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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright: The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of BRW Technologies, LLC. The collective work includes works that are licensed to BRW Technologies, LLC. Copyright 2016, BRW Technologies, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BRW Technologies, LLC or purchasing BRW Technologies, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with BRW Technologies, LLC or to purchase BRW Technologies, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by BRW Technologies, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks: All trademarks, service marks and trade names of BRW Technologies, LLC, the BRW Technologies logo, the term “Torchsaver”, or any other statements used in the site are trademarks or registered trademarks of BRW Technologies, LLC.

Termination: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by BRW Technologies, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice: BRW Technologies, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BRW Technologies, LLC.

Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of South Carolina, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BRW Technologies, LLC products) shall be in the state or federal courts located in Greenwood County, South Carolina. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BRW Technologies, LLC products) must be commenced within one (1) year after the claim or cause of action arises. BRW Technologies, LLC failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BRW Technologies, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site: Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BRW Technologies, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer: BRW Technologies, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BRW Technologies, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, BRW Technologies, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BRW Technologies, LLC in its sole discretion.

Indemnification: You agree to indemnify, defend, and hold harmless BRW Technologies, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. 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.

Third-Party Links: In an attempt to provide increased value to our visitors, BRW Technologies, LLC may link to sites operated by third parties. However, even if the third party is affiliated with BRW Technologies, LLC, BRW Technologies, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of BRW Technologies, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BRW Technologies, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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.

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.

Terms of  Payment:  Payment is due before items are shipped, unless otherwise noted.  Payment terms may be extended, Subject to the provision of  Credit Approval above.  

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.

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.

Warranty Disclaimer: This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BRW Technologies, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BRW Technologies, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BRW Technologies, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Torchsaver Products warranties: 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.  This warranty does not extend to any other equipment.  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.

Limitation of Liability: BRW Technologies, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if BRW Technologies, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a BRW Technologies, LLC product is mistakenly listed at an incorrect price, BRW Technologies, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BRW Technologies, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BRW Technologies, LLC shall issue a credit to your credit card account in the amount of the incorrect price. The Seller shall not be liable for any defects in workmanship for products that BRW Technologies, LLC sells and does not manufacture. The Seller is not responsible for the end use of the products that are sold and BRW Technologies, LLC is not responsible for the misuse of these products.  In the case of CGA welding fittings, 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. 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. 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 warranted unless a water filter is installed before the Torchsaver water flow switch.  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.  Any warranties will be voided if the filter is removed from the unit or the filter element is removed from the filter.

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.

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.

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

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.

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.

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.

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.  

The seller may, at any time, change the design or update any products without notice to the Buyer.