Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from the Brute Belt website by Brute Training Systems (hereinafter referred to as “brutebelt.com”) and Brute Training Systems entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Brute Training Systems and/or the Brutebelt.com Internet Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Brute Training Systems, in which case the separate Agreement shall govern; or (ii) unless other Brute Training Systems standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Brute Training Systems sole discretion.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Brute Training Systems acceptance of Customer’s order, nor does it constitute confirmation of Brute Training Systems offer to sell. Brute Training Systems reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Brute Training Systems cancels Customer’s order, Brute Training Systems shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Brute Training Systems sole discretion and unless otherwise agreed to by Brute Training Systems, payment must be received or otherwise authorized or secured in a form approved by Brute Training Systems prior to Brute Training Systems acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Brute Training Systems. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Brute Training Systems and the customer. Brute Training Systems may invoice parts of an order separately. Orders are not binding upon Brute Training Systems until accepted by Brute Training Systems (see Order Acceptance Policy). Any quotations given by Brute Training Systems will be valid for the period stated on the quotation. Brute Training Systems reserves the right to adjust or cancel quotations as required.
Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Brute Training Systems suppliers, Brute Training Systems shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Brute Training Systems within thirty (30) days from the date the shipment was delivered. (see 8. “Limitations on Damages” or email: firstname.lastname@example.org). Brute Training Systems shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported. For goods returned under our 60-Day Money Back Guarantee, Customer is responsible for all costs related to shipping.
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Brute Training Systems invoice.
5. TITLE; RISK OF LOSS
Title to product passes from Brute Training Systems to Customer upon completion of shipment of product to Customer by Brute Training Systems, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Loss or damage to products that occurs during shipping by a carrier selected by Brute Training Systems is Brute Training Systems responsibility.
All warranties set out are Manufacturer-specific warranties only. The limited warranty applicable to each product sold by Brute Training Systems is set out under the heading “Warranty” located on the Brutebelt.com Site where each product is described. Such limited warranty applies to each sale by Brute Training Systems of that respective product. Brute Training Systems makes no express warranties except those stated in this agreement and in Brute Training Systems applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Brute Training Systems will be obligated to honor any such warranties, only upon Brute Training Systems receipt of payment in full for the item to be warranted. Before returning any item, Customer must contact Brute Training Systems Claims Department for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific “Warranty”). The WA number is valid only for the product described therein. The product returned must match the product authorized for return. Customer must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through Brute Training Systems Logistics Department. Customer is responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product “Warranty.” Whenever possible or as outlined under “Warranty,” all items must be in “as new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package. Brute Training Systems may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. Brute Training Systems Claims Department will advise Customer of the details specific to the warranty claim.
THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S). BRUTE TRAINING SYSTEMS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BRUTE TRAINING SYSTEMS ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. BRUTE TRAINING SYSTEMS DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR- FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. BRUTE TRAINING SYSTEMS DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. BRUTE TRAINING SYSTEMS FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS (EXCEPT OUR OWN), WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY TRAINING BELT CONCEPTS, USE OF MATERIALS OR COMBINATION OF THE TWO.
8. LIMITATION ON DAMAGES
BRUTE TRAINING SYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. BRUTE TRAINING SYSTEMS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF BRUTE TRAINING SYSTEMS WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, BRUTE TRAINING SYSTEMS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
9. 60-DAY MONEY BACK GUARANTEE
Customers who purchase can return product within 60 days of order and get a full refund of the purchase price of the belt(s), less shipping and handling. The product must be returned in its entirety and in the same condition as when it arrived at the original destination. Customer is responsible for all costs related to returning the product. This guarantee applies to all regular Brutebelt.com Site products only and does not apply to clearance items, custom made and special orders.
Customers who purchase by the container-load may cancel their order and receive a full refund up until the customer provides authorized acceptance of the Inspection Report. Authorized acceptance may be indicated directly on the Inspection Report (by way of customer signature); or by referencing the order number via email or fax. Signing the Inspection Report transfers the now completed order from the place of manufacture to the shipping company. At this point, it is too late for the customer to cancel or change any order.
All references to monetary amounts, including prices, on the Brute Belt Website (the “Site”) and in this Agreement shall be in U.S. currency.
11. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of United States and the federal laws applicable therein, without regard to conflict of laws rules. Brute Training Systems and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by Brute Training Systems. The Site can be accessed from countries around the world. As each of these jurisdictions has laws that may differ from those of the United States, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the United States and the federal laws applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the United States and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Federal Arbitration Act. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.
13. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and Brute Training Systems, 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) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and Brute Training Systems.
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.