Terms of Sale
This agreement contains the terms and conditions that apply to your purchase of products (“Product” or “Products” as the case may be) from Balthazar & Brisco LLC. (“Company”). Please read these terms and conditions of sale carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement was last revised on December 9, 2016.
By clicking “Place Order,” you acknowledge that you are 18 years of age or older, have read, accepted and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. These terms and conditions apply unless (i) you have signed a separate purchase agreement with Company, in which case the separate agreement shall govern; or (ii) other Company standard terms apply to the transactions. These terms and conditions are subject to modification without prior written notice at any time, in Company’s sole discretion. This agreement applies only to Products that are sold or provided in the United States to consumers and are not intended for resale. Those who desire to be resellers or distributors should contact Company. By using the Company website, you are also subject to Company’s Terms of Access and Use.
Price and Payment Terms
Your total price for the Products will be stated on your purchase receipt provided with your receipt and you shall also receive a confirmation of your order by way of e-mail to the address you indicate during the registration process. Terms of payment are within Company’s sole discretion, and unless otherwise agreed to by Company, payment must be received by Company prior to Company’s acceptance of an order. Payment for the Products must be made by credit card (Visa, MasterCard or American Express) debit card (issued by Visa or MasterCard), or some other method approved by the Company. Orders are not binding upon Company until accepted by Company. Any price quotations given by Company will be valid for the period stated on the quotation, with the exception that Company reserves the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.
The Company collects sales tax for sales of the Products that are to shipped to locations within the State of Ohio. The Company does not collect sales or use taxes in all states. You acknowledge and understand that for states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all the taxable purchases that were not taxed and to pay tax on those purchases.
Shipping and Title
Company will arrange shipping of the Products to your address using a carrier of Company’s choice, in Company’s sole and absolute discretion. Title to the Products and risk of loss passes to you upon delivery to the carrier. We do not provide insurance on the Products during delivery. The costs of shipping and handling will be shown on your purchase receipt. Company may inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its control, including but not limited to, acts of God; war (declared or undeclared), riot or act of terrorism; fire, explosions or floods; strikes, work stoppages, slow-downs, or other labor difficulties; shortage of vehicles, fuel, power, material or labor; embargo or delay in transportation; accidents; compliance with any order or request by a government agency or official thereof; or any other event or contingency beyond its reasonable control.
Inspection of Products Upon Receipt
You must examine the Products when you receive them. If any item is damaged or missing, you must notify Company at once. Company will not be responsible for any claim for damaged, non-conforming, or missing items more than thirty (30) days from the date of delivery.
Company’s policy is one of an ongoing Product update and revision. Company may revise and discontinue Products at any time. Company will ship you Products that have the functionality and performance of the Products you ordered, but changes between what is shipped and what is described in a specification sheet or online catalog are possible.
Logon and Password
You have the option of registering for an account. If you do so, you will select a unique logon and password. Your logon and password will allow you to participate in the purchase of Products to the extent allowed by each respective permission. You are solely responsible for your logon and password and the attendant transaction(s) related to the use of your logon and password. You may request revocation of your logon and password by contacting customer service.
Use of Product
The Product should be used solely as directed. Read all instructions and warnings on the Product carefully. You acknowledge and agree to use the Product in accordance with the instructions and all Federal, State and local laws.
Limited Warranty and Disclaimers
Company warrants to the original purchaser of the Product that the Product will be free from defects in materials and/or workmanship from the date of invoice for a period of ninety (90) days, unless otherwise specified. During this warranty period, Company will, at its option, repair or replace defective Products. This warranty does not cover damage due to external causes, including, but not limited to, accident, abuse, misuse, or use not in accordance with Product instructions.
THE ABOVE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION, PHOTOGRAPHS, ADVERTISEMENTS OR ADVICE GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. COMPATIBILITY OF PRODUCTS IS NEVER GUARANTEED, AND THERE IS NO WARRANTY THAT SEPARATE COMPONENTS WILL FUNCTION AS A SYSTEM. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitation of Liability
COMPANY’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THE ABOVE WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST DATA OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES TO PRODUCTS. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
If you bought Products directly from Company, you may return them to Company up to thirty (30) days from the date of the delivery for a complete refund of the purchase price. No Products may be returned for any reason other than as provided under the applicable warranty, if any, relating to the Products after thirty (30) days from the date of delivery.
Company’s customer support department can be reached at 1-(844) 43-BandB. Customer support will assist you with questions about your purchase, shipment, warranty service, and any exchanges or returns.
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Product(s) and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Company. Company may revise this Agreement at any time without notice by updating this posting, and said revisions shall be effective immediately upon posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of which you are bound. For convenience purposes only, Company may e-mail you the most current version of this Agreement or any revisions at the e-mail address provided during the registration process (or any updated e-mail address given by you) in the event that there are any revisions to this Agreement.
Customer shall not assign any order or any interest therein without the prior written consent of Company. Any actual or attempted assignment without Company’s prior written consent shall entitle Company to cancel such order upon notice to customer.
Waiver, Choice of Law, Venue; Statute of Limitations
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Ohio, excluding conflict of law rules, and venue shall be in the State and Federal courts located in Summit County, Ohio. For any dispute arising under this Agreement, you hereby waive your right to a trial by jury; you hereby waive your right to sue only except on an individual basis; and you waive your right to bring any putative or certified class action.
Notwithstanding any contrary statute of limitations, any cause of action for any alleged breach of this agreement by Company shall be barred unless commenced by you within one year from the date of shipment.
International Orders; Not For Resale
Company has separate terms and conditions governing (1) the provision of Products to customers outside the United States or (2) to persons desiring to purchase Products for Resale.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Company, Balthazar & Brisco LLC, 86 Merz Blvd., Akron, OH 44333 (in the case of Company); or to the email address you provide to Company during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless and only unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.