Payment: Unless otherwise indicated
custom equipment, prototypes, or orders that total more than $50,000.00 shall require a 40% down
payment and is due upon acceptance of the order by BH, Inc. For jobs that require installation or
supervision by BH, Inc. factory technicians, a 40% progress payment is due upon delivery. The balance
of all orders is due NET 30 upon receipt of final invoice. VISA/MC accepted
Payment Terms: Payment terms are NET 30 days and products will be invoiced
when ready to ship.
Finance Charges: 1.5%/month finance charge due on unpaid balance over 30 days.
All warranties are voided during period of overdue balance, including all applied finance
charges.
Freight: Unless otherwise stated, shipping, crating, and handling charges will be
pre-paid and added to the final invoice. Quoted freight estimates are based on our best knowledge at
the time of quote. Surcharges imposed by carrier will be applied to final invoice. International
shipments will be packaged by a freight forwarder for shipment and the charges will be added to the
final invoice. Transfer of title occurs at the BH, Inc. dock and the buyer assumes all risk of loss
when products are placed in transit.
Delivery: Placement in transit by Seller constitutes delivery and transfer of title
and possession to the Buyer. All deliveries should be inspected immediately upon receipt and claims for
loss or damage should be promptly presented to the carrier by the Customer.
Delays: BH, Inc. will make every effort to deliver equipment in a timely
fashion, however BH, Inc. is not responsible for costs incurred by the buyer or any related parties as a
result of delays and Buyer waives any such claims. Storage and handling fees will be applied for
equipment deliveries that are delayed by the Buyer. All payments will be due in accordance with the
agreed upon schedule dates
determined at the beginning of the project, regardless of any Buyer delays (such as delayed changes in
original scheduled dates) that impact the accomplishment of associated milestones.
Sales Taxes: Applicable sales taxes are the responsibility of the Buyer and Buyer
indemnifies BH, Inc. for any claims related to any applicable taxes.
Changes: Any changes to the work identified by the original agreement shall be
stated in writing and shall be added to or deducted from the Price. Unless otherwise stated, the value
of the work to be changed, added, or omitted shall be determined using the published rate schedule
below and Buyer agrees to pay as follows:
Commodity Price Escalations: Our quotes include the latest and most up to date
pricing from our suppliers. If, during the time between our acceptance of your order and the delivery
of your products, including any extensions, the price of stainless steel or other commodities increases
5% or more; or our supplier adds a surcharge to our purchase, we have no choice but to pass on
these additional charges as they are passed onto us. Buyer agrees to pay these additional charges, if
incurred, upon acceptance of this quote of acknowledgement.
Applicable Law & Venue: The invoice and the transaction to which it pertains shall
be interpreted in accordance with the laws of the State of Wyoming, without regard to the principles
and applications of choice of law provisions. In event that any dispute should arise between BH, Inc. and Buyer pertaining to the Invoice and the transaction to which it pertains, Buyer agrees and
consents to having exclusive jurisdiction over it and the subject matter of the transaction established
in the courts of Platte County, State of Wyoming.
Indemnification: Buyer shall indemnify and hold BH, Inc. harmless against any
and all loss or damage to person or property and all liability and claims brought as a result of the
provision of products or services hereunder not occasioned by BH, Inc.’s willful or wanton
misconduct.
Conflicting Provisions: In the event that the terms and conditions of BH, Inc.
conflict with those of the buyer, the terms of BH, Inc. shall take precedence.
Proprietary Interests: Buyer agrees not to utilize any patented technology,
trademark, or proprietary information provided to it by BH, Inc. including any drawings, product
design, materials, or other information that could be utilized contrary to BH, Inc.’s competitive
interests.
Custom Work: In the event of a cancellation of an order, Buyer agrees, in addition
to recovery by BH, Inc. of any other amounts due and owing, that Buyer shall forfeit any deposits
made. Work done in excess of the amount of the deposit will be billed at published rates and Buyer
agrees to pay all such amounts as invoiced.
Attorneys Fees: To the fullest extent allowed by law, Buyer shall pay BH, Inc.
all costs and expenses, including attorney fees incurred by BH, Inc. in exercising any of BH, Inc.’s rights or remedies or enforcing any of these terms and conditions.
Limited Replacement Warranty: Except as stated for electronic components, the
equipment offered will be free of defects in material and workmanship for a period one (1) year from
the date of shipment from the factory and material and workmanship shall be the full extent of any
warranty limited to the replacement by BH, Inc. of the defective product. Electronic components will
be warranted for 90 days from d ate of shipment limited to replacement by Britz & Co. Warranties will
not apply if it is determined by BH, Inc. that the equipment became defective due to an accident,
misuse, abuse or alteration. (Failure to comply with owner’s manuals and/or care and cleaning guides
will constitute misuse.) Warranties will not include: freight charges for replacements or repairs;
transportation; lodging; and/or per diem charges that total in excess of $800. Shipments to
international destinations are warranted to the US departure port, unless buyer opts to not use freight
forwarders packing services, in which case all warranty is voided. THE WARRANTY PRINTED ABOVE IS THE
ONLY WARRANTY APPLICABLE TO THE BUYER’S PURCHASE(S). ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSE ARE EXPRESSLY DISCLAIMED AND BUYER SO AGREES. IT IS UNDERSTOOD THAT BH, INC.’S LIABILITY,
WHETHER IN CONTRACT, IN PART, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE
REPLACEMENT OF THE PRODUCT AND IN NO EVENT SHALL BH, INC. BE LIABLE FOR SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PURCHASE HEREIN SHALL BE DEEMED ADEQUATE CONSIDERATION
IN LIMITING BH, INC.’S LIABILITY. LIMITATIONS PERIOD: NO ACTION, REGARDLESS OF FORM, ARISING OUT OF
THIS TRANSACTION OR THE PROVISION OF SERVICES OR GOODS, MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE
CAUSE OF ACTION HAS OCCURED.
This limited replacement warranty shall be enforced to the fullest extent permitted by law.
Returns: No products will be accepted for return without a return authorization
number. Accepted returns are subjected to a 25% restocking fee. Returns must be requested within
ten days of delivery. Custom product is not eligible for return. Custom product shall be any product
for which design work has been performed.
No BH, Inc. employee is authorized to alter these terms and conditions. Any exceptions must be
signed by an authorized officer of BH, Inc. Any unauthorized exceptions void all warranties.
BH, Inc. Partner Items Warranty and Returns: Are the manufacturers’ responsibility and deposition of claims will be according to their policy and approval. We will assist wherever possible in adjustments or warranties.
Acceptance of these terms is evidenced by the placement of order with BH, Inc.