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AGREEMENT BETWEEN USER AND BURROUGHS
The provisions of this paragraph together with the Terms and Conditions set forth below will govern, as applicable, your (you are hereinafter referred to as the “Client”) purchase of “Products”, “Software” licenses and associated “Support Services” from the Burroughs iStore online “Catalog”. For the purpose of these Terms and Conditions together with the electronic order placed by Client together constitute the agreement (the “Agreement”) between Burroughs and the Client for the Products, Software, or Support Services ordered from the iStore catalog. Client will identify its legal entity name and address in the applicable sections on the inline order form. Burroughs, Inc. legal name and address is Burroughs, Inc., 41100 Plymouth Rd, Plymouth, Michigan 48170. Any notices to be sent pursuant to this Agreement will be sent to these addresses by overnight courier service or US mail, with delivery confirmation requested. By Clicking on the “I AGREE” button, client signifies that it agrees to be legally bound by these Terms and Conditions.
Terms and Conditions
This Agreement is effective when client clicks on the “I AGREE” button with respect to the Products, Software, or Support Services which Client has ordered from the Catalog. Orders are subject to item availability. Burroughs, Inc., may substitute an equal or better item if an item ordered is not available.
Burroughs, Inc., will ship Products and Software. Customer will pay Burroughs, Inc., charges for transportation and handling. All risk of loss or damage will pass to Client upon delivery to Client. Title to Software remains with Burroughs, Inc., or its licensors; title to Products passes to Client on shipment.
Client will pay then current Burroughs, Inc., transportation charges and will install the Products and Software.
Prices are subject to change without notice. Prices shall be those in effect at the time an order is accepted by Burroughs, Inc., may add a handling charge to orders less than $50.00. Customer will pay any tax Burroughs, Inc., becomes obligated to pay by virtue of these Terms and Conditions, except for taxes based on the net income of Burroughs, Inc.
Upon shipment of Products and/or Software, Burroughs, Inc., will invoice all charges, including the purchase price of the Products, license fees for Software and any associated Support Services charges for the ordered term of Support Services. Unless already paid by credit card at the time of order, Client shall pay invoices within thirty (30) days after invoice date. Burroughs, Inc., may impose a late payment charge equal to the lesser of (a) 1 and ½% per month or (b) the maximum rate allowed by law. Client will pay any tax arising out of this Agreement except for taxes based on Burroughs, Inc., net income.
Client’s Operational Responsibilities
Client is responsible for the selection of the Products and Software and using the same according to the manufacturers’ instructions in the proper operating environment.
Software is licensed and is not sold to Client. Burroughs, Inc., and its licensors retain all rights in any intellectual property contained in any Software and its associated documentation. If Burroughs, Inc., distributes Software with a separate license, that license agreement shall govern the use of the Software (including its warranties, restrictions and remedies). Client agrees to abide by that separate license agreement unless Client returns the Software in its original packaging promptly upon receipt and before use by client. If Burroughs, Inc., provides Software without a separate license agreement the following license terms apply: Software and documentation are licensed on a personal, nonexclusive and non-transferable basis for internal use in the United States but not as a service bureau or for outsourcing or for facilities management. Software is licensed for use on a single machine or, if the Burroughs, Inc., then current license plan for the Software is different, for use with the number of machines and end-users authorized by Burroughs, Inc., under the license plan ordered by Client. Client will not copy Software or its associated documentation except that Client may make an archival copy of the Software provided the copies have all the legends and notices that are on the original item. Copies are subject to these Terms and Conditions. Customer will note export or re-export Software or its associated documentation without the appropriate United States or other government licenses. Client will not reverse engineer, decompile, disassemble, or modify any Software provided under these Terms and Conditions.
Unless otherwise specified by Burroughs, Inc., all Burroughs, Inc., branded hardware Products are warranted to be free from defects in materials and workmanship for twelve (12) months from the date of delivery to Client (the “Warranty Period”). Burroughs, Inc., will repair or, at its option, replace defective Product reported by Client to Burroughs, Inc., during the Warranty Period, which Burroughs, Inc., determines was defective due to faulty materials or workmanship. Customer will pay transportation and insurance costs to ship is off-site repair is designated by Burroughs, Inc., and Burroughs, Inc., will pay return shipping costs is a Product is defective. Unless otherwise specified by Burroughs, Inc., all Burroughs, Inc., branded Softwares warranted to conform substantially to its then-current functional specifications for a period of ninety (90) days from the date delivered to Client (the “Software Warranty period”) provided it is used properly. If the Software is reported in writing by the Client to Burroughs, Inc., during the Software Warranty Period as not conforming substantially to the then-current published functional specifications, Burroughs, Inc., will provide a workaround or correction for material errors in such Burroughs, Inc., branded Software that prevent its use in a production environment. The foregoing warranties do not extend to damage caused by normal wear and tear, accident, misuse, disaster, supplies, a non-suitable operating environment, use for any non-intended purpose or any non Burroughs, Inc., alterations, attachments, parts or repairs. All replaced or exchanged items become Burroughs, Inc., property.
With respect to any third party Products or Software which do not bear a Burroughs, Inc. label, Client agrees to look solely to the warranties and remedies, if any, provided by the original manufacturer of the Products or licensor of the Software and such warranties and remedies shall be the Client’s sole and exclusive remedy with respect to warranty or other claims relating to third party Products or Software.
Except as expressly stated herein there are no other warranties, express or implied, by operation of law or otherwise, extended to Client with respect to Products, Software, or Support Service. Burroughs, Inc. disclaims the implied warranties of merchantability and fitness for a particular purpose. Burroughs, Inc. warranties extend solely to Client.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Client. The foregoing warranties give Client specific legal rights, and Client may also have other rights which vary from state to state.
Limitation of Liability
Unless further limited in this agreement, Burroughs, Inc. entire liability and Client’s exclusive remedy for damages from any cause related to this agreement will not exceed the greater of (a) $5,000 or (b) the charges paid to Burroughs, Inc. for the Products or Services that are subject of the causes of action asserted.
Burroughs, Inc. will not be liable for (a) claims, demands or actions against Client by any person, except for claims that Products or Software with a Burroughs, Inc. label infringe a U.S. patent or copyright or misappropriate a trade secret protected under U.S. law provided Client give Burroughs, Inc. prompt notice, cooperation, and full authority to defend or settle the claim, (b) claims that a Product or item of Software infringes a patent or copyright or misappropriates a trade secret that results from Client’s alteration or misuse of the Product or Software or the use of the Product or Software in combination with any non Burroughs, Inc. branded Products or Software, (c) loss of, or damage to Client data from any cause, or (d) any indirect, special, punitive, incidental, or consequential damages, including but not limited to, loss of use, revenues, profits or savings, even if Burroughs, Inc. knew or should have known of the possibility of such damages.
Some states do not allow the exclusions or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Client
If Client has ordered Support Services for Products and/or Software the fixed period (“Term”) for provision of Support Services and the type of service will have been selected by Client at the time of ordering from the Catalog. The Term will commence on the date of delivery of the Products and/or Software. A detailed description of the orderable Support Services plans (Mail-In Service, Advance Exchange and Software Support) is set forth below:
As used in the plan descriptions the term “Failed Unit” means a unit of equipment enrolled under Support Services which is identified by Client as not in working order and deemed eligible by Burroughs, Inc. for exchange. “Exchange Unit” means a unit of equipment which may be new, repaired, or previously used equipment in working order that Burroughs, Inc. conveys to Client as replacement for Failed Unit.
Allows Client to log in to the Burroughs, Inc. Support Online Website at
and by providing the assigned Burroughs, Inc. style code and the serial number of the Failed Unit enrolled in the Support Service. Client will then be requested, at its expense and risk, to ship the Failed Unit to the Burroughs, Inc. designated location. Within seven (7) business days of receipt, Burroughs, Inc. will, at its option, either repair the Failed Unit or give the Client an exchange Unit.
Advance Exchange Service
Allows Client to notify Burroughs, Inc., of a Failed Unit by logging on to the Burroughs, Inc., Support Online Website at
and by providing the assigned Burroughs, Inc. style code and the serial number of the Failed Unit enrolled in the Support Services. Upon notification, Burroughs, Inc. will ship an Exchange Unit to the Client using next business day delivery service. Advance Exchange service is only eligible for Burroughs, Inc. Clients located in North America. Client will install the Exchange Unit and ship the Failed unit to Burroughs, Inc. within fourteen (14) days after Client’s receipt of the Exchange Unit. Client agrees to pay Burroughs, Inc. an additional fee, as determined by Burroughs, Inc., if Client fails to return the Failed Unit to Burroughs, Inc. within (14) days of Client’s receipt of the Exchange Unit. Client will return the Failed Unit in the packing material in which the Exchange Unit was shipped. The Failed Unit will become property of Burroughs, Inc. upon receipt by Burroughs, Inc.
Software Support Services
Provide: (1) electronic or voice communication assistance (with respect to Burroughs, Inc. branded Software only) to Client, during the hours of 8AM-5PM EST in connection with the use and operation of Software, identifying errors or malfunctions and advising on known detours, and, when necessary, instructions on how to report software problems via a User Communication Form (UCF), and determining the need for remedial service; (2) “service pack” updates to supported Software, through the issuance of a CD-ROM to Client which provides error corrections and maintenance releases that Burroughs, Inc. develops or provides for currently supported Software. Client must install such service pack updates to continue to be eligible for the receipt of Software Support Services; (3) Client with access to an Internet website to obtain knowledge base information on known errors and corrections, and to download service pack updates and/or patches to supported Software.
Termination & Cancellation
The Provision of Support Services by Burroughs, Inc. will terminate at the expiration of the fixed Term for Support Services selected by Client at the time of order. However, Burroughs, Inc. may terminate Support Services or change the levels of support available for Products or Software upon ninety (90) days prior written notice. Burroughs, Inc. may cancel an order for default and repossess Products and/or Software (excluding only Products and/or Software for which the purchase price and/or license fee has been fully paid), if, upon written notice, Client fails to (a) make any payment identified as delinquent within ten (10) days or (b) cure any default relating to the breach of Software licensing terms within thirty (30) days of Burroughs, Inc. giving Client written notice of such breach.
Purchase of Products, Software licenses and Support Services by Burroughs, Inc. authorized distributors and resellers will be subject to the territorial and other marketing restrictions of the applicable distributor or reseller agreement. Neither Client nor Burroughs, Inc. will be liable for failure to fulfill its obligations when due to causes beyond its reasonable control, except that Client shall not be excused from making payments when due. Burroughs, Inc. may assign this Agreement, or assign the right to receive payments, without Client’s consent. Burroughs, Inc. may subcontract any services described in this Agreement to third parties selected by Burroughs, Inc. This Agreement and an order under this Agreement are the entire agreement between Client and Burroughs, Inc. for the products and services under that order and supersede all prior related proposals, agreements, and all other communications between Client and Burroughs, Inc. The Terms and Conditions of this Agreement will supersede all Terms and Conditions submitted by Client, including any preprinted terms on any Client purchase orders. This Agreement will be governed by the laws of the State of Michigan. No action related to this Agreement may be brought more than two (2) years after the cause of action first accrued. Each provision of this Agreement is severable, and it a provision is declared invalid, the rest will remain in effect.
Return Procedure and Policy
Your satisfaction is important to us. If you receive defective product from us, please contact us within 30 days.
USA - Supplies, Power, Printers
1-800-448-1424, (USA) Monday through Friday, 8:30 am - 6:00 pm EST
After obtaining a Return Authorization, the product to be returned must be received by our warehouse within 30 days. If we determine that the product is defective, we will either exchange the product or issue you a credit. Returned products must be in original packaging and in Burroughs, Inc. determination, in the same condition as delivered to you.
Hardware products, such as printers, UPSs and terminals are returnable only if defective on arrival. Customized items or imprinted items are produced to your specifications, cannot be resold and accordingly such items are not returnable unless they are defective or there is a misprint caused solely by our error.
Remote Capture Products
Call 1-800-Burroughs (1-800-287-7684) Monday through Friday, 8:00 am - 8:00 pm EST
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