1. In the interest of maintaining the highest standards of quality and performance, BRECOflex CO., L.L.C., reserves the right to make changes in the technical and dimensional specifications of its products without prior notice. Responsibility for expenses incurred as a result of product changes or discontinuance of a product lies solely with the purchaser.
2. We reserve the right to make over or under shipments of up to 10% of the ordered quantity.
3. Price in effect at time of shipment shall prevail.
4. Routing of shipments will be made at the discretion of our Traffic Department unless otherwise specified on the face of your order.
5. Sales are made F.O.B. our plant, Eatontown, New Jersey, and title to the goods passes to you upon delivery of the goods to the carrier. Our responsibility ceases upon issuance of a Bill of Lading or delivery to the transportation company. We have no responsibility for goods in transit. All goods are delivered to and accepted by the carrier in good condition. You as the owner of the shipped goods, for your protection, should inspect at the time of delivery and have all damages noted on the Bill of Lading or Delivery Receipt. Written notice of any loss or change should immediately be given by you to us and the delivering carrier and arrangements made directly with that carrier for inspection of the damaged goods.
6. All claims arising by reason of the sale of the goods invoiced here under must be made to us in writing no later than ten (10) days from the date of delivery of the goods to you.
7. Your order, having been accepted, CANNOT BE CANCELLED without our written consent.
8. We will not accept for exchange or credit goods returned without our prior written consent, and our only obligation upon an authorized return shall be to issue a credit memo for the price of goods or to replace our product if proved to be defective with a like quantity. All authorized returns shall be freight prepaid, via the cheapest way.
9. Transportation charges on all authorized returned goods must be prepaid. Goods accepted for credit or exchange are subject to a $50 charge and a rehandling charge of up to 50% of the value of the authorized returned merchandise.
10. We shall not, under any circumstances, be liable for any loss or damage, direct or consequential, arising out of the use of, or the inability to use, our goods for the purposes intended or for late delivery.
11. Failure to perform or delay in performance here under shall be excused for acts of God, acts of the Government, fire, floods, accidents, differences with workmen, sabotage, riots, weather conditions, inability to procure parts from usual sources of supply, or other factors beyond our reasonable control.
12. We do not guarantee specific dates of delivery.
13. In the event that the invoiced goods are subject to any Federal, State, Municipal, or other sales or use taxes now or hereafter enacted, the amounts of any such sales or use or other taxes shall be added to the purchase price and be payable by the purchaser.
14. We reserve the right to refuse making shipment in the event we deem your credit standing to be unsatisfactory at that time.
15. All amounts over 30 days are subject to a 1½ % monthly service charge.
16. If the document is not correct in every detail, advise us in writing at once, referring to our order number.
Limited Warranty And Disclaimer
17. BRECOflex CO., L.L.C., is a manufacturer and seller of finished drive components used in diverse machinery and equipment. Its line of products includes timing belts and woven endless flat belts, metal pulleys, and accessories. It does not make, nor does it sell, any goods used as end products. BRECOflex CO., L.L.C., shall not be liable for any loss, damage, cost of repair, nor incidental or consequential damage related to any defects in the manufacture or design of any third-party equipment or systems. Additionally, designs and application variations by the goods manufacturer often result in operating characteristics that are different from the original design purpose. The software provided on the company’s home page is based on standard catalog specifications. For non-standard products, contact BRECOflex CO., L.L.C. As a result, BRECOflex CO., L.L.C., shall not be liable for loss, damage, cost of repair, nor incidental or consequential damage related to any defects in the manufacture or design of any third-party product or system.
BRECOflex CO., L.L.C., makes no warranty of any kind whatsoever, expressed or implied, with respect to the products to be provided here under, and all implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed by BRECOflex CO., L.L.C., and excluded from this agreement.
(a) BRECOflex CO., L.L.C., warrants its products against defects in material and workmanship for a period of one year from the date of delivery. We shall repair or replace, at our discretion, products returned to us within the warranty period with shipping charges prepaid and which are found to be defective upon our examination. Products subjected to misuse, negligence, accidental damage, or unauthorized tampering will not be honored.
(b) BRECOflex CO., L.L.C., shall only be liable for direct actual damages incurred by the customer as a result of BRECOflex CO., L.L.C.,’s breach of this agreement, and in any event the maximum liability of BRECOflex CO., L.L.C., shall be the cost of the products actually paid by the Company. In no event shall BRECOflex CO., L.L.C., be responsible for incidental or consequential damages, or lost profits arising out of this Agreement. The maximum liability of BRECOflex CO., L.L.C., shall be limited to the actual price paid by the Company for the product, which maximum liability shall relate to all claims or suits brought against either party in connection with this Agreement.
(c) By the Company’s acceptance of this Agreement, it agrees not to use BRECOflex CO., L.L.C.,’s products or software in such a way that the application of such results in an incorrect selection, which could cause injury to a person or loss of or damage to property. The Company agrees to conduct its own tests regarding the application of BRECOflex CO., L.L.C.,’s products and shall use completely independent testing systems. The Company agrees that it is responsible for independently determining that all information provided by BRECOflex CO., L.L.C., in its publications is accurate and applicable for its intended use.
18. Indemnification.
The Company agrees to indemnify and hold BRECOflex CO., L.L.C., and its subsidiaries, affiliates, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related in any way to the Company’s use of the products, the results obtained, the choice of products, and Company’s violations of the terms of this Agreement.
All recommendations for the use of our products described herein and all other data or information set forth in this publication, whether concerning such products or otherwise, are furnished without any guarantee, warranty, representations, or inducement of any kind whether expressed or implied, including, but not limited to, limited warranties of merchantability or fitness for a particular purpose. BRECOflex CO., L.L.C., expressly disclaims liability under any theory, including without limitation, contract negligence, misrepresentation, or breach of any obligation relating to the recommendation, data, or information set forth herein. Readers and customers are encouraged to conduct their own test before using any product. Read its label and all related instructions.
