Brugg Lifting

TERMS AND CONDITIONS

 

Terms
Full payment is due within thirty (30) days of the invoice date. 

Conditions
As stipulated on our acknowledgments and invoices. 

Freight and Insurance
Exworks - origin.

Warranty conditions
All goods offered for sale by Brugg Wire Rope, Inc. LLC (hereinafter called "Seller") are offered for sale to the Buyer (purchaser of goods), only to the terms and conditions appearing herein.

General
All sales and charges for goods or services sold by Seller shall be subject to the terms and conditions set forth on Seller's invoice document. 
Such terms and conditions shall be the sole and exclusive terms and conditions applicable to any sale. 
Seller will not be bound by any terms and conditions proposed by the Buyer, which are additional to or different from the terms and conditions referred herein.

Prices
Unless otherwise agreed to in writing, the Buyer shall pay the Seller its prices for the goods in effect on the date of shipment by the Seller.
All prices are Exworks origin, apart from those exceptions set forth in the Seller's quotation, order acknowledgment or invoice document. 
Prices do not include sales, excise, or similar taxes.

Transportation and Routing
Seller shall have sole control and discretion with respect to the mode of transportation and routing.

Risk of Loss
The risk of loss or damage to goods shall pass to the Buyer at the time the Seller transfers possession of goods to a common carrier.

Force Majeure 
Seller shall not be responsible or liable for any delay or failure to deliver any goods if such delay is deemed beyond its reasonable control, including but not limited to, acts of God, war, strikes or labor disputes, embargoes, government orders or any other Force Majeure event.

Shipping Dates 
All shipping dates are approximate only.
No guarantee of any shipping date is made by Seller unless such guarantee and its terms are specifically stated in writing.

Warranties 
All goods manufactured by Seller are warranted to be free from defects in material and workmanship for a period of one (1) year commencing on the date of shipment to the Buyer.
THE SELLER'S SOLE AND EXCLUSIVE OBLIGATIONS AND LIABILITIES UNDER THESE WARRANTIES ARE AND SHALL BE LIMITED TO ISSUANCE OF CREDIT FOR OR REPAIR OR REPLACEMENT OF ANY GOODS OR PARTS THEREOF WHICH ARE PROVED TO BE OTHER THAN AS WARRANTED.
THE SELLER SHALL HAVE SOLE DISCRETION AS TO WHICH OF THESE REMEDIES IT SHALL PROVIDE. THE SELLER SHALL NOT REIMBURSE OR MAKE ANY ALLOWANCE TO THE BUYER FOR ANY LABOR CHARGES INCURRED BY THE BUYER FOR REPLACEMENT, ADJUSTMENT, OR REPAIR OF ANY GOODS OR PARTS THEREOF OR FOR ANY OTHER WORK UNLESS SUCH CHARGES ARE AUTHORIZED IN ADVANCE BY THE SELLER.

(a)If any of the goods for which the Seller warranties have not expired are claimed to be defective in material or workmanship, the Seller shall either examine the goods where they are located or, in its sole discretion, issue shipping instructions for return of the goods or any defective parts thereof, if any goods or parts thereof are returned to the Seller, the Buyer shall prepay all transportation charges for such return.

(b)Any claim for breach of the Seller's warranties shall conclusively be deemed to be waived unless written notice of such claim is given to the Seller within ten (10) days after the date on which the claimed defect is discovered.

(c)Seller's warranties shall be considered null and void if the original Buyer for use transfers ownership of the warranted goods, unless the Seller is notified in writing of the transfer and the name and address of the new owner within fifteen (15) days after the date on which the transfer is made.

(d)The Seller's warranties shall not apply to any goods or parts thereof which have been subjected to any misuses, neglect or accidental damage or which contain defects which are in any way attributable to improper installation or to alterations or repairs made or performed by any person or entity not under the control of the Seller. Further, the Seller's warranties shall not apply to any goods or parts thereof which are obtained from manufacturers other than the Seller and resold by the Seller.

(e)THE WARRANTIES SET FORTH HEREIN ARE THE SELLER'S SOLE AND EXCLUSIVE WARRANTIES FOR OR RELATING TO THE GOODS. SELLER NEITHER MAKES NOR ASSUMES ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY THAT THE GOODS SHALL BE DELIVERED FREE OF THE RIGHTFUL CLAIM OF ANY THIRD PERSON BY WAY OF INFRINGEMENT OR THE LIKE, OR ANY OTHER WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY PERSON OR ENTITY TO ASSUME FOR IT ANY OTHER LIABILITY OR OBLIGATION IN CONNECTION WITH THE SALE OR USE OF THE GOODS, AND THERE ARE NO ORAL AGREEMENTS OR WARRANTIES COLLATERAL TO OR AFFECTING THE SALE OF THE GOODS.

(f)SELLER'S WARRANTIES, OBLIGATIONS AND LIABILITIES AND BUYER’S REMEDIES SET FORTH HEREIN ARE LIMITED TO THEIR PRECISE TERMS. SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, FOR RESULTING FROM OR IN CONNECTION WITH ANY BREACH OF WARRANTY. THE OBLIGATIONS AND LIABILITIES OF SELLER AND THE REMEDIES OF BUYER SET FORTH HEREIN SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDIES FOR, RESULTING FROM OR IN CONNECTION WITH THE SELLER OR ANY BREACH THEREOF.

Venue
Buyer and Seller acknowledge and agree that any dispute or claim either party has against the other arising out of, or in any way connected with, the rights, obligations, or responsibilities arising out of this Agreement or relating to products sold by Seller will be litigated or resolved in the courts of the State of Georgia, and, accordingly, the parties hereby freely and voluntarily consent to the jurisdiction and venue of the Superior Court of Floyd County, Georgia, or the United States District Court for the Northern District of Georgia, Rome Division, as the proper forum for the resolution of any such dispute or claim between the parties.

Cancellation
Orders may be cancelled only with written consent FROM THE SELLER.

Ordering information
All catalogued items are generally in stock and available for immediate delivery. Call us for the name of your nearest distributor. The Seller reserves the right to improve, enhance, or modify the features and specifications of their products without prior notification.

 

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