Terms & Conditions

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!