BY PLACING AN ORDER FOR FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
These terms and conditions of sale (these “Terms”) apply to the purchase and sale of Products (“Products”) through Brentwood Industries’ Accuvent Website (the “Site”). These Terms are subject to change by Brentwood Industries, Inc. (“Brentwood”, “us”, “we”, “our”) without prior written notice. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any Product that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site.
Order Acceptance and Cancellation:
You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Brentwood and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling or e-mailing our Customer Service Department. Once your order has been confirmed, it may not be cancelled.
Pricing and Payment Terms:
All Product prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in an order confirmation email sent to you.. Prices do not include taxes or charges for shipping and handling and will be itemized in your shopping cart and order confirmation email. Brentwood is not responsible for pricing, typographical, or other errors in any offer by Brentwood and reserve the right to cancel any orders arising from such errors.
Terms of payment are at set in Brentwood’s sole discretion and, unless otherwise agreed by Brentwood in writing, payment must be received in full by Brentwood before order acceptance. Brentwood accepts all major credit cards. You represent and warrant that (i) the credit card information supplied to Brentwood is true, correct, and complete, (ii) your are duly authorized to use such credit card for the purchase (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred at the posted prices, including all applicable taxes, if any.
Shipment and Title:
Brentwood will arrange shipment of the Products to you, based on the selected delivery option. Title and risk of loss transfer at Brentwood’s facility at time of carrier pickup. Brentwood may, without liability or penalty, make partial shipments of Products to you. You agree to bear all costs associated with shipping and handling, based upon delivery selection as detailed during the online ordering process and as noted in your order confirmation. Shipping and delivery dates are estimates only and cannot be guaranteed. Brentwood is not liable for any delays in shipments.
Inspection:
Upon delivery of Product, you must inspect the Product for freight damage and you agree to notify Brentwood in writing within five (5) days after delivery to report any visual damages or missing Product. Brentwood may waive claims not made in accordance with the terms in this section.
Returns:
Product may only be returned for refund if returned in complete, unopened boxes. You are responsible for all shipping and handling for returned Product, and you bear the risk of loss during shipment. Such returns carry a thirty (30%) percent restocking fee and must be arranged with and received by Brentwood within thirty (30) days from shipment. If you are interested in returning Product, you must call or email our Customer Service department to obtain a Return Merchandise Authorization (“RMA“) number before shipping returning your Product. Returns received without an RMA will be rejected. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
No Warranty/Limitation of Liability:
PRODUCT REPLACEMENT AND REFUNDS NOTED IN INSPECTION AND RETURNS SECTIONS OF THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDY. BRENTWOOD DOES NOT OFFER PRODUCT REPLACEMENT OR PRODUCT REFUNDS, AND DOES NOT OFFER A PRODUCT WARRANTY. TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, BRENTWOOD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY LAW, WITH RESPECT TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES WHICH MAY ARISE FROM PRIOR COURSE OF DEALING, CUSTOM, TRADE USAGE, PROVISION OF SAMPLES, PRODUCT LITERATURE OR WEBSITE CONTENT. TO THE EXTENT IMPLIED WARRANTIES CANNOT BE LAWFULLY DISCLAIMED, THEY ARE LIMITED TO ONE (1) YEAR FROM PRODUCT SHIPMENT.
REGARDLESS OF THE FORM OF ACTION, BRENTWOOD’S LIABILITY RELATING TO THE PRODUCT OR THE MANUFACTURE, SHIPPING, SALE, OR USE OF THE PRODUCT SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT. BRENTWOOD AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE IN CONNECTION WITH THE SUPPLY OR SUBSEQUENT USE OR POSSIBILITY OF SUCH DAMAGES.
Privacy:
Brentwood’s Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Products = through the Site.
Force Majeure:
Neither Party shall not be liable or responsible to the other Party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any of your obligations to make payments to us hereunder) to the extent the impacted party’s (“Impacted Party”)failure or delay is caused by or results from a force majeure event, including, acts of God; flood, fire, earthquake, pandemics, disease outbreaks, explosions or other natural disasters; war, invasion, hostilities, terrorist acts, civil unrest; government orders or actions; embargoes or blockades in effect on or after the date of these Terms, national emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; shortage of adequate raw materials, labor, power, or transportation facilities; and other similar events beyond the reasonable control of the Impacted Party.
The Impacted Party shall give notice within fourteen (14) days of the force majeure event or as soon as reasonably practicable to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event the Impacted Party Br remains unable to perform its obligations within ten (10) weeks from notice of force majeure event Purchaser may terminate the order.
Governing Law and Jurisdiction:
These Terms shall be construed under the laws of the Commonwealth of Pennsylvania without reference to conflicts of law principles. The Parties hereby agree that disputes hereunder shall be subject to the exclusive jurisdiction and venue of the courts of Berks County, Pennsylvania, in either the Pennsylvania Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania. You agree to waive any objections based on personal or subject matter jurisdiction or venue.
Export Control:
You agree not to use, distribute, transfer, or transmit any Product, components, or technical information (even if incorporated into other products) provided in connection with this transaction except in compliance with U.S. export laws and regulations (the “Export Laws”). You will not, directly, or indirectly export or re-export the following items to any country which is in the then-current list of prohibited countries specified in any applicable Export Laws: (a) the Product, components or technical data disclosed or provided to you by Brentwood; or (b) any improvements or variations of such Product, components or technical data. You agree to promptly inform Brentwood in writing of any written authorization issued by the U.S. Department of Commerce office of export licensing to export or re-export any such items referenced in (a) or (b). The obligations stated above in this clause will survive the expiration, cancellation, or termination of the order.
Translation:
This document may be translated into one or more languages; however, the English translation shall be the official version and shall prevail over other translations. All dollar amounts are United States currency unless specified otherwise. You shall abide by the United States Foreign Corrupt Practices Act of 1997, as amended.
Severability:
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms invalidate or render unenforceable such term or provision in any other jurisdiction.
Notices:
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Brentwood Industries, Inc., 500 Spring Ridge Drive, Reading, Pennsylvania, USA 19610. We may update the address for notices by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Survival:
Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms.
Assignment:
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers:
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Brentwood.
No Third-Party Beneficiaries:
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Entire Agreement:
Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
