TERMS AND CONDITIONS 130 All sales by Brennan Equipment & Manufacturing, Inc. (“Brennan”) are made subject to the following terms and conditions. Brennan expressly rejects any different or additional terms or conditions contained in any documents submitted by the Buyer. Brennan’s provision of credit, acceptance of any purchase order and/or sale of any goods are expressly made conditional on Buyer’s assent to these terms and conditions. All orders by Buyer may be accepted only upon issuance of Brennan’s sales order acknowledgement. Except as otherwise agreed in writing signed by Buyer and Brennan, the applicable Brennan sales order acknowledgement – together with these terms and conditions – constitute the entire agreement between Brennan and Buyer relating to the sale of such goods by Brennan. Terms or conditions contained in any document issued by Buyer that in any manner purport to alter, modify, change, suspend, or add to any term or condition contained herein shall be deemed excluded from such Buyer document and waived by Buyer. Brennan and Buyer expressly agree that Brennan may modify these terms and conditions from time to time, and such modifications shall be binding upon Buyer. PURCHASE PRICE: The purchase price of goods shall be as stated on the face of the Brennan sales order acknowledgement provided. However, if Brennan announces a general price increase, the purchase price shall be revised to include such price increase. Brennan may in its sole discretion increase its selling price predicated upon increases in the cost of raw materials, energy or freight costs. TERMS: Net 30 Days from date of invoice. All orders are subject to credit approval. Please submit credit application, 3 trade references, completed W-9, and resale certificate for open account consideration. Credit Card payments are subject to a 3% surcharge. All monies to be rendered in US dollars. PAST DUE ACCOUNTS: In the event Buyer fails to make payment within terms to Brennan of any amounts due, including any applicable taxes or freight charge, Brennan shall have the right to terminate any Buyer order or any unfulfilled portion thereof, and Brennan may terminate any other agreement between Brennan and Buyer. A Finance Charge of 1.5% per month (18% ANNUAL RATE) may be charged to all past due amounts. Brennan shall have the right to employ a collections agency to collect the balance due, and Buyer agrees to pay all collection costs incurred by Brennan, including its reasonable attorneys’ fees. TAXES: All taxes or other charges levied by any federal, state, municipal or other governmental authority that is required to be collected or paid with respect to the production, sale, or shipment of goods sold to Buyer shall be the responsibility of Buyer. Buyer agrees to pay all such taxes or other charges and further agrees to reimburse Brennan for any such payments made by Brennan. RETURNS: All returns must be authorized in advance by Brennan. Please call Customer Service for a Returned Goods Authorization (“RGA”) number. Custom products cannot be accepted for return. Standard products and colors without options in quantities of 6 or less, within 30 days of shipment date may be returned. Returns must be shipped freight prepaid and have a valid RGA number. All returns are subject to a damage inspection and a 35% refurbishing charge ($100 minimum). ORDER CANCELLATIONS & CHANGES: For standard items in quantities of 6 units or less, cancellation charges may apply. If cancellation is received before production is scheduled, a flat rate of a $40.00 cancellation charge may be applied. Once production has begun, we are unable to cancel or change any order. Quantity orders of more than 6 units and custom items are accepted on a noncancelable and nonreturnable basis. SHIPPING & FREIGHT: FOB Origin University Park, IL 60484 - Freight Collect or 3rd Party Billing - Risk of loss or damage shall be borne by the Buyer and all claims must be filed directly with carrier. PREPAY & ADD FREIGHT PROGRAM: Order can be shipped prepaid and our discounted freight charges added to your invoice. Freight rate is guaranteed at time of order. We file any damage claims provided shipment is refused or damage noted upon receipt. DROP SHIPMENTS: No additional charge. SPECIFICATIONS: If any dimension or specification is critical, it should be verified at time of order placement. CAPACITIES: All capacities are based on Uniformly Distributed Loads (UDL). Do not exceed load capacities. WARRANTY: Any product that has been subjected to normal use for which it is intended and is shown to be defective within one (1) year from date of purchase will be repaired or replaced at Brennan’s option, provided such defect is reported promptly to the manufacturer. Authorization is required prior to returning. SUBSTITUTIONS: Brennan reserves the right to substitute the latest superseding design and manufactured equivalent equipment, where interchange ability does not materially affect form, fit or function. PACKAGING: ALL PRICES QUOTED include standard domestic packaging. An extra charge will apply whenever special packaging requirements are specified; either for domestic, export, or U.S. Government sealed packing, based on the extra cost incurred to fulfill these requirements. CALIFORNIA PROPOSITION 65: WARNING: This product can expose you to chemicals, including nickel, which are known to the State of California to cause cancer and reproductive harm. For more information – www.P65Warnings.ca.gov.
