1st Call Business Solutions Policies

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.

THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS.

Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any order, whether or not such terms or conditions are signed by 1st Call Business Solutions.  1st Call Business Solutions reserves the right to make changes to this site and these terms and conditions at any time.

Copyright and Trademark Notice
This site is owned and operated by 1st Call Business Solutions Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of 1st Call Business Solutions, Copyright © 2004-2007, ALL RIGHTS RESERVED. All software used on the site is the sole property of 1st Call Business Solutions or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without 1st Call Business Solutions prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

1st Call Business Solutions is a registered trademark, trademarks or service marks of TELEPHONY SOLUTIONS GROUP, INC.  All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of 1st Call Business Solutions All other trademarks or service marks are property of their respective owners. The use of any 1st Call Business Solutions trademark or service mark without 1st Call Business Solutions express written consent is strictly prohibited.

1st Call Business Solutions Privacy Policy
When you place an order with 1st Call Business Solutions, we ask for your name, your billing address, the address for shipment of the order, your credit card number and expiration date and your email address. We consider this information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.

Disclaimer and Limitation of Liability as to Products Sold
All of 1st Call Business Solutions' products are guaranteed against defects for 25 days from the date of the invoice. EXCEPT AS EXPRESSLY STATED HEREIN, 1st Call Business Solutions MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE 1st Call Business Solutions SITES. EXCEPT AS EXPRESSLY STATED HEREIN, 1st Call Business Solutions EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO 1st Call Business Solutions ARISING FROM ANY PRODUCT SOLD ON THE 1st Call Business Solutions SITES SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL 1st Call Business Solutions, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

Disclaimer and Limitation of Liability as to the 1st Call Business Solutions Web Sites
THE 1st Call Business Solutions WEB SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS". 1st Call Business Solutions MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE 1st Call Business Solutions SITES, THEIR OPERATION, CONTENTS, INFORMATION, OR MATERIALS. 1st Call Business Solutions EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT 1st Call Business Solutions INC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE 1st Call Business Solutions SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Errors &/or Omissions
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, 1st Call Business Solutions shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. 1st Call Business Solutions shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, 1st Call Business Solutions shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that 1st Call Business Solutions is not responsible for the operation of or content located on or through any such site.

Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. 1st Call Business Solutions reserves the right at any time after receipt of your order to accept or decline your order for any reason. 1st Call Business Solutions reserves the right, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

Payment Methods
Electronic Payments - We accept all major electronic payments/cards including, Visa, MasterCard, American Express, and PayPal (Paypal only to insured limits). There is no surcharge for using your credit card to make purchases less than $1000 with 1st Call Business Solutions.  All purchases that exceed $1000 will be charged a 2% processing fee. Please be sure to provide your exact billing address and telephone number-the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed upon shipment of your order.

Money Orders, Cashier's Checks, Company Checks, & Personal Checks: 1st Call Business Solutions accepts money orders, cashier's checks, personal checks, and company checks in U.S. Dollars only. Orders are processed upon receipt of a money order or cashier's check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. 1st Call Business Solutions cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $25 fee on all returned checks. Please see the full instructions below on how to pay using one of these methods.

Shipping
You will be charged $25.00 for any shipment that is refused. 1st Call Business Solutions does not ship on Saturday or Sunday. Due to shipper restrictions we cannot deliver to P.O. Boxes. All Shipments are subject to stock availability.
Ground Shipping - Estimated Shipping 2 to 7 Business Days

Shipping
Combining Product Purchases
When purchasing a product, you will pay the shipping based on the weight and/or dimension of the product(s). If products are shipped from different warehouses, additional shipping charges may be assessed. Choosing Next Day Air or Second-Day Air does not mean your order will be delivered in 1 or 2 days from the time you place your order online. You will receive your order 1-2 days after the product actually ships from the warehouse. 1st Call Business Solutions warehouses are NOT open on Saturday, Sunday, or Legal Holidays.

Sales Taxes
1st Call Business Solutions shall withhold the applicable sales tax for orders to be delivered to addresses within Texas. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Return Policy
Products may be returned to 1st Call Business Solutions for replacement or refund in the following manner: Returns to 1st Call Business Solutions must be made within 25 days of the invoice date. After 25 days, you must make all returns directly to the manufacturer or publisher of your product. Before returning any item, you must contact our Customer Service Department for a Return Merchandise Authorization (RMA). No returns, of any type, will be accepted without an RMA number. The RMA number must match the product authorized for return. RMA numbers are valid for 12 business days from the date of issuance and all returns must be received within 12 days of obtaining the RMA number. If you are returning a non-defective product, you will be charged a 25% restocking fee. You are responsible for shipping costs of all returns. Defective product may be returned for exchange with the same product only.  All refunds for non-defective items exclude shipping charges, handling charges, and restocking fees as applicable. Please allow 4-6 weeks for refunds to be processed and credited to your account. If you are seeking replacement of a defective product, you must contact your original sales representative. To receive a refund, your purchase must be returned with shipping pre-paid. All items must be in "as-new" condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the RMA number visible on the package. Any discrepancies may result in a delay or partial forfeiture of your refund.  ALL products MUST BE returned in the original manufacturer’s packaging. If part of a product becomes defective, the full product must be returned for credit or replacement. All product returns, unless otherwise specified, must be sent to the following address:

1st Call Business Solutions Returns
9950 West Park Ste. 400
Houston, TX 77063

All returns must be sent via UPS, Federal Express, or any other courier that issues a tracking number.

* If merchandise arrives to you damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for 1st Call Business Solutions to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify 1st Call Business Solutions immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify 1st Call Business Solutions of damaged goods within the first 15 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 832.251.8900 or your 1st Call Business Solutions account manager to arrange for carrier inspection and a pick up of damaged merchandise.

Manufacturer's Warranty
All returns and replacements occurring after 25 days from the invoice date must be made directly with the manufacturer via 1st Call Business Solutions. Manufacturers warranties vary by product, thus the time to repair or replace the item may vary. Extended warranties are available directly from select manufacturers. Manufacturer information is subject to change without notice.

Service and Support
All requests for support should be made directly to the 1st Call Business Solutions Customer Support Department at 1.832.251.8900, Monday through Friday during the hours of 8:30 AM to 5:00 PM CST.   

Year 2000 Disclaimer
1st Call Business Solutions MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE YEAR 2000 COMPATABILITY OF PRODUCTS SOLD ON 1st Call Business Solutions SITES. 1st Call Business Solutions EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE YEAR 2000 COMPATABILITY OF PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO 1st Call Business Solutions ARISING FROM ANY PRODUCT SOLD ON THIS SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL 1st Call Business Solutions, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO THE YEAR 2000 COMPATABILITY OF PRODUCTS SOLD.

Jurisdiction and Venue
You agree that any legal action brought against 1st Call Business Solutions shall be governed by the laws of the State of Texas without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from orders made from 1st Call Business Solutions shall be an appropriate federal or state court located in Harris County, Texas.

Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), 1st Call Business Solutions advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Harris, Texas. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.