Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products through http://www.topbrass-inc.com (referred to as the “site”). By placing an order for such products, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site. These terms and conditions are subject to change by Top Brass, Inc. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product that are available through this site.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Tax
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept Visa, MasterCard, Discover, & American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Purchase orders from businesses may be accepted upon approval of credit and payable on net 30 day payment based on invoice dates or such other terms as we may approve or require. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our site. All pricing for the products available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Shipping Policy
We use UPS Ground, or any designated carrier of choice, for shipping in the lower 48 States and orders to Alaska and Hawaii are shipped via USPS Flat Rate. Shipments outside of the United States will be shipped based upon our designated carrier or your designated carrier, if we agree to use your carrier. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. These shipping terms are accepted by you by placing an order with us.
5. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products available on our site is limited to the procedures described in our return policy set forth below. We warrant that the products covered by this agreement shall conform to the commercial grade of products as advertised in company catalogs, website information or other company product information provided, as presented by us and/or agreed to in writing by us hereunder.
IN ALL OTHER RESPECTS PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL TOP BRASS INC. OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, DIRECTORS OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF TOP BRASS INC. IS AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
6. Release, Indemnification and Liability of Buyer
Buyer hereby releases and agrees to indemnify and defend us from and against any losses, damages, demands, claims, injuries and liabilities of any kind, including the violation of environmental laws, that may arise in connection with the purchase, movement, handling or eventual disposition of the product(s). Buyer warrants that it is in substantial compliance with the substantive provisions of any and all applicable Federal, State and local environmental laws or regulations and any related compliance orders (including any decrees issued pursuant thereto) which are applicable to its operations. Liability for all taxes, excises or other charges imposed by any local, state, or federal authority which have to do with or affect the product herein ordered, shall by assumed and paid by the buyer. Buyer further agrees to indemnify us and hold us harmless against any and all such liabilities for taxes as well as any legal fees or costs incurred by us in connection herewith.
7. Buyer Representations
Buyer hereby states that Buyer is currently over the age of twenty-one (21), that no laws are being broken by any sales from Seller to Buyer, that Buyer is not currently prevented under the law from owning firearms or ammunition, that Buyer is not a fugitive from justice, that Buyer is not an unlawful user or addicted to any controlled substances, Buyer has not been adjudicated as a mental defective nor has been committed to any mental institution, Buyer is not an illegal or unlawful alien, Buyer has never been and is not expected to be dishonorably discharged from the Armed Forces, Buyer has not renounced his/her U.S. Citizenship, Buyer is not currently the subject to a restraining order of any kind, and Buyer has not and does not expect to be convicted in any court of a misdemeanor crime of domestic violence.
8. Return Policy
Buyer is responsible for verifying the description, condition, count and/or weight of the product(s) unless otherwise agreed between the parties in writing. Time is of the essence. Any claim of nonconformity, including weight shortage, with respect to the product or its shipment or delivery, is waived unless made in writing by buyer to us specifically stating the details of such nonconformity within a reasonable time not exceeding forty-eight (48) hours after buyer receives the product(s). We shall be given an opportunity to confirm through a representative’s inspection, the validity of the complaint of the buyer. If in our opinion, after such inspection, the complaint of the buyer is valid, or if we elect not to inspect, we thereupon have the right to either replace such product within a reasonable time with another product meeting the agreed specifications, or to cancel the sale. We shall, in either event, thereupon have the right to require the return of the original shipment, at our cost.
9. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
10. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. Failure of Top Brass Inc. to require buyer’s performance of any obligations hereunder shall in no way affect its rights to require such performance at any time thereafter or alter its rights under the laws of the United States of America and the laws of the State of Colorado.
The invalidity or unenforceability of any term or condition of this agreement shall not affect the validity and enforceability of the remainder of this agreement, or any of its other terms, and such other terms shall be construed as though such invalid or unenforceable term was not included herein.
12. Governing Law
This site is controlled by us from our office within the State of Colorado, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this site both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of Chaffee County, Colorado. The prevailing party in any suit brought hereunder shall be entitled to recover its reasonable attorneys’ fees and costs.