The Brewer Company
GENERAL TERMS AND CONDITIONS
Warranty:
The Brewer Company warrants its products to be free from defects in parts and workmanship under normal use and service for a period of five (5) years from date of shipment. The Brewer Company warrants its Assist Power Procedure Table, Access High-Low Exam Table, and Basic Exam Table to be free from defects in parts and workmanship under normal use and service for a period of three (3) years from date of shipment. The Brewer Company warrants its Access Exam Table to be free from defects in parts and workmanship under normal use and service for a period of five (5) years from date of shipment. The Brewer Company warrants its lighting products to be free from defects in parts and workmanship under normal use and service for a period of one (1) year from date of shipment.
The Brewer Company will not be responsible for any Product failure due to abuse, misuse, modification or improper use or for any use which exceeds the published capacity of the Product. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF THE BREWER COMPANY HAS ANY AUTHORITY TO MAKE ANY AFFIRMATION, REPRESENTATION, OR WARRANTY NOT SET FORTH IN THESE TERMS AND CONDITIONS CONCERNING ANY PRODUCTS OF THE BREWER COMPANY. THE BREWER COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR DAMAGES CAUSED BY TRANSPORTATION, ACCIDENTS, FIRE, UNAUTHORIZED ALTERATION, OR NORMAL WEAR OR ABUSE, NOR SHALL THE BREWER COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, including without limitation, lost profits or any such damages arising from (a) the design, manufacture, sale, delivery, installation, repair, operation or use of products of The Brewer Company or any part there of, (b) any actual or alleged failure or defect in products of The Brewer company or any part thereof, or (c ) any actual or alleged breach or non-performance by The Brewer Company of this limited warranty.
Freight Policy:
All prices are F.O.B. Menomonee Falls, title and all risk of loss shall pass to the customer upon delivery of the products ordered to the carrier for shipment. Drop ship orders may be subject to a shipping and handling charge.
Prices:
Prices shall be as quoted on the price list of The Brewer Company. All prices are subject to change without notice. The price for all sales shall be the price in effect at time of shipment. All prices are exclusive of taxes and charges for freight and insurance which shall be the sole obligation of the customer. Emergency or rush orders are subject to added handling and transportation charges.
Payment Terms:
Payment terms are net 30 days from the date of invoice. The Brewer Company (I) may suspend shipments if payment of any customer invoice is not paid when due or if The Brewer Company otherwise deems itself insecure and (II) shall be entitled to receive all expenses of collection (including attorneys’ fees) related to any action initiated to collect past-due amounts.
Freight Claims:
Upon receipt, merchandise should be carefully examined to ascertain that proper amount has been received in good condition. Any claim for shortage or damage must be made with delivering carrier within five (5) days from receipt of goods. We do not assume any responsibility for loss or damage in transit, and compensation for such loss must be obtained from the carrier.
Rebates/Tracings etc.:
Payment of any incentive, rebate, fee, or other bonus due a customer under any program provided by The Brewer Company shall be net of any unauthorized miscellaneous deductions and service charges. A customer shall forfeit any such payment if amounts owed by such customer to The Brewer Company or any affiliate of the Brewer Company are outstanding for more than 30 days on the day that payment of the incentive, rebate, fee, or bonus is due. Tracings to be provided to The Brewer Company free of charge in acceptable format.
Discrepancy:
Any order discrepancy must be reported within 10 days of the invoice date and any price discrepancy must be reported within 30 days of the invoice date; otherwise, The Brewer Company shall have no obligation to issue any credit or replace any goods with respect to the order.
Improvement; Price List Not an Offer:
The Brewer Company reserves the right to improve or modify the design of its products consistent with new methods and techniques. The possession of this price list does not constitute an offer of sale.
Cancellation; Modifications:
Orders cannot be canceled or modified, nor can delivery schedules be changed, without the written consent of The Brewer Company upon such terms which will indemnify it against any loss therefrom.
Return Goods Policy:
Products must not be returned without proper written authorization from The Brewer Company. Requests for authorization must be in writing. Return goods shipments must be made PREPAID to The Brewer Company. Unauthorized returns will be refused, and The Brewer Company will not be responsible for any resulting charges. All requests for authorization must include: (1) the reason for requested return, (2) the original purchase order, (3) The Brewer Company item number, and (4) the quantities of merchandise to be returned.
RETURNED GOODS CREDIT SCHEDULE
Reason for Return Allowable Credit
1) Error in processing by The Brewer Company 100%
2) Upholstered, custom and/or special products. (Non Standard Colors) NO CREDIT
3) Upholstered products (Seating & Tables in Standard Colors) 75%
4) Goods less than six months old, allowable credit minus actual
cost for restoration of product to saleable condition. 75%
5) Merchandise returned after six (6) months from date of shipment. NO CREDIT
6) Merchandise returned unsuitable for resale because soiled, damaged,
discontinued, etc. NO CREDIT
The Brewer Company
Terms & Conditions Form # 1003A
Effective January 1st –December 31st 2007 Rev10_06