BRAGS & HAYES, INC. TERMS AND CONDITIONS OF SALES.
This website is operated by Brags & Hayes, Inc. Throughout the site, the terms “we”, “us” and “our” refer to Brags & Hayes, Inc. Brags & Hayes, Inc offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
OFFER AND ACCEPTANCE
The selling corporation named Brags & Hayes, Inc. offers to sell the equipment, components, parts, or services presented in this web site store (collectively, the “Goods”) upon these terms and conditions (“Terms and Conditions”). Acceptance of these Terms and Conditions shall be deemed to have occurred upon Buyer’s use this web site. Acceptance of these Terms and Conditions constitutes the complete and exclusive statement of the terms and conditions regarding the purchase and sale of the Goods (the “Agreement), and supersedes and cancels all previous or contemporaneous understandings and agreements, whether oral or written. The sale and shipment by the Seller of the Goods covered hereby shall be conclusively deemed to be subject to these Terms and Conditions and shall constitute Buyer’s assent to Seller’s terms. Acceptance by Buyer is expressly limited to the Terms and Conditions contained herein. If Buyer’s Order contains terms that are inconsistent with, additional or to conflict with these Terms and Conditions, the Buyer’s form shall be used for convenience only and shall evidence Buyer’s unconditional agreement to these Terms and Conditions, and such conflicting, additional or inconsistent terms or conditions contained in Buyer’s Order shall be deemed a solicitation of the offer set forth herein and shall not be considered a part of the Agreement, but shall be deemed rejected and of no binding force or effect whatsoever between the parties, and the terms hereof shall supersede and shall exclusively govern and control. This Agreement may not be modified except in a writing signed by all parties to be bound.
PRICES
Unprecedented market conditions over the last years have resulted in constraints on upstream supply and unforeseen price escalations on raw materials, components, and freight for our suppliers. While we have sought to mitigate the impact and shield our customers, it has become unfeasible for Brags & Hayes to perform as anticipated under these conditions. All open orders will be subject to a price increase. The price increase may differ depending on the period in which the order was placed. We reserve the right to change pricing at ANY time on ANY product without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. If you place an order on the same day as a price change that reduces the price on the product you ordered, you can email or call us to qualify for the reduced price. It will be up to the seller to consider whether he can apply the reduced price requested by the buyer. We then could credit your credit card for the difference. We also reserve the right to refuse the sale of a product at the listed price when a price change occurs. Freight allowance, if any, is subject to Seller’s current shipping terms. Prices are based on shipping the entire order at one time unless otherwise specified. In case the products of an order are not available and are channeled by backorder, the order will be divided between the merchandise available and the merchandise by backorder and the freight may be calculated separately for each part of the order.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
DESIGN CHANGES
Seller and its suppliers reserves the right to make revisions without notice in the design of product or in packaging, unless this right has been specifically waived in writing at the time the order is accepted.
TAXES
For all customers applicable taxes will be added to your order. To satisfy consumer-reporting rules, if you are a reseller you must provide the correct forms before the State tax is removed from your order. Buyer shall pay all present and future sales, use, revenue, excise or any other taxes applicable to Seller’s sale of Goods or Buyer’s use of the Goods. The amount of all such taxes shall be in addition to, and not included in, the price of the Goods. Any taxes (other than income taxes) that Seller may be required to pay, and that are paid by Seller under any existing or future law upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption of transportation of any of the Goods covered hereby, shall for the account of Buyer, who shall promptly pay or reimburse the amount thereof to the Seller upon demand. Buyer may provide, in lieu of payment of such taxes, tax exemption certificates in form acceptable to the appropriate taxing authorities.
TERMS OF PAYMENT
Payment is accepted in the form of US dollars only. We accept all major credit cards, Paypal, Affirm and Amazon Pay. Payment by wire transfer can be accepted. Payment by personal, business and cashier’s checks along with money orders are held for 5 business days before released for processing or shipment. Please note that we will not ship, nor order, until full payment clears the bank. (Ship dates are not accurate when paying this method). If you use a coupon code that does not apply to your order, the difference will be charged to your credit card before the order is processed. All orders are prepaid and insures your place in which the order was received in back order scenarios. Your order will be charged in full whether or not the item is in-stock to guarantee your place in-line with other orders. Payments will be charged at the time of the order. This is when the merchandise is reserved for you. Brags & Hayes, Inc. does not directly provide payment processing services. For this purpose, it facilitates the participation on its website of companies specialized in online payment processing, with extensive and proven experience and reputation in processing payments, which handle it with technology that guarantees the security of transactions. Any problem caused by computer fraud during the purchase transaction of Brags & Hayes, Inc. services, the user will have to process their complaint directly with each payment service provider. Brags & Hayes, Inc. will collaborate with user in such a way that it will collect all the computerized evidence during transaction so that the user can properly process their claims with these service providers.
SHIPMENT
Transportation costs shall be charged to Buyer and risk of loss shall transfer to Buyer upon delivery of goods to common carrier, Buyer or buyer’s agent. Such delivery shall constitute complete and final delivery for all purposes. Seller shall not be liable for negligence or otherwise in the selection of the mode of transportation. Seller shall not be liable for any losses whatsoever, whether incidental, consequential or otherwise, attributable to or resulting in any way from delays in shipping or damage occurring during shipping. Seller may in its discretion ship the Goods to Buyer at Buyer’s address by any commercially reasonable means and shall have the option of selecting the particular route and carrier. All risk of loss, damage, and shortage in transit with respect to the Goods shall pass and transfer to Buyer upon such delivery, and Buyer shall pursue any claims therefore solely against the carrier. Except as otherwise expressly agreed in writing, and for an additional charge, Seller does not insure Goods against damage, loss or shortage in transit. Unless specified by Seller in the quote, the price for the Goods does not include charges for freight, packaging, insurance, or federal, state or municipal taxes, all of which are the responsibility of the Buyer. Any insurance desired is the responsibility of the Buyer. For shipments within the continental United States: Orders paid with a credit card usually ship within 1-2 business days of payment, based upon the availability of the product(s) ordered received. Items paid by check or money order are held for 5 business days before shipment. Items weighing less than 75 pounds ship via USPS Priority Mail or FedEx Ground. All orders over $50 require a signature upon delivery. Items weighing over 75 pounds ship via tractor trailer. Please ensure that your location can accommodate such equipment. We do not guarantee delivery dates and times of your merchandise. All transit times are approximate based on the information the carrier provides. Occasionally, circumstances out of the carriers’ control may occur which may cause an unusual delay. Some delays may include but are not limited to: weather, holidays, rural area constraints, lack of response by recipient, incorrect address information, etc. We are not responsible for any transit delays. In the event you receive an item different than what you ordered, please contact us (sales@bnhgenerators.com) for prompt replacement. Brags & Hayes, Inc. does not guarantee lead-times or delivery dates. Brags & Hayes, Inc. maintains a consistent effort to be as up to date as possible. Due to unpredictable demands at certain times throughout the year (e.g., hurricanes and winter storms), all generator manufacturers may experience backlog issues at this time. The lead-times that are posted on the site and communicated through calls are the dates the manufacturers have provided to us. These dates are subject to change, even after orders are placed. The website is updated continuously with lead-times as they become available. Shipping weights are approximate as cataloged and are not guaranteed, but are sometimes shown for customer convenience. Seller will use its best efforts to furnish Goods within the limits and of the sizes published by the Seller and subject to Seller’s standard tolerances for variations. However, all specifications as to weight, size, length and diameter of the Goods described are approximate. Seller reserves the right to deliver the Good with immaterial deviations from specifications. Carriers usually have the following delivery terms: Some services and locations incur additional charges. Please make sure your shipping address is deliverable by carriers as we are not responsible for shipments returned as undeliverable. Please make sure the shipping address you provide is correct as the carrier will assess additional charges in the event you wish to change the shipping address after your order has left our warehouse. These charges vary and once determined, must be collected before an address change is authorized. Delivery of freight shipments is curbside only. Curbside is defined as where your address meets the street, typically your driveway. Carriers will not place your shipment, only remove it from the truck. Please ensure you have the means to move your shipment from the delivery point to the desired location. Liftgate service availability is determined by the carriers. Liftgate deliveries are to curbside only. This service is available for most freight shipments but NOT for certain liquid cooled generators and NOT for any diesel or mobile products. For these larger units, the customer must have a forklift and chains or a dock to remove from the truck. If delivery attempt is made without the appropriate equipment to offload the generator, a re-delivery charge or other fees may apply at the customer’s expense.
INSPECTION AND ACCEPTANCE
Orders Over $50 require a signature on delivery. Buyer shall inspect the Goods immediately upon receipt and, within seven (7) calendar days of such receipt, shall give Seller a full and final written statement of any and all purported defects and nonconformity of the Goods, in case of damage. If Buyer fails to give such written notice within such seven (7) calendar day period, Buyer shall be deemed to have irrevocably accepted the Goods. Buyer shall bear the expense of inspection under all circumstances. Buyer’s sole remedy for defective or nonconforming Goods is as set forth in Section BUYER’S REMEDIES. When any carrier delivers a shipment to you, you are required to inspect the package and its contents, and then sign the receipt. Be sure you receive the number of cartons you sign for. Inspect each box for signs of damage; look for crushed, torn, open, or unsealed tape, etc. DO NOT accept ANY damaged goods. If there is no visible or obvious damage (the carton appears acceptable at delivery and no damage is noted on delivery receipt), but you discover broken or damaged items after opening, call the Carrier within two (2) business days of receipt for instructions in placing a Concealed Damage Claim. Typically, a Carrier will not give you 100% replacement value when filing a concealed damage claim and we will not assume the difference. “YOU”, Not Brags & Hayes, Inc. are responsible for verifying the condition of your merchandise upon receipt. Please inspect it carefully for shipping/handling damage, Open the Package and Inspect The Contents, prior to signing the delivery receipt. Brags & Hayes, Inc. will not be responsible for concealed freight damage. If you find damage of any kind, REFUSE the shipment and Mark “Product Damaged”; (Dented, Broken, Punctured, Scratched, Dropped, etc) on the delivery Receipt. DO NOT SIGN THE DELIVERY RECEIPT and return it to the carrier.
FORCE MAJEUREÂ
If performance by Seller is delayed, limited or otherwise made impracticable or burdensome by reason of any cause beyond Seller’s reasonable control, including, without limitation: Acts of God; fire, flood, explosion; vandalism, sabotage; riot, civil unrest, war, insurrection; severe weather; failure, curtailment or termination of Seller’s regular sources of supplies; inability to obtain ora delay in obtaining necessary licenses, permits, materials, or equipment; acts or omissions of Buyers, its agents or representatives; delays due to shipping or common carriers; changes or additions to any Order; strikes, labor difficulties or other disputes involving Seller or its suppliers; or any existing or future laws, acts, orders or decrees of any government or regulatory body; then (i) Seller shall not be liable for any loss or damage arising therefrom, (ii) Seller shall be excused from performance to the extent that and for so long as such performance is delayed or made impracticable or burdensome by such cause, and (iii) Seller may adjust the price of the Goods accordingly.
INVENTORY
For goods held in Seller’s inventory beyond the scheduled delivery date as a result of Buyer’s failure or refusal to accept delivery are subject to a storage charge, and if the goods are not collected by the Buyer within 30 days, the Seller have the right to resale the goods and reschedule a new delivery date for the Buyer.
Special Orders
All Special Orders are Final Sales. A Special Order is anything that is designed to fit a specific vehicle/applications. Special Order items may take more time for delivery and the delivery time is determined by the manufacturer and is not under our control.
CANCELLATION
In order to request a cancellation, you are required to send email notification with your Name and Order Number to info@bnhgenerators.com. You will receive an email confirmation receipt within 1-2 Business Days. Cancellation requests made through any other methods will not be accepted. Items marked with “As-Is”, “Special Order” or “Build to Order” can only be canceled by notification no later than the next business day after placing your order. Cancellation requests for these items made after , will not be accepted. If you cancel/refuse an order which has already been shipped, you will be responsible for both the outbound and return shipping costs in addition to the 30% restocking fee. If after you place your order and you decide to cancel your order, we will gladly do so only if the order has not been shipped. To cancel, you must notify us no later than the next business day after placing your order. A $20.00 processing fee will be billed against your credit card for orders up to $1,000.00, $50.00 charge for orders up to $10,000.00 and charges for orders over $10,000.00 will be determined at time of cancellation.
Suitability
We cannot guarantee compatibility or suitability of products sold for your particular situation. Every effort is made by us to recommend those products best suited for your described needs. Sometimes however, this is difficult to accomplish over the phone or internet, for that reason the customer is responsible to fully research compatibility and suitability prior to purchase.
INSTALLATIONS
Installation, service, and use are solely the responsibility of the Buyer(s) and Installer(s) of the given product. “Brags & Hayes, Inc.” assumes no liability for personal injury, death and/or property damage due to misuse, mis-installation, or improper service of the product. The Buyer(s) and Installer(s) assume all responsibility of ensuring that all proper instructions for installation and use are followed.
Warranty
All merchandise sold by Brags & Hayes, Inc. is warranted by the manufacturer NOT Brags & Hayes, Inc.
DISCLAIMER OF WARRANTY
To the extent that the Goods or portions or parts thereof may be covered by manufacturers’ warranty, Seller hereby assigns all rights and benefits under such manufacturers’ warranties to Buyer, if assignable, and undertakes to assist Buyer in the coordination of any claims under such warranties. Seller makes no further warranty of any kind with respect to the Goods. SELLER DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF CONFORMITY TO SPECIFICATIONS, MODELS, SAMPLES OR OTHERWISE. SELLER WILL NOT BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE OR LOSS OF PROFITS, FOR ANY BREACH OF WARRANTY OR FOR NEGLIGENCE.
Defective Merchandise
If you think you have defective merchandise (this means it does not work properly), please call the manufacturer directly. Most manufacturers view defective merchandise as a warranty claim and will usually either repair or replace the merchandise (policies may vary from manufacturer to manufacturer). All warranty claims should be made directly with the manufacturer. Should you need assistance, we can help establish initial contact with the manufacturer and begin your claim.
Returns & Refunds
Merchandise returns do not apply to all products. For those specific products where return is allowed, within thirty (30) days of receipt of your merchandise we will gladly accept your returns (except for AS IS Not Returnable & Special Orders as defined above). ALL returns require inspection upon receipt before any refund is transacted. All returned merchandise must be uninstalled, unused and in NEW condition. The returned merchandise must be in the original packaging, and include all the parts, instructions, and accessories. Packages that have been opened may be subject to additional fees, unless all parts, items and accessories with documentation are returned with the item again in the ORIGINAL packaging. To return merchandise, you must first contact us at sales@bnhgenerators.com for a RGA # (only valid for fifteen (15) days) and we will provide the return shipping address. Send merchandise prepaid and insured with the RGA # printed on the box and include a copy of the original invoice. All refunds will be issued less the actual shipping charges (sometimes included in the items selling price). Allow 3 to 4 weeks for refund. In addition, all returns be assessed a 30% restocking fee. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Return on Electronics – Serial Number Policy
On returns of all electronics, serial numbers must match with serial number of product originally shipped and will undergo inspection; if serial numbers are not matching, a refund will not be issued.
“AS IS Non-Returnable” Items
All AS IS orders are non-returnable.
BUYER’S REMEDIES
Seller’s liability for any breach of any provision hereof, on products not covered by the manufacturer’s warranty is limited to either (i) repair or replacement of any nonconforming components of the Goods, or (ii) upon return of the nonconforming Goods, credit to the Buyer of the amount paid therefor, whichever Seller shall select. Seller’s liability arising for any reason under this Agreement shall in no event be greater in the aggregate than the price paid by Buyer for the Goods and shall not include any labor, shipping or other costs incurred in connection with any repair, replacement, reinstallation or reshipment. Buyer shall provide Seller access to the Goods as to which Buyer claims a purported defect or nonconformance. Seller’s obligation to repair, replace or credit shall only apply to Goods that examination by Seller or Seller’s representatives determines to have been defective under ordinary and normal use. Upon request by Seller, Buyer shall, at its own risk and expense, promptly return the Goods in question to Seller’s address of it’s choice specified by the Seller in writing, any nonconforming Goods returned to Seller must be accompanied by proof of purchase, and the transportation of the Goods must be prepaid by Buyer. Any Goods that are repaired or replaced by Seller shall be re-delivered to Buyer F.O.B. Sellers address of it’s choice. Seller shall not be required to repair or replace more than the Goods actually found to be defective. No allowance shall be made for any expenses incurred by Buyer in repairing defective parts or supplying any missing parts except on the written consent of Seller. If Seller agrees to replace or repair a defective part, Buyer shall have the responsibility and bear the cost for and related to procuring and providing all necessary dismantling, reassembling, and handling facilities in connection with these services. Buyer is responsible for determining the suitability of Sellers products for Buyers use or resale, or for incorporating them into objects for applications that Buyer designs, assembles, constructs or manufactures. THE REMEDY SET FORTH IN THIS PARAGRAPH SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER AND BUYER WAIVES ALL OTHER REMEDIES AGAINST SELLER.
INDEMNIFICATION
Buyer hereby waives and releases Seller from, and shall defend, indemnify and hold harmless Seller and its shareholders, directors, officers, affiliates, predecessors, successors and assigns from and against, any and all claims, actions, causes of action, liabilities, liens, losses, expenses and costs (including, without limitation, the costs of litigation and attorneys’ fees), by Buyer or any third party claiming by, through or in the right of Buyer relating to: (i) the manufacture, purchase, sale, ownership, operation or use of the Goods or any device, material or thing to which the Goods are attached or of which the Goods are made a part or within which the Goods are enclosed; and (ii) any claimed or actual breach by Buyer of Buyer’s obligations hereunder or any acts primarily attributable to the conduct of Buyer or its employees and agents, including, but not limited to, the negligence or reckless conduct of Buyer’s employees or agents, Buyer’s maintenance of the Goods, Buyer’s addition to or modification of the Goods, or Buyer’s use of the Goods in an appropriate manner, regardless of whether Seller may be wholly, concurrently, partially, jointly or solely negligent or otherwise at fault and regardless of the manner in which such claim or liability arises. Buyer shall bear sole responsibility for providing adequate and efficient safeguards, work-handling tools, and safety devices necessary to provide a safe workplace and to protect fully all personnel from bodily injury or death which otherwise may result from the use, operation, setup or maintenance of the Goods. Compliance with all prevailing federal, state, and local codes and
industry-accepted standards is the responsibility of Buyer alone. Seller shall bear no responsibility whatsoever for the failure of Buyer to order, install, or use safeguards, work-handling tools, or safety devices. Buyer shall establish, and require all persons who use, operate, set up, or maintain the Goods to use, all proper and safe operating procedures, including, but not limited to, procedures set forth in any manuals or instruction sheets relating to the Goods. Buyer shall not remove or modify any devices, warning signs, or manuals furnished with or installed upon or attached to the Goods.
LIMITATION OF LIABILITY IN GENERAL
The Seller or any of its shareholders, directors, officers, affiliates, predecessors, successors and assigns, have limited liability to Buyer or any third party or any of their shareholders, directors, officers, affiliates, predecessors, successors and assigns, for any incidental, indirect, consequential, exemplary or special losses, damages, costs or expenses of any kind relating in any way to the manufacture and sale of the Goods, the use of or inability to use such Goods, or acts or omissions in connection herewith (including, without limitation, lost profits or the use of or the loss of use of any of the Goods or other property), regardless of whether Seller and/or others may be wholly, concurrently, partially, jointly or solely negligent or otherwise at fault, and whether or not the Seller has been made aware of the potential for any such liability. In no event shall Seller’s liability arising under this Agreement for any reason exceed, in the aggregate, the purchase price of the Goods purchased.
MODELS, PREPRODUCTION OR EVALUATION SAMPLES; SPECIAL ORDERS
(a) In any case where Seller provided Buyer with models, prototypes, preproduction, evaluation or specification samples, whether or not pursuant to designs or specifications provided by Buyer (collectively), “Prototypes”). Buyer shall examine the Prototypes fully. Such Prototypes shall not be offered for sale, sold or provided to, or incorporated into, attached to or enclosed within any device, material, product or thing that is subsequently offered for sale to or consumption or use by, any third parties or the general public. Buyer agrees to defend, indemnify and hold harmless Seller and its shareholders, directors, officers, affiliates, predecessors, successors and assigns, from and against any and all claims, actions, causes of action, liabilities, liens, losses and costs (including, without limitation, the costs of litigation and attorneys’ fees), resulting from Buyer’s breach of this Section. (b) If any material shall be manufactured and/or sold by Seller to meet the Buyer’s particular specifications or requirements and is not part of the Seller’s standard product line offered by it to the trade generally in the usual course of the Seller’s business. Buyer agrees to defend, protect, and save harmless Seller against all suits at law or in equity and from all damages, claims, and demands for actual or alleged infringement of any United States or foreign patent and to defend any suit or actions which may be brought against Seller for any actual or alleged infringement because of the manufacture and/or sale of the material covered thereby.
REQUIRED SIGNATURES
Seller shall not be bound by any agreement, whether oral or otherwise, or any other writing, irrespective of the authority under which the employee or agent of Seller has or claims to have for the purposes of acting on behalf of or binding Seller, unless signed by the President.
CONFIDENTIALITY
Buyer acknowledges that Seller possesses certain confidential or proprietary information, including but not limited to the following: certain know- how, trade secrets, patent applications, formula books, information regarding research and inventions, customer, vendor and supplier lists, customer sales histories, customer- related data, processes, other data (including data relating to or provided by vendors or suppliers), specifications, computer programs, drawings, designs, marketing plans, bid and pricing information (including without limitation all pricing information relating to the Goods and to this Agreement) and other trade secrets collectively, ‘Confidential Information”), which may, whether intentionally or otherwise, be disclosed to Buyer. Buyer agrees that it will not under any circumstances disclose any Confidential Information to any other person or entity, or use such Confidential Information for or on behalf of itself or any third party, for any reason and whether or not for consideration, unless specifically authorized to do so by a corporate officer of Seller. Buyer acknowledges that any disclosure by Buyer of Confidential Information will cause irreparable harm for which monetary damages would not be an adequate remedy. Seller shall therefore have the right to enforce this Section by seeking and obtaining injunctive or other equitable relief in any court of competent jurisdiction, without first having to show actual damages or post any bond. Such relief shall be in addition to, and not in lieu of, any other relief available to Seller at law or pursuant to this Agreement.
TIME LIMITATION ON ACTIONS; WAIVER
(a) Any claim or action by Buyer relating to the sale of the Goods by Seller or Buyer’s use of the Goods must be commenced not later than six (6) months after Buyer knew or reasonably should have known of the existence of such a claim, but in no event later than one (1) year after tender of delivery of the Goods. If Buyer fails to commence any such action within the aforesaid period, the action shall be deemed barred and Seller shall have no liability whatsoever to Buyer. (b) No failure of Seller to require strict performance by Buyer of this Agreement shall waive, affect or diminish any right of Seller to demand strict performance of the Agreement thereafter. No wavier, alteration or modification of any of the provisions hereof shall be binding on Seller unless made in writing and agreed to by the President of Seller. Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur. The rights and remedies herein reserved to Seller shall be cumulative and in addition to any other rights and remedies provided by law.
CHOICE OF LAW
This Agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with, the substantive laws of the State of Florida, without regard to any choice of law rules or principles. Buyer hereby submits to the jurisdiction of the state and federal courts for the State of Florida, County of Broward, and said courts shall have exclusive jurisdiction and venue to adjudicate the rights and obligations of the parties relating in any manner to this Agreement. Buyer hereby designates the Secretary of State of Florida as an authorized agent to accept service of process for Buyer in the State of Florida.
SEVERABILITY
If any provision of this Agreement is held by any court to be invalid or unenforceable, such provision shall be deemed to be modified or severed here from, but only to the minimum extent necessary to enable that and the remaining provisions of this Agreement to be valid and enforceable, and upon such modification or severance the other terms and conditions hereof shall remain in full force and effect.
NO ASSIGNMENT
Buyer may not assign any rights or obligations under this Agreement without prior written consent of an authorized corporate officer of Seller. Upon such permitted assignment, these Terms and Conditions of Sale shall binding upon the successors and assigns of Buyer.
International Shipping Policy Including Puerto Rico and the Caribbean
We cannot ship directly to the Caribbean or other countries. We can ship to a freight forwarder with an address in the continental US. Arrangements have to be made with the freight forwarder prior to placing an order with Brags & Hayes. Once the order is delivered to the freight forwarder, they (the freight forwarder) are responsible for the merchandise including delivery to you, any customs or import/export documents and and any clearances necessary. Any arrangements, communications and payments for the freight forwarder are your responsibility. All sales are final upon delivery to the ship-to address supplied on your order. We, as a value-added service, can help you, depending on the country of final destination, by recommending transportation companies that we have previously studied that have serious services and infrastructure to be able to offer a quality service. For us it is important to serve you and give you options so that you can have our excellent products wherever you are in the world. Our business name and tax ID cannot be used on any export paperwork. You are responsible for filling-out any necessary documentation, which may include the Shipper Export Declaration (SED) for items valued over $2,500. Additionally, once the product(s) leave the U.S. they may no longer be warranted or serviceable by the manufacturer. We will not provide an EIN (Employer Identification Number), the tax ID number must be provided by you, the customer (exporter).
Questions regarding our terms & conditions policy? Do not hesitate to contact us here or chat with us in the chat sign on the right!