| BRW Technologies Greenwood, SC Copyright © BRW Technologies 2010. |
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| BRW Technologies Terms and Conditions of Sale |
| Torchsaver Products CGA Brass Welding Fittings |
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1. Taxes: Any taxes which under any existing or future law, we may be required to collect with respect to the sale, purchase, delivery, storage, processing, use,
consumption or transportation of any of the goods or services covered hereunder shall, if not separately shown herein, be added as a separate item to the quoted price
and shall be paid by the Buyer upon demand.
2. Credit Approval: Acceptance, shipment, delivery, and performance of work at all times shall be subject to the approval of the Seller’s Credit Department. If the Buyer
should fail to pay according to the terms of, or in the opinion of the Seller, the financial responsibility of the Buyer at any time hereafter become impaired, the Seller
reserves the right, without prejudice to any claims for damage Seller may be entitled to decline, to make shipment, delivery, or perform any work until receipt of payment or
upon terms and conditions satisfactory with Seller.
3. Terms of Payment: Subject to the provision of Credit Approval above, payment shall be net thirty (30) unless otherwise noted.
4. Delivery: Seller shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond the Sellers control, including, without limitation, strikes,
lockouts, fires, embargos, war or other outbreak of hostilities, acts of God, inability to obtain shipping space, machinery breakdowns, delays of carriers or suppliers, and
government acts and regulations. Seller shall not be liable for consequential or incidental damages resulting from any delay in delivery. Buyer’s right to reject due to delay
in delivery is waived unless notice thereof is presented to Seller in writing within seven (7) days after delivery.
5. Title to Goods: Title to any goods priced at shipping point shall pass to the Buyer upon delivery at such shipping point; title to any goods priced at destination shall
pass to the Buyer upon delivery at the destination specified.
6. Warranty Disclaimer, Torchsaver Products only: The manufacturer’s warranty is limited to the product purchased only. The manufacturer warranties the Torchsaver
for 6 months from the date of purchase. The warranty covers defects in materials and workmanship. It does not cover abuse, misuse, ordinary wear and tear, or acts of
God. Incidental or consequential damages are not recoverable under these warranties. The manufacturer may repair or replace the Torchsaver at the manufacturer’s
option.
7. Acceptance of Terms & Condtions: BRW Technologies Terms and Conditions are posted on the website. By purchasing a product from BRW Technologies, it is
understood that the buyer accepts the terms and conditions here-in from BRW Technologies.
8. BRW Technologies Manufacturer’s Liability:
a. Limits of liability for products sold not manufactured by BRW Technologies
i. The Seller shall not be liable for any defects in workmanship for products that BRW Technologies sells and does not manufacture.
ii. The Seller is not responsible for the end use of the products that are sold and BRW Technologies is not responsible for the misuse of these products.
ii. Any products sold by the seller, not manufactured by the seller, are warranted by the manufacturers of those products and the seller assumes no liability for these
products.
b. Limts of Liability for Welding Fittings. BRW Technologies, the Seller, is not responsible for the end use of these fittings in any way and the buyer is responsible for
correctly connecting these fittings to their equipment. The seller is not liable for any lost production time, damaged manufacturing products, damaged equipment,
personal injuries, or other damage to plants or equipment due to the use of CGA fittings.
c. Limits of liablility for Torchsaver Systems:
i. This includes all items manufactured and sold under the Torchsaver name including, but not limited to, water flow switches, water flow switch systems, and water
filters.
ii. It is the Buyer’s responsibility to connect the Torchsaver to the equipment. Instructions are provided. The manufacture shall not be liable for any lost production
time, damaged manufacturing products, or damage to equipment.
iii. It is the Buyer’s responsibility to provide water or fluid that is free from gross particulates, rust, scale, dirt, sand, sludge, or other matter that may interfere with the
operation of the Torchsaver. Gross contamination of the fluid may damage the water flow sensor in the Torchsaver and will void any warranties.
iv. It is recommended that a water filter be used with the Torchsaver water flow switches units to protect the Torchsaver water flow switches from contamination. The
water flow switch will not be warrantied unless a water filter is installed before the Torchsaver water flow switch.
v. It is the responsibility of the Buyer to properly install the water filters, change or clean the filter at regular intervals or when dirt can be seen in the transparent sight
glass. It is the responsibility of the purchaser to connect the water filters correctly to the machines. If the water filters have been altered in any way, the seller is released
for any and all liability for that product and any warranties will be void.
vi. Any warranties will be voided if the filter is removed from the unit or the filter element is removed from the filter and the system operated with the filter element
removed.
vii. Buyers Remedies: If the material furnished to the Buyer is found to be defective or shall fail to conform to the contract, the Seller may, at his option, either replace
such defective or non-conforming material at the point where material was delivered, or refund the delivered price paid by the Buyer. The Buyer’s exclusive and sole
remedy on account of and in respect to the furnishing of material that is defective or that does not conform to the contract, or to any expressed or implied warranty, shall be
expressly limited to the replacement or refund of the delivered price provided for above. The Seller shall not in any event be liable to the Buyer or anyone else for the cost of
any labor expended on any such material or for any special, direct, indirect, incidental or consequential damage by reason of the fact that such material is defective, or
does not conform to the contract or to any expressed or implied warranty.
viii. Claims: Claims for damaged goods, shortages, or goods not in conformity with the order, must be made within seven (7) days after receipt of such goods. Any
other claims must be made promptly in writing after receiving such goods. If the Buyer has any claims with respect to the goods, the Buyer will permit the Seller a
reasonable opportunity to inspect the goods.
9. Inspections: Materials must be examined by the buyer immediately upon receipt to determine correctness of shipment quantity, size, and condition. Buyer must not
cut fabricate or otherwise use the materials without such examination. If upon receipt by the Buyer, the material appears not to conform to the order or be defective, then
the Buyer shall immediately notify the Seller of such condition and give the Seller a reasonable opportunity to inspect the material
10. Cancellation: Orders placed with Seller cannot be cancelled or countermanded without Seller’s consent. Orders for special and non-stock material cannot be
cancelled without the consent of the Seller’s supplier.
11. Cost and Attorney’s Fees: In the event the Buyer should default under any terms and conditions herein, Buyer agrees to pay all Seller’s cost and expenses as a
result of such breach, including reasonable attorney’s fees and court costs.
12. General: Determination that any provision of this agreement is illegal or invalid shall not affect the validity or enforceability of the other provisions or remaining part
of this agreement. The seller reserves the right to correct any obvious errors in specifications or price.
13. Entire Agreement: The Terms & Conditions of Sale set forth herein constitute the entire agreement between the Buyer and the Seller. No other terms, conditions,
or understandings, whether oral or written, shall be binding upon the Seller unless hereafter made in writing and signed by the Seller’s authorized representative.
14. The seller may, at any time, change the design or update any products without notice to the Buyer.
15. Internet security: BRW Technologies uses secure payment gateways and processes payments over the internet. BRW Technologies is not responsible for any
thefts of personal information that is out of the control of BRW Technologies and handled by the payment gateways.
consumption or transportation of any of the goods or services covered hereunder shall, if not separately shown herein, be added as a separate item to the quoted price
and shall be paid by the Buyer upon demand.
2. Credit Approval: Acceptance, shipment, delivery, and performance of work at all times shall be subject to the approval of the Seller’s Credit Department. If the Buyer
should fail to pay according to the terms of, or in the opinion of the Seller, the financial responsibility of the Buyer at any time hereafter become impaired, the Seller
reserves the right, without prejudice to any claims for damage Seller may be entitled to decline, to make shipment, delivery, or perform any work until receipt of payment or
upon terms and conditions satisfactory with Seller.
3. Terms of Payment: Subject to the provision of Credit Approval above, payment shall be net thirty (30) unless otherwise noted.
4. Delivery: Seller shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond the Sellers control, including, without limitation, strikes,
lockouts, fires, embargos, war or other outbreak of hostilities, acts of God, inability to obtain shipping space, machinery breakdowns, delays of carriers or suppliers, and
government acts and regulations. Seller shall not be liable for consequential or incidental damages resulting from any delay in delivery. Buyer’s right to reject due to delay
in delivery is waived unless notice thereof is presented to Seller in writing within seven (7) days after delivery.
5. Title to Goods: Title to any goods priced at shipping point shall pass to the Buyer upon delivery at such shipping point; title to any goods priced at destination shall
pass to the Buyer upon delivery at the destination specified.
6. Warranty Disclaimer, Torchsaver Products only: The manufacturer’s warranty is limited to the product purchased only. The manufacturer warranties the Torchsaver
for 6 months from the date of purchase. The warranty covers defects in materials and workmanship. It does not cover abuse, misuse, ordinary wear and tear, or acts of
God. Incidental or consequential damages are not recoverable under these warranties. The manufacturer may repair or replace the Torchsaver at the manufacturer’s
option.
7. Acceptance of Terms & Condtions: BRW Technologies Terms and Conditions are posted on the website. By purchasing a product from BRW Technologies, it is
understood that the buyer accepts the terms and conditions here-in from BRW Technologies.
8. BRW Technologies Manufacturer’s Liability:
a. Limits of liability for products sold not manufactured by BRW Technologies
i. The Seller shall not be liable for any defects in workmanship for products that BRW Technologies sells and does not manufacture.
ii. The Seller is not responsible for the end use of the products that are sold and BRW Technologies is not responsible for the misuse of these products.
ii. Any products sold by the seller, not manufactured by the seller, are warranted by the manufacturers of those products and the seller assumes no liability for these
products.
b. Limts of Liability for Welding Fittings. BRW Technologies, the Seller, is not responsible for the end use of these fittings in any way and the buyer is responsible for
correctly connecting these fittings to their equipment. The seller is not liable for any lost production time, damaged manufacturing products, damaged equipment,
personal injuries, or other damage to plants or equipment due to the use of CGA fittings.
c. Limits of liablility for Torchsaver Systems:
i. This includes all items manufactured and sold under the Torchsaver name including, but not limited to, water flow switches, water flow switch systems, and water
filters.
ii. It is the Buyer’s responsibility to connect the Torchsaver to the equipment. Instructions are provided. The manufacture shall not be liable for any lost production
time, damaged manufacturing products, or damage to equipment.
iii. It is the Buyer’s responsibility to provide water or fluid that is free from gross particulates, rust, scale, dirt, sand, sludge, or other matter that may interfere with the
operation of the Torchsaver. Gross contamination of the fluid may damage the water flow sensor in the Torchsaver and will void any warranties.
iv. It is recommended that a water filter be used with the Torchsaver water flow switches units to protect the Torchsaver water flow switches from contamination. The
water flow switch will not be warrantied unless a water filter is installed before the Torchsaver water flow switch.
v. It is the responsibility of the Buyer to properly install the water filters, change or clean the filter at regular intervals or when dirt can be seen in the transparent sight
glass. It is the responsibility of the purchaser to connect the water filters correctly to the machines. If the water filters have been altered in any way, the seller is released
for any and all liability for that product and any warranties will be void.
vi. Any warranties will be voided if the filter is removed from the unit or the filter element is removed from the filter and the system operated with the filter element
removed.
vii. Buyers Remedies: If the material furnished to the Buyer is found to be defective or shall fail to conform to the contract, the Seller may, at his option, either replace
such defective or non-conforming material at the point where material was delivered, or refund the delivered price paid by the Buyer. The Buyer’s exclusive and sole
remedy on account of and in respect to the furnishing of material that is defective or that does not conform to the contract, or to any expressed or implied warranty, shall be
expressly limited to the replacement or refund of the delivered price provided for above. The Seller shall not in any event be liable to the Buyer or anyone else for the cost of
any labor expended on any such material or for any special, direct, indirect, incidental or consequential damage by reason of the fact that such material is defective, or
does not conform to the contract or to any expressed or implied warranty.
viii. Claims: Claims for damaged goods, shortages, or goods not in conformity with the order, must be made within seven (7) days after receipt of such goods. Any
other claims must be made promptly in writing after receiving such goods. If the Buyer has any claims with respect to the goods, the Buyer will permit the Seller a
reasonable opportunity to inspect the goods.
9. Inspections: Materials must be examined by the buyer immediately upon receipt to determine correctness of shipment quantity, size, and condition. Buyer must not
cut fabricate or otherwise use the materials without such examination. If upon receipt by the Buyer, the material appears not to conform to the order or be defective, then
the Buyer shall immediately notify the Seller of such condition and give the Seller a reasonable opportunity to inspect the material
10. Cancellation: Orders placed with Seller cannot be cancelled or countermanded without Seller’s consent. Orders for special and non-stock material cannot be
cancelled without the consent of the Seller’s supplier.
11. Cost and Attorney’s Fees: In the event the Buyer should default under any terms and conditions herein, Buyer agrees to pay all Seller’s cost and expenses as a
result of such breach, including reasonable attorney’s fees and court costs.
12. General: Determination that any provision of this agreement is illegal or invalid shall not affect the validity or enforceability of the other provisions or remaining part
of this agreement. The seller reserves the right to correct any obvious errors in specifications or price.
13. Entire Agreement: The Terms & Conditions of Sale set forth herein constitute the entire agreement between the Buyer and the Seller. No other terms, conditions,
or understandings, whether oral or written, shall be binding upon the Seller unless hereafter made in writing and signed by the Seller’s authorized representative.
14. The seller may, at any time, change the design or update any products without notice to the Buyer.
15. Internet security: BRW Technologies uses secure payment gateways and processes payments over the internet. BRW Technologies is not responsible for any
thefts of personal information that is out of the control of BRW Technologies and handled by the payment gateways.
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