Terms and Conditions
TERMS AND CONDITIONS OF SALE
Preamble
IMPORTANT! THESE TERMS AND CONDITIONS OF SALE GOVERN YOUR PURCHASE OF PRODUCTS FROM THIS SITE, WHICH IS PROVIDED BY BOGGS EQUIPMENT (“BOGGS”). BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE.
1. TERMS AND CONDITIONS ARE BINDING FOR ALL PURCHASES.
All orders are deemed offers by you to purchase our products. We may accept your offer by issuing a confirmation letter and/or shipping the products specified in your order. Our acceptance of each such offer is expressly subject to and conditioned on your assent to these terms and conditions of sale. No other terms or conditions will apply.
2. PRICES.
All prices posted on this site are subject to change without notice. Prices prevailing at commencement of shipment apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your invoice.
3. PAYMENT.
All payments must be received by us prior to shipping. We reserve the right to demand payment by wire transfer or cashier’s check.
4. SHIPPING AND HANDLING.
We will arrange for shipment of the products to you. Title and risk of loss and damage pass to you upon our transfer of the products to the carrier. You will pay all shipping and handling charges specified during the ordering process. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. RETURN OF PRODUCTS BY YOU.
We will accept a return of the products, provided such return is made within 14 days of shipment to you and provided such products are returned in their original condition in unopened original packaging. On shipment of the products we will provide a return authorization form that must accompany your return of the products to us. We reserve the right to reject product returns not in unopened original packaging or accept them subject to a restocking fee of 25% of the original sale price of that product.
6. CHANGES OR CANCELLATIONS.
Any item additions, quantity changes, or specification changes made to accepted orders will generate a new acknowledgment for the entire order and a new scheduled shipment date. All sales are final. We may without liability cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with your payment.
7. NO WARRANTIES.
BOGGS MAKES NO WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR OTHERWISE, WITH RESPECT TO ANY PRODUCT OR LABOR FURNISHED IN CONNECTION WITH THE SALE, DELIVERY OR SERVICING OF ANY PRODUCT. GOODS AND MATERIALS NOT MANUFACTURED BY BOGGS EQUIPMENT CARRY THE STANDARD GUARANTEE OF THE MANUFACTURER THEREOF, IF ANY, AND BOGGS EQUIPMENT SHALL NOT BE RESPONSIBLE FOR ANY DEFECTIVE PART THEREOF.
8. LIMIT OF BOGGS’ LIABILITY; CUSTOMER'S REMEDY. IN NO EVENT SHALL BOGGS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR INJURY TO PERSON OR PROPERTY, LOST PROFITS OR REVENUE, LOST SALES OR LOSS OF USE OF ANY PRODUCT. BUYER'S SOLE AND EXCLUSIVE REMEDY AGAINST BOGGS AND ITS DISTRIBUTORS OR SALES REPRESENTATIVES SHALL BE THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS AS PROVIDED HEREIN. BOGGS’ LIABILITY ON ANY CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH BUYER'S ORDER, SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE ORDER.
9. DESCRIPTIONS, ACCURACY.
Specifications and descriptions are estimates but are not guaranteed and are subject to change without notice.
10. SUBSTITUTIONS.
We reserve the right to furnish materially equivalent substitutes for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order.
11. NON-WAIVER.
Failure by Boggs to enforce any rights under or to insist upon strict performance of any provision in the Agreement shall not constitute a waiver of any breach or a waiver of such provision, irrespective of the length of time for which such failure continues.
12. FORCE MAJEURE.
We shall not be in default if our performance is delayed or rendered impossible by acts of God, war, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, or any other cause beyond our reasonable control. We may revise or modify products, product information, or pricing without notice. We are not responsible for typographic, facsimile, or printing errors. We are an independent contractor.
13. CHOICE OF LAW.
These Terms and Conditions of Sale will be governed and interpreted pursuant to the laws of Ohio, United States of America, notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in Ohio in connection with any dispute between you and Boggs arising out of these Terms and Conditions of Sale or pertaining to the subject matter hereof. The parties to these Terms and Conditions of Sale each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Sale or pertaining to the subject matter of these Terms and Conditions of Sale will be in the state and federal courts in Cleveland, Ohio.
14. INTEGRATION.
If any part of these Terms and Conditions of Sale is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Sale constitute the entire agreement among the parties relating to this subject matter.
15. CONFLICTS.
To the extent a proposal, purchase order, confirmation letter, or the like is inconsistent with these Terms and Conditions of Sale, unless expressly agreed in writing otherwise, these Terms and Conditions of Sale will govern.
Last updated:9-10-2020