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This page provides information about various CBM Policies and its Terms and Conditions of Sale. Click below to jump to a specific section.
CONTROLLING PROVISIONS: No terms and conditions other than the terms and conditions contained herein and in any proposal or quote from and by CBM for a particular transaction (“Quote”) shall be binding upon CBM unless accepted by it in a writing signed by an authorized representative of CBM. All terms and conditions contained in any prior oral or written communication, including, without limitation, Buyer’s purchase order, which are different from or in addition to the terms and conditions herein and in a Quote are hereby rejected and shall not be binding on CBM, whether or not they would materially alter this document and/or the Quote, and CBM hereby objects thereto. All prior proposals, negotiations and representations, if any, are merged herein. Buyer will be deemed to have assented to all terms and conditions contained herein and in a Quote, if any part of the products and/or services described herein are shipped or performed or an invoice is presented in connection with the said products and/or services. In the event of an inconsistency or conflict between these Terms and Conditions and a Quote, the latter shall prevail.
TERMS: Buyer agrees to pay for the products and/or services according to CBM ’s payment terms which are net 10 unless otherwise agreed to in a writing signed by CBM. In the event Buyer fails to make any payment to CBM when due, Buyer’s entire account(s) with CBM becomes immediately due and payable without notice or demand. All past due amounts are subject to service charges at the rate of 1% per month. Buyer agrees to reimburse CBM for attorney’s fees of 15% of the amount due and payable plus court costs if CBM commences collection proceedings against Buyer.
GOVERNING LAW AND JURISDICTION: This transaction shall be governed in all respects by the laws of the State of Maryland (excluding choice of law provisions) and Buyer consents to the jurisdiction of the courts located in the State of Maryland.
DELIVERY: All products are shipped FOB, CBM’s facility. Risk of loss to the products passes to Buyer upon delivery. CBM will make a good faith effort to complete delivery of the products as indicated by CBM in writing, but CBM assumes no responsibility or liability and will accept no back charge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to CBM , including, but not limited to, liability for CBM ’s non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of CBM . Under no circumstances shall CBM be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
COMPREHENSIVE PROTECTION PLAN (“CPP”): Unless otherwise agreed to in writing signed by an authorized representative of CBM, all Certified Pre-Owned products sold by CBM as CPP products are covered by the CPP. The terms and conditions of the CPP are stated below and are incorporated herein.
LIMITED WARRANTY: Please click here to visit our Warranty page
RETURNS, DELIVERY STANDARDS, AND PRIVACY POLICIES: These are stated below and are incorporated herein.
INDEMNIFICATION: CBM shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation, misuse or misapplication of the products. Buyer shall defend, indemnify and hold harmless CBM and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer’s employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the products by Buyer or of the information, designs, services or other work supplied to Buyer. Nothing in this section requires Buyer to indemnify CBM for CBM’s negligence or intentional misconduct. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
TAXES: The amount of any sales, excise or other taxes, if any, applicable to the products shall be the sole responsibility of Buyer and shall be added to the purchase price and shall be paid by Buyer unless Buyer provides CBM with an exemption certificate acceptable to the taxing authorities. Any taxes which CBM may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to CBM upon demand.
SEVERABILITY: These terms and conditions of sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance herefrom.
SET-OFF: Buyer shall not be entitled to set-off any amounts due Buyer against any amount due CBM in connection with this or any other transaction with CBM.
NON-WAIVER: CBM ’s failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of CBM ’s rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by an authorized representative of CBM.
ENTIRE AGREEMENT: This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by an authorized representative of CBM. All transactions shall be governed solely by the terms and conditions contained herein and any Quote.
CBM accepts warranty returns of all items within the standard factory warranty period applicable. See CBM Limited Warranty for details
CBM accepts non-warranty returns of all items under the following circumstances:
Please return items in as-new condition, disassembled, in original packaging and properly packaged (some of our larger units may require a new box for return shipping; if this is the case, we will inform you during the RMA process and ship an empty box to you). All packing slips, UPC tags, manuals and any accessories must be returned as well. Stickers, labels, and serial numbers must be clean, as-new, intact and in their original positions. The unit must contain the original CBM-installed batteries. The unit must also contain the original CBM-installed/provided bezel as appropriate. Failure to comply will result in the product being returned to you and no credit issued.
Collection of product
In most cases, CBM will coordinate the return shipping following the issuance of the RMA. Return shipping will typically be by FedEx Ground or LTL/Common Carrier freight. In a case where we authorize the customer to handle return shipping on their own account, items must be returned via approved shipping method. Most of our products are bulky and heavy and can be damaged if not shipped properly. If a customer arranges its own shipping/freight, it is responsible for any damage claims that may result during shipping. In all cases, please follow the CBM representative’s direction as far as affixing labels and identifying the product(s).
Once the return is received, please allow 7-10 business days for the credit to appear on your account. The credit will be net of any collection, restocking, or freight fees that are applicable. The credit will be made toward whatever form of payment you used when making your original purchase (ie, credit card, check, PayPal, etc.).
We must receive the return within 30 days after you receive your RMA number. The RMA number will expire on the 31st day after it was issued, at which time any returned product/s will be refused.
Please note that we can refund shipping costs only if the return is a result of our error.
For technical support or customer service, please call 410-521-1000 during regular business hours (9am-5pm EST, Monday through Friday except holidays)
Products will be delivered to and services will be performed at agreed-upon locations for the agreed upon payment. CBM is responsible for the insurance and care of products and Services up to the point of delivery. Once delivery has occurred then the insurance and care of products and services are customer’s responsibility and Customer should insure the same in accordance with prudent business practices.
A customer’s desire for shipping of full versus partial orders should be discussed with a CBM representative at the time the order is placed. We will contact you if a web order results in a potential partial shipment.
Orders typically leave our factory between 2 and 4 business days after the order hits the factory floor or 2-4 business days after a customer unit arrives at our factory (in the case of a reconditioning service). Typically, orders placed after noon do not hit the factory floor until the following morning (or Monday morning for an order on Friday or over the weekend). We make every effort to get orders out as fast as possible – sometimes even faster than the 2-4 day average. But customers should consider this full estimated window when placing an order. Sometimes circumstances beyond our control (especially “acts of God”, such as weather events) may delay shipping beyond our standard window. When this happens, we make every effort to alert customers and to get back on schedule as soon as possible.
“Rush” production is often available for an additional fee. Please discuss with a representative. (Please note that in the absence of a rush fee or pre-arranged service contract, CBM policy is to recondition each unit in the order it was received.)
CBM typically ships via small parcel ground service (FedEx or UPS) or Freight (LTL, common carrier). The decision is made based on many factors, including the size/weight of the unit (typically over 150 lbs. must go freight), the specific product (some may require special handling), and the destination. The time in transit is a function of the carriers’ published schedules and typically ranges between 1-7 business days in the continental USA. Special arrangements must sometimes be made to ship to Alaska, Hawaii, and international destinations.
Express shipping may be available for an additional charge depending on the size / type of the product and the final destination. Please discuss with a representative.
Estimated times for delivery are targets only and Seller shall not be responsible for late delivery.
There will be no shipments made during any of the holidays that CBM observes. In the event that the Products have not been delivered in a reasonable time, then Customer should call 410-521-1000 giving their Order number and such other details as may be available to assist CBM to track the status of the delivery and to give a new anticipated delivery date. Where the new anticipated delivery date is more than one month from the initial delivery date then Customer shall have the right to cancel the Order for a full refund. Customer shall have no other rights against Seller for delay to delivery.
Customer shall sign for delivery of the Products upon delivery to the agreed location. In the event that Seller or its agents should seek to deliver Products and Services to the agreed location and delivery cannot be made due to the absence of Customer or its agents or a signatory then Seller reserves the right to charge repeat delivery charges to Customer. Such charges may vary and shall be payable by Customer on receipt of Seller’s invoice for the same.
Price & Payment
The Price of the Products and Services is stated in the Web Site or in the Quote / Order provided by CBM. Shipping charges are identified separately to the Price of the Products and Services, unless otherwise noted. Prices are quoted is Us Dollars and are subject to change without notice. Prices exclude shipping, handling and taxes unless otherwise noted. Customer is responsible for shipping charges and other sales taxes as specified. CBM will only charge sales/use tax on orders shipped to the states where it has declared nexus. For orders shipped to any other state, sales/use tax is the responsibility of the customer. In the event a taxing authority assesses CBM for these taxes and/or any interest or penalties due to Customer not paying these taxes, Customer agrees to pay them or reimburse CBM if CBM pays them. Shipping, handling, and other taxes/fees may apply separately for international shipping (e.g., Canada). We accept VISA, MasterCard, American Express and Discover-Novus credit cards as well as PayPal for payment for website purchases. We also accept checks and EFTs for payment of orders placed with our representatives directly. Payment in US dollars ($US) is the only acceptable form of payment. Payment by credit card shall be made at the time of purchase. If credit is extended, CBM will expect payment consistent with the agreed upon terms.
Acceptance of Products and Services is deemed on delivery to the location agreed for delivery as set out in the Contract / Order. Title to Equipment passes on acceptance after complete payment has been received by Seller.
In the event of any defects in Product or Services discovered after delivery then Customer may make a warranty claim for the relevant Product in accordance with the standard warranty as described in the accompanying documentation. Customer has the duty to notify visible damages to the goods delivered to the carrier.
Unless otherwise noted, CBM units do NOT come with any additional accessories (such as cables or network cards). Accessories are often available separately- please inquire if you are interested.
The privacy of CBM’s customers and affiliates is important to us. Therefore:
- CBM does not sell or rent personally identifiable information
- CBM does not spam, and our policies forbid use of our Services for spam
Handling of personal information
CBM requests information from clients if they choose to subscribe to email lists, place orders, respond to surveys, or if they choose to respond to advertising, promotions, sweepstakes or contests. This personal information is necessary in order for CBM to fulfill the client’s request.
This information may also be used by CBM to contact or update the client with periodic CBM publications, product details or other special offers. We reserve the right to share customer information with our affiliated companies, successors in interest. We may also provide information to third parties to provide services related to our business, such as billing, data storage or marketing. These parties may ONLY use the information to perform these services and may not use it for any other purpose. Otherwise, CBM does not share email addresses with other companies.
From time to time, CBM may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If information practices change at some time in the future CBM will post the policy changes to the CBM Website to notify the client of these changes and provide instructions to opt-out of these new uses. Clients concerned with how information is used should check back at the CBM Website periodically.
The CBM website may use IP addresses to diagnose Webserver problems and to administer our website. Cookies may be used to store client variables such as keeping track of the inventory of an online shopping cart, limiting repeated exposure to the same ads or surveys, or bypassing login prompts by “remembering” passwords across sessions.
CBM has no desire to collect information from minors/children under the age of 18. In an instance where such information were collected it would be purely accidental and unintentional. CBM encourages parents to discuss the Internet with their children and monitor personal information that a child may provide via the Internet.
The CBM Comprehensive Protection Plan (CPP) is a proactive and reactive service plan that ensures complete coverage for the single-phase UPS fleet.
After a contract has been signed, clients will have one or two years of complete coverage for each unit included in that contract and/or for each service “credit” purchased. At any time, and for any reason throughout the year, clients can notify CBM that a unit needs to be serviced. The CPP includes a three-prong approach:
Instead of waiting for units to fail, you can proactively service their fleet at once, or on a rotation. Clients can choose the right service level for their fleet:
Repair and Return
If a particular unit fails while under contract, it can be sent immediately to CBM. The failed unit will be deemed top-priority and moved to the front of the rotation to be serviced. CBM can also respond to a reactive request using Advance-Exchange.
3. Limited Warranty
After being serviced, each unit will hold a new 1 or 2 year limited warranty (depending on the contract). If the unit fails while under the new warranty, CBM will service it at no charge, even if the until is no longer protected by the CPP. Please visit the CBM Limited Warranty for more information.
If you feel that this site is not following its stated information policy, CBM may be contacted at firstname.lastname@example.org.
The collection of personal information and similar transactions performed by the CBM E-Commerce Website(s) are secured via SSL encryption. This information is used to process orders. Concerns regarding E-Commerce may be directed to email@example.com.