These Terms and Conditions govern the sale of all products and services (“product”) by Brimtronics and apply notwithstanding any conflicting, contrary or additional Terms and Conditions in any Buyer generated documents or communication from Buyer. These Terms and Conditions may only be waived or modified in a written agreement signed by an authorized representative of Brimtronics Inc. Neither Brimtronics acknowledgment of a purchase order, commencement of performance and or delivery shall be deemed or constituted as acceptance of Buyer’s additional or different Terms and Conditions.
- Product Purchase
All product purchases shall be initiated by Buyer issuing a Purchase order, which can be accepted by fax, phone, email(prefer), or through online ordering system. All orders are subject to acceptance by Brimtronics. We do not accept verbal orders. Orders shall contain such information as: unit quantities, part numbers, descriptions, applicable prices and requested delivery dates and must specify prior shipping if any restrictions for brand, packaging or date codes. No orders may be cancelled or rescheduled without Brimtronics consent. Products identified verbally, online or in written as “NCNR” or “Non-Cancelable and Non-Returnable” shall be non-cancelable and non-returnable.
- Payment Terms
For domestic orders COD or company cheques and for international orders wire transfer in US funds only. Credit card payments can be processed through Paypal only (small handling fees applies for Paypal). NET terms offered for approved buyers only matching certain criteria (it is on Brimtronics sole discretion to determine if Buyer meets such criteria). Orders are subject to credit approval by Brimtronics, which may in its sole discretion at any time change the terms of Buyer’s credit. Handling fee of $7.50 will be added to international orders. Wire transfer fees must be paid in addition to the order amount plus shipping charges if shipping on Brimtronics Inc shipping account number.
- SALES TAX
Appropriate sales tax would be billed to the customer depending on his state/province or country of operation and that tax would be reflected in the invoice total.
Prices shall be as specified by Brimtronics Inc as per quote and shall be applicable for 15 days for product in stock, unless otherwise specified verbally or in written. For products that are not in stock, or that are available to us- pricing would be valid for 3 days from the quote date. Prices are exclusive of taxes & duties, shipping, bank fees, broker fees or any other charges, which shall be paid by Buyer to in addition to the price (USD) of the Products.
- SHIPPING & DELIVERY
All shipments by Brimtronics Inc. are F.O.B. Toronto, Canada and Buyer pays the shipping charges, insurance, taxed and duties in addition to the price of the Products. Brimtronics offer shipping via UPS, FEDEX, DHL or post. Buyer acknowledges that delivery dates provided by Brimtronics are estimates only and that Brimtronics is not liable for failure to deliver on such dates due to courier delay, customs delay or other natural weather issues that are out of control.
- SHIPMENT INSURANCE
Brimtronics recommends that Buyer procure insurance to cover Buyer’s risk of loss. Brimtronics will not be ensuring any extra insurance coverage on any shipments initiated by the buyer. Delivery shall be deemed completed and risk of product loss or damage will pass to Buyer upon delivery to the carrier.
- PRODUCTS RETURN
It is Buyer’s responsibility to inspect and accept the product. Unless Brimtronics received written notice of rejection within 7 days after delivery of the Products, Buyer is deemed to have accepted the Products and waives any right to revoke acceptance thereafter. Any discrepancies such as shipment quantity, part numbers, specified on the purchase order limitations, damage or visual defects must be reported by Buyer within 7 days after delivery. Return of Products shall be accepted by Brimtronics only with a Return Material Authorization (“RMA”) issued by Brimtronics authorized representative. All request for RMA must be submitted by fax or e-mail. For product claimed to be defective a complete description of the defect nature must be included.
- BRIMTRONICS INC. LIMITED WARRANTY
BRIMTRONICS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO ANY PRODUCT SUPPLIED, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. BRIMTRONICS’ SOLE OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFORE. IN NO EVENT SHALL BRIMTRONICS’S LIABILITY EXCEED THE BUYER’S PURCHASE PRICE. The foregoing remedy shall be subject to buyer’s written notification of defect within 60 days from the date of purchase and product, however, must be returned to Brimtronics, along with purchase documents (invoice, purchase order) within 60 days from the date of delivery.
- EXPORT REGULATIONS
Buyer agrees to comply with export control laws, regulations for the product sale or resale and any related technology and/or documentation and acknowledges that it shall not directly or indirectly export any Products to any country or user to which such export or transmission is restricted or prohibit.
Please note that prices are subject to change without prior notice and sales may be limited by stock availability.
For available product (not in stock) minimum order shall be as specified in quote.
If Buyer failed to pay any invoice when due, Brimtronics may suspend delivery of any order or any remaining balance thereof until such payment is made and Buyer shall remain liable to pay for any Products already shipped. If payment is not received within period of time specified by, Brimtronics has a right to cancel the order or any remaining balance. Brimtronics has a right to pursue any legal or equitable remedies if Buyer fails to make payment when due, in which event Brimtronics shall be entitled to reimbursement for costs of reasonable attorneys fees and collection and has a right to collect the interest on any invoice not paid when due from the due date to the date of payment at such lower rate as may be the maximum allowable by law.
Returned Products must be returned in the same condition and packing as shipped to Buyer (including all manuals, cables, software etc), incomplete product returned shall be a subject of additional fee. Freight charges must be prepaid by Buyer. Please note that if returned product was damaged due to improper packaging, handling or usage – no refund shall be issued. A restocking fee may apply.
COD returns cannot be accepted.
All the RMA product are subject to Brimtronics inspection and acceptance. All RMA requests will be processed within 7 business days upon receiving the product, unless if product requires additional testing.
IN NO EVENT SHALL BRIMTRONICS BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION LOST OF PROFITS, SAVINGS, DATA, INJURY OR REPUTATION, OR LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION COSTS, REPROCUREMENT, REMOVAL/REINSTALLATION COSTS ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY PRISM ELECTRONICS, OR THE USE OR INABILITY TO USE THE SAME, EVEN IF BRIMTRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.