amounts due or to recover Products in any court having jurisdiction over Buyer or the Products. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCTS. ANY CLAIM MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. In any action to enforce this Agreement, the prevailing party is entitled to recover its costs and reasonable attorneys’ fees, including on appeal and in any collection, bankruptcy or arbitration proceeding. Any claim by Buyer arising out of or relating to this Agreement or the Products must be commenced within one (1) year after the cause of action accrues, or it is barred.
Entire Agreement. This Agreement, together with the Quote, the order confirmation, the invoice and the policies incorporated in Section 2, constitutes the entire agreement between Buyer and BIZON with respect to the Products and supersedes all prior or contemporaneous proposals, quotations, negotiations, representations and agreements, whether written or oral. Buyer acknowledges that it has not relied on any statement, representation or promise not expressly set out in this Agreement. Modifications. BIZON may update these Terms of Sale and the incorporated policies at any time by posting a revised version on bizon-tech.com; the version in effect on the date BIZON accepts an order governs that order. You are responsible for reviewing the Terms for updates or changes. Assignment. Buyer may not assign or transfer this Agreement or any order without BIZON’s prior written consent; BIZON may assign this Agreement to an affiliate or to a successor of its business. Waiver. No waiver by BIZON of any breach is a waiver of any other or subsequent breach, and no failure or delay by BIZON in exercising any right operates as a waiver of that right. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law. Survival. Sections 5, 9, 11, 13, 16, 19, 20, 21 and 22 and any other provision which by its nature should survive, survive delivery of the Products and any termination or cancellation of an order. Notices. Notices to BIZON must be sent in writing to Technostore LLC (dba BIZON), 3005 Greene St, Hollywood, FL 33020, USA, with a copy by email to sales@bizon-tech.com; notices to Buyer may be sent to the email or postal address on the order. Relationship. The parties are independent contractors; nothing in this Agreement creates a partnership, joint venture, agency or franchise. Headings are for convenience only and do not affect interpretation. Language. This Agreement is written in English; any translation is for convenience only and the English version controls.
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