Terms & Conditions

1 Definitions

In these Terms and Conditions of Business the following meanings shall apply:-

The Company shall mean BA International, Units 8-10 Kingsthorpe Business Centre, Kingsthorpe, Northampton, NN2 6NE.

The Customer shall mean any person or persons, firm or company who buys or agrees to buy goods from the Company.

2 Conditions Applicable

2.1 These Terms and Conditions shall apply to and govern all contracts for the sale of goods entered into by the Company where goods are dispatched by the Company to the Customer by mail order or delivery, and Customer acknowledges and accepts all such terms and conditions by placing an order for goods. All conditions of the Customer or other terms and conditions or warranties whatsoever whether communicated before or after these Terms and Conditions are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and the Customer's own conditions shall not be regarded as a counter offer.

2.2 The Company reserves the right to contact external credit reference agencies.

2.3 The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.

2.4 Capital Equipment purchases/products are covered by separate terms and conditions. For all details contact your equipment sales representative.

2.5 We are required to limit the sale of licensed products only to qualified healthcare professionals. We may request proof of a current, valid license at any time and we reserve the right not to ship licensed product for any reason.

3 Delivery

3.1 Delivery dates and times specified by the Company are approximate only. Unless expressly agreed by the Company in writing, time for delivery is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery.

3.2 If goods are sold and delivered to the Customer in installments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the installments or any claim by the Customer in respect of any one or more installments shall not entitle the Customer to treat the contract as a whole as repudiated.

4 Cancelling Orders/Returned Goods

4.1 Customers are reminded that it is illegal to send contaminated goods through the post. Equipment containing mercury must be emptied and disposed of in a suitable authorised container before return. To reduce the risk of cross contamination, all instruments/equipment should be sterilised as per manufacturers instructions. The details of the method used for sterilisation of items must accompany the returned item. The Company reserves the right not to handle items which do not meet these specific requirements. Any agreement or authorisation to accept goods back does not absolve the Customer from these responsibilities.

4.2 Customer Satisfaction Guarantee

The quality of your delivery is important to us; please therefore check the parcel immediately upon receipt. If for any reason you are not completely satisfied with your purchase, please contact the customer services department or e-mail on sales@bainternational.com within 7 working days of receipt and they will be happy to authorise your return. When preparing your return please ensure that the product is in a condition suitable for re-sale and inclusive of all original packaging, operating instructions, guarantee card and accessories. Goods must be accompanied by a proof of purchase and a Return Authorisation Number. The Return Authorisation Number will ensure that your return is handled quickly and accurately. Please note items shipped directly back to our warehouse without pre-authorisation may be refused and no credit issued. Please ensure that goods are adequately packaged and labelled to prevent damage in transit.

4.3 Returned Pharmaceuticals

Due to MHRA regulations, we may not be able to accept the return of pharmaceuticals for resale. Therefore, we will only accept pharmaceutical returns for one of the following reasons:

To correct an error in delivery or ordering by BA International; in response to a product or batch recall, instigated by a manufacturer; or where products or packages are damaged in transit.

Products should be returned with all original packaging and patient information leaflets.

4.4 Goods Wrongly Ordered or Not Required

The following will be required/applied. We realise that from time to time you may order in error and as your supply partner we will assist you to correct the situation. We ask that you report any errors to our customer service department within 7 days of receiving your order. After receiving a Return Authorisation Number we ask that the product be promptly returned in saleable condition. Credit will be applied as noted below:

  • A Re-Stocking Charge of 15% will be applied and any cost of the return of the goods to the Company will be charged to the Customer.

  • No Refund of any handling or delivery charges applied to the goods will be given.

  • We will be unable to accept the return of custom imprinted items or non-catalogue items ordered specifically for the Customer, [expired product, product that cannot be returned to the manufacturer, or hazardous items (please call customer service for assistance in identifying such items)].

4.5 Damaged Goods/Short Delivery on Supply from BA International

  • Upon notification we will immediately despatch a replacement product and authorise the return of the damaged goods. Upon receipt of the goods by the Company, full credit in the value of the goods and any handling or delivery charges will be issued.

4.6 Product Recalls and Products Returned Under Complaint

  • If a Manufacturer or Distributor instigates a product recall, the Company will administer the Recall Procedures as determined by the Manufacturer or Distributor.

  • Products returned under complaint will be sent to the Manufacturer/Distributor for evaluation and report and the details notified to the Customer.

This Returns Policy Does Not Affect Your Statutory Rights.

5 Repair and Service

Sales of small equipment will be covered by the Manufacturer's warranty. Outside of the warranty, BA International will be happy to provide a quote.

6 The Price and Payment

6.1 The price to be paid by the Customer shall be the sum(s) shown by the Company's invoice(s). This price shall be based on the sum quoted to the Customer in the Company's price list, but the Company reserves the right to amend those prices at any time in its absolute discretion and to correct clerical errors or omissions.

6.2 The prices quoted in the Company's price list are in Pounds Sterling. Due to fluctuations in currency exchange rates the Company reserves the right to alter prices charged to customers outside the UK. Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax, which shall be due at the rate in force on the date of the Company's invoice to the Customer.

6.3 In addition to the price for the goods the Company shall invoice at cost for all packing, carriage charges, tax and duties on any order which is to be delivered outside the UK, excepting the Republic of Ireland where the Company will invoice for all packing and carriage charges on any order less than £200.00 exclusive of any tax or duties in force at the date of despatch.

6.4 Free standard delivery to one mainland UK address with all orders over £40+VAT. All orders under £40+VAT will incur a £3.50 small order delivery charge.

6.5 Orders placed with and sent directly from manufacturers will incur a carriage charge invoiced by the Company.

6.6 Payment of the price and VAT shall be due by the 20th day of the month following the date of the Company's invoice. Time for payment shall be of the essence and payment must be made without set-off or credit. Where the Customer wishes to make payment by credit card, full payment must be made at the time of the order.

6.7 Where goods are delivered in installments, the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.

6.8 If the Customer is in default in paying any sum as and when it becomes due, the Company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any goods remain to be delivered thereunder. Additionally, payment for all goods supplied to the Customer shall become immediately due and owing, whether previously invoiced or not.

6.9 In the event that the Customer fails to pay any monies by the due date, the Company shall be entitled to charge interest on the outstanding monies both before and after Judgment from the due date to the date of actual payment at the rate of 2% per month or part month. The Customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the Company in respect of dishonoured cheques will be payable by the Customer.

7 Discounts

7.1 All discounts are applied before VAT

7.2 Licensed products are excluded from all discounts and rebates

7.3 All capital equipment, service billing, small equipment, handpiece, and oral hygiene purchases are excluded from all discounts and rebates, unless specifically stated otherwise by BA International in writing.

7.4 Only recipients of promotional offers are eligible for discounts. Government funded institutions are not eligible for certain promotions.

8 Title and Risk

8.1 The transfer of risk of damage to the goods shall take place at the moment when the Customer takes delivery.

8.2 Title in the goods or any part thereof shall only pass to the Customer when payment in full for all goods whatsoever supplied and all services rendered at any time by the Company has been made.

8.3 The Customer shall permit so far as it is able and shall use its best endeavours to assist any officer, employee, representative or agent of the Company to enter onto any premises where the goods may from time to time be situate and to repossess the goods at any time prior to title passing to the Customer and until such time as title passes the Customer shall hold the goods as the Company's fiduciary agent and bailee.

9 Warranty

9.1 Subject as expressly provided in these Conditions and except where goods are sold or services provided to a person dealing as consumer within the meaning of the Unfair Contract Terms Act 1977 all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permissible by law.

9.2 Where goods are supplied to the Company with the benefit of a warranty from their manufacturer, that warranty will continue to apply to the goods following sale to the Customer, whether goods are sold individually or as a package. If alleged defects in goods prove to have been caused by incorrect operation, cleaning or handling or other improper use, the Company reserves the right to charge for service calls to those goods. In all other respects the Company will warrant replacement parts for the length of the manufacturer's warranty thereon, and labour for a period of 3 months.

9.3 The Customer shall be responsible for ensuring that all statutory governmental regulations, local authority regulations, operating instructions and safety precautions are complied with in relation to goods supplied by the Company. Products are authorised for sale in the United Kingdom; Customers in other locations may be subject to local restrictions.

9.4 Equipment and computer products that require installation and warranty/support services thereafter are subject to additional terms and conditions.

10 Restriction of Liability

10.1 The Company shall not in any event be liable for indirect or consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply or goods or materials, including without limitation loss of profits, of use, overhead costs, collateral damage or of contracts arising out of the supply or failure of supply of goods or services by the Company (other than liability for death or personal injury resulting from the negligence of the Company) and whether arising from breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.

10.2 In all other cases (being cases of direct and natural losses or damage) it is specifically provided and agreed that the compensation and damages payable under any claim or claims arising out of the contract between the parties under whatsoever pretext shall not under any circumstances amount in aggregate to more than the contract price or the goods and/or services forming the subject of the claim or claims.

10.3 No liability for such direct losses shall attach to the Company unless details of such losses are notified to the Company in writing within 7 days of the date of delivery of the goods, or the date of the event giving rise to such loss if it is not apparent upon the date of delivery. In cases of alleged shortages or breakages, claims must be notified to the Company within 7 days of despatch of the goods by the Company. Alleged non-delivery of goods must be notified in writing to the Company within 7 days of receipt of either the invoice for the goods or a statement of account, whichever is the sooner.

10.4 For the avoidance of doubt, nothing in this agreement shall confer on any third party any benefit or the right to enforce any term of this agreement.

11 Applicable Law

These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of England.

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FLYER/PROMOTION TERMS AND CONDITIONS OF SALE

Please note, sales calls may be recorded for training purposes. Offers are valid for the dates shown on the special offer flyer. All prices exclude VAT and are subject to availability and cost increases. These offers cannot be used in conjunction with any other offer or discount. Medicinal products/offers contained within this flyer are not available to veterinarians, or to be administered to animals. Institutional accounts are not eligible for gifts and point rewards programmes. BA International reserve the right to correct clerical omissions and errors in this flyer. * All finance options shown are subject to status, availability and full credit approval. Monthly payments are subject to VAT at current rate. An arrangement fee may be charged with the first monthly payment. Full details available upon request from Henry Schein Financial Services. Examples shown are not a formal offer of finance. Offers featured which relate to free stock are only available while stocks last.

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Legal Terms and Conditions

SCOPE
These Legal Terms and Conditions apply to the entire BA International Web site and all portions of the site contained therein (excluding links to other Web sites as provided below), including, but not limited to, the Henry Schein Corporate, BA International, Henry Schein Medical, Henry Schein Veterinary, Henry Schein Technology, and Henry Schein Worldwide portions of the company Web site. These Legal Terms and Conditions shall apply to any future portions of the BA International Web site (excluding links to other Web sites as provided below) unless otherwise stated.

USE OF THIS WEB SITE
Use of this Web site and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this Web site constitutes your full acceptance of these Legal Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you will not use the Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web site in any manner that could damage, disable, overburden, or impair any BA International server, or the network(s) connected to any BA International server, or interfere with any other party's use and enjoyment of the Web site. You may not attempt to gain unauthorised access to any computer systems or networks connected to any BA International server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site. BA International makes no representation that the Web site is appropriate or available for use in locations outside the United States, and accessing the Web site from territories where such content is illegal is prohibited. Those who choose to access this Web site from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.

SECURITY
You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify BA International of any unauthorised use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.

LINKS TO OTHER WEB SITES
This Web site may contain links to other Web sites not owned or managed by BA International or its affiliates. BA International provides such links solely for the convenience of our visitors. BA International is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by BA International. The inclusion of links to such sites does not imply approval or endorsement of the site by BA International or any association with its operators. We urge you to read the terms of use policies on linked Web sites before utilizing their products or services as BA International is not responsible for these areas.

PROPRIETARY RIGHTS
Copyrights. BA International is the owner or licensee of all copyrights in and to the content on this Web site, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this Web site; and (ii) the design, selection and arrangement of this Web site. All rights reserved.

Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Web site and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the Web site solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with BA International or its licensors. BA International and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Web site for any purpose not expressly authorised herein without the prior written permission of BA International or its licensors is forbidden.

Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of BA International, VeriSign, Inc., or other third parties that have granted BA International the right and license to use such Marks. Nothing contained on this Web site should be construed as granting any license or right to use any such Marks without the written permission of BA International or such third party that may own the Marks displayed.

Your Information. We reserve the right, and you authorise us, to use and freely assign all information regarding the use of this Web site by you and all information provided by you in any manner consistent with our Privacy Statement. E-mail : Click here to read our Privacy Statement, which is incorporated into these Legal Terms and Conditions by reference.

TYPOGRAPHICAL OR OTHER ERRORS
While BA International takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. BA International does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While BA International makes reasonable efforts to prevent unauthorised tampering with the Web site, BA International does not guarantee that its efforts will always be successful. Therefore, as set below, BA International does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.

DISCLAIMER OF WARRANTIES
BA INTERNATIONAL MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. BA INTERNATIONAL PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER, BA INTERNATIONAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. BA INTERNATIONAL SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

BA International makes no representation that the Web site or its contents are appropriate for use in every country of the world. Your use of this Web site is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the Web site may not be legal by certain persons or in certain jurisdictions.

Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.

LIMITATION OF LIABILITY
Use of the BA International Web site or any software application installed by you in connection with the use of this Web site, is at your sole risk. While BA International makes reasonable efforts to ensure the safety and functionality of our Web site and any software applications associated with its Web site, these efforts may fail and errors may occur. IN NO EVENT SHALL BA INTERNATIONALOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. BA INTERNATIONAL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF BA INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BA INTERNATIONAL'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO BA INTERNATIONAL FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

FORWARD LOOKING STATEMENTS
THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY BA INTERNATIONAL OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND AVAILABLE THROUGH BA INTERNATIONAL'S WEBSITES MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS "MAY," "COULD," "EXPECT," "ANTICIPATE," "INTEND," "BELIEVE," "PLAN," "ESTIMATE," "FORECAST," "PROJECT," "ANTICIPATE," OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF. THE COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN. THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON THEN-CURRENT EXPECTATIONS OF MANAGEMENT. ALL FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE. FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS AND UNCERTAINTIES THAT MAY CAUSE OUR ACTUAL RESULTS, PERFORMANCE AND ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER "RISK FACTORS" DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE SECURITIES AND EXCHANGE COMMISSION. THE COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.

INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless BA International and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site.

TERMINATION
BA International shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which BA International determines in its sole discretion to be unacceptable.

CHOICE OF LAW AND FORUM
These Legal Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New York, without regard to such state's rules regarding conflicts of laws. By accessing this Web site, you agree that courts located in the Eastern and Southern Districts of New York or in the counties within those federal judicial districts shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Legal Terms and Conditions and/or your use of this site, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.

RECORDS
A printed version of these Legal Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Legal Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, BA International's records shall be conclusive in all respects.

INTEGRATION AND SEVERABILITY
These Legal Terms and Conditions constitute the entire agreement between you and BA International with respect to this Web site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BA International with respect to this site. If any part of these Legal Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last Updated: October 30, 2013