Warranty
Coverage will be for 1 year. Claims must be made during the Warranty Period. This Agreement is not renewable. The warranty becomes null and void if complete payment is not made within the terms specified under Terms of Payment.
BRG Precision Products, Inc. warrants the Product against defects in workmanship and materials during the Coverage Period.
BRG Precision Products, Inc. will, at its option, repair or replace the defective Product free of charge, provided that you notify BRG Precision Products, Inc. of the Product defect within the Coverage Period, and provided that BRG Precision Products, Inc. through inspection establishes the existence of such a defect and that it is covered by this Agreement. BRG Precision Products, Inc. will, at its option, use new and/or reconditioned parts in performing warranty repair and building replacement products. BRG Precision Products, Inc. reserves the right to use parts or products of original or improved design in the repair or replacement. If BRG Precision Products, Inc. repairs or replaces a Product, its warranty continues for the remaining portion of the Coverage Period or 90 days from the date of the return shipment to the Customer, whichever is greater. All replaced Products and all parts removed from repaired Products become the property of BRG Precision Products, Inc. BRG Precision Products, Inc. covers both parts and labor necessary to repair the Product, and return shipment to the Customer via a BRG Precision Products, Inc.-selected non-expedited surface freight within the contiguous United States and Canada. Alaska and Hawaii return shipments to the Customer are via a non-expedited air freight.
This Agreement does not cover costs related to the removal, installation, or field troubleshooting of the Product under the
terms of the Agreement if, and not limited to:
a) the Product has been misused, neglected, improperly installed, physically damaged or altered, either internally or
externally, or damaged from improper use or use in an unsuitable environment;
b) the Product has been subjected to fire, splashed water (unless specifically ordered to be water resistant), submersion into any
liquid, generalized corrosion, biological infestations, or high input voltage including lighting strikes and generators operating
outside the limits of their Product specifications;
c) repairs have been done to it other than by BRG Precision Products, Inc. or its authorized service centers, or as assigned by
BRG Precision Products;
d) the Product is used as a component part of a Product expressly warranted by another manufacturer;
e) the Product's original identification (trade-mark, serial number) markings have been defaced, altered, or removed;
f) the Product is located outside of the United States or Canada;
g) the customer has misrepresented the Product information provided to BRG Precision Products, Inc. in order to receive coverage
under the terms of this Agreement. This Agreement does not warrant uninterrupted or error-free operation of the Product;
h) Product malfunction or damage resulting from electromagnetic or solar radiation;
i) Shipping charges to the factory more than 30 days after first receiving the product;
j) Undesirable operation resulting from changes to public law after the product was purchased, such as changing the dates for daylight saving time;
k) Normal wear and tear relating to the non-operating functions of the equipment such as discoloration from direct sunlight, heat, etc.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN THE EXPRESS WARRANTY SET FORTH IN THIS AGREEMENT, BRG PRECISION PRODUCTS, INC. MAKES NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES, WHETHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES, EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD. IN NO EVENT WILL BRG PRECISION PRODUCTS, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES HOWEVER ARISING WHETHER IN CONTRACT OR TORT INCLUDING WITHOUT RESTRICTION ANY ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, ANY PERSONAL INJURY, ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF MISUSE OR ABUSE, OR THE INCORRECT INSTALLATION, INTEGRATION OR OPERATION OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. BRG Precision Products, Inc. neither assumes nor authorizes any other person to assume for it any other liability in connection with the repair or replacement of the Product.
Claims are limited to repair or replacement, or if in BRG Precision Products, Inc.'s discretion that is not possible to reimbursement up to the purchase price paid for the Product. In no event will BRG Precision Products, Inc.'s liability under this Agreement exceed the purchase price paid for the Product.
You may cancel this Agreement by providing to BRG Precision Products, Inc. written notice of your wish to cancel.
This Agreement is not a contract of insurance.
No amendment, supplement, consent or waiver, express or implied, to or of any provision of this Agreement will be effective unless in writing signed by the parties hereto and then only in the specific instance and for the specific purpose given.
The Customer may assign or transfer this Agreement provided BRG Precision Products, Inc. is advised by the Customer in writing of such assignment and the new system owner's information.
This Agreement will be governed by and interpreted exclusively in accordance with the laws of the State of Kansas, without reference to provisions concerning conflicts of laws. The provisions of the United Nations Convention on Contracts for the Sale of Goods are hereby excluded.
Any controversy or claim arising out of or relating to this Agreement, or the breach of it, shall be settled by arbitration in accordance with the relevant rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Wichita, Kansas, United States of America. There shall be one arbitrator.
If any provision of this Agreement is found by any court or arbitrator to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected thereby.
This Agreement constitutes the entire contract between the parties concerning the subject matter of this Agreement and supersedes all marketing brochures and other expectations, understandings, communications, representations and agreements, whether verbal or written, between the parties. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Privacy
Effective January 1, 2007
Table Of Contents:
Our Commitment To Privacy
The Information We Collect
How We Use Information
Our Commitment To Data Security
Our Commitment To Children's Privacy
How To Correct Your Information
How To Contact Us
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
This notice applies to all information collected or submitted on the BRG Precision Products website. On some pages, make requests, and register to receive materials. The types of personal information collected at these pages are:
Name
Address
Email address
Phone number
(etc.)
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Correct Your Information
You can correct factual errors in your personally identifiable information by sending an eamil request to sales@brgproducts.com that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Should you have other questions or concerns about these privacy policies, please call us at 316-788-2000 or send us an email at sales@brgproducts.com.
