Brooks Equipment Limited Warranty

LIMITED WARRANTY
All products sold are warranted by Brooks only to Purchaser's for resale or for use in business or original equipment manufacture, against defects in workmanship or materials under normal use for one year after date of purchase from Brooks, unless otherwise stated. Any part which is determined by Brooks to be defective in material or workmanship and returned to a Brooks branch or authorized service location, as Brooks designates, shipping costs prepaid, will be, as the exclusive remedy, repaired or replaced, at Brooks' option.

WARRANTY DISCLAIMER
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESSED OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY BROOKS. BROOKS DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. BROOKS' LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

PROMPT DISPOSITION
Brooks will make a good faith effort for prompt correction or other adjustment with respect to any product which proves to be defective within warranty period. Before returning any product, write or call Brooks Corporate Headquarters, giving date, original invoice number, and describing the defect. Title and risk of loss pass to Purchaser on delivery to the common carrier.

AVAILABILITY
Availability information accessed pursuant to this site is based on end of day inventory of the previous business day. Availability is subject to change at any time. Brooks makes no representations or warranties regarding the accuracy of this data.

PRODUCT SUITABILITY
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Brooks attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, and be sure that the product, installation, and use will comply with them.

NO WARRANTIES TO CONSUMERS
Brooks makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

MANUFACTURERS' WARRANTIES & SALES LITERATURE
Most of the products supplied to Brooks are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. As a service, Brooks will obtain copies of consumer warranties from the warrantor and will furnish them free of charge to Purchaser's who request them. Address requests to: Brooks Equipment Co., Inc., Attn: Sales Support, P.O. Box 481888, Charlotte, NC 28269 USA. Requests must include the manufacturer's model number of each product for which a copy of the warranty is requested. Brooks may also furnish sales brochures and other literature of the manufacturer. Brooks assumes no responsibility for the content of such warranties or sales literature by performing this service.

ADDITIONAL TERMS

FORCE MAJEURE
Brooks shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Brooks in the conduct of its business.

CANCELLATION
Any cancellation must be approved by Brooks, and may be subject to restocking and other charges.

SECURITY INTEREST
On any sales on open account, Purchaser hereby grants to Brooks a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Brooks. Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform Brooks immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

ASSIGNMENT
Purchaser shall not assign any order or any interest therein without the written consent of Brooks. Any actual or attempted assignment without Brooks' prior written consent shall entitle Brooks to cancel such order upon notice to Purchaser without liability to Brooks.

MODIFICATION OF TERMS
Brooks' acceptance of any order is subject to Purchaser's assent to all of the terms and conditions set forth in Brooks' acknowledgment, and Purchaser's assent to these terms and conditions shall be presumed from Purchaser's receipt of Brooks' acknowledgment, or from Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon Brooks unless agreed to by Brooks in writing.

TRADEMARKS AND COPYRIGHTS
Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.

COMPLETE AGREEMENT
The terms and conditions in Brooks' Web site Terms of Access, forms, acknowledgments, quotations, invoices and catalog sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Brooks.

INDEPENDENT CONTRACTORS
Brooks and Purchaser are independent contractors. Purchaser is not authorize to and shall not make any representations on behalf of which are binding upon Brooks.

SEPARABILITY
If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms of Purchase.

SALES
Due to government regulations and product availability, all W.W. Brooks, Inc. ("Brooks") goods and services may not be available in every area.

CROSS REFERENCE INFORMATION
Product cross reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.

PRODUCT INFORMATION
Brooks' ability to keep product information accurate and up-to-date is limited by manufacturers and other industry sources ability to provide product information. THEREFORE, Brooks MAKES NO WARRANTIES, EXPRESSED OR IMPLIED AS TO THE ACCURACY OF THE CATALOG DATA.

DOMESTIC ORDERS:
SALES POLICY

WHOLESALE ONLY
Identification required from all Purchaser's. Possession of our wholesale catalog does not constitute the right to purchase from Brooks.

PRICES HEREIN are net wholesale prices and are subject to change without notice. Market sensitive commodity items will be priced according to current market conditions.

QUOTATIONS on large quantities are available from your Brooks Account Manager.

SALES TAX
Brooks is required to charge state and local tax on items in states where Brooks has a warehouse branch for which sales tax exemption certification has not been provided . When ordering please indicate clearly which items are tax exempt.

PAYMENT TERMS
For Purchaser's with established credit, terms are net 30 days from date of shipment. If credit is not established, please include payment with order or purchase through American Express, Discover, MasterCard or Visa. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars.

CREDIT BALANCE
Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND Brooks SHALL HAVE NO FURTHER LIABILITY.

SHIPPING POLICY
Sales are FOB, point of shipment. We will ship by most economical means possible from our nearest warehouse unless you authorize a specific routing. There will be a minimum service charge of $10.00 for any shipment made for you to your customer. Note: Our packing lists are priced and in the box. If you do not want a pricing list, please advise. Unpriced packing lists are available with drop ship orders upon request.

Any extra charge incurred for additional services, such as Purchaser's carrier or special handling at the destination, must be paid by consignee. Title and risk of loss pass to Purchaser on delivery to the common carrier. If product was damaged in transit, recipient must file claim with carrier.

OSHA HAZARDOUS SUBSTANCE & CALIFORNIA PROPOSITION 65 PRODUCT INFORMATION
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of product known to the State of California to cause cancer or reproductive harm are available from: Brooks Equipment Co., Inc., Attn: Sales Support, P.O. Box 481888, Charlotte, NC 28269 USA.

The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. Brooks, however, makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. Brooks disclaims any and all liability to any user thereof.

ORDERS SHIPPED OUTSIDE OF THE UNITED STATES:
EXPORT SALES TERMS AND CONDITIONS

ORDER ACCEPTANCE
It is acknowledged that no order shall be deemed accepted unless and until it is verified and accepted by Brooks in a continental United States facility. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the state of acceptance.

SALES TAX
Brooks is required to charge national, state, and local sales tax on all purchased items for which a U.S. Purchaser sales tax exemption certification is not on file.

PAYMENT TERMS
Unless otherwise agreed, all export sales are made on condition that Purchaser make payment by cash in advance at the time of order, that Purchaser open an irrevocable letter of credit in favor of Brooks prior to shipment payable by sight draft drawn against such letter of credit, or that Purchaser establish satisfactory credit with Brooks prior to shipment. For Purchaser's with established credit, terms are net thirty (30) days from date of shipment. At Brooks' option, export orders may be subject to special export payment terms and quotations. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars, and Brooks shall have the right to set-off and deduction for all sums owed. If an open account Purchaser fails to make full payment within thirty (30) days from date of shipment, Brooks may defer shipment of other orders, or cancel all or any part of any unshipped order until such payment is made.

CREDIT BALANCE
Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND Brooks SHALL HAVE NO FURTHER LIABILITY.

SHIPPING POLICY
Unless varied herein, shipping terms are FCA (as defined by International Chamber of Commerce Terms) closest U.S. airport or port of exit from Brooks shipping warehouse, except Hawaii or Alaska, using local shipping point and routing of Brooks' choice. Shipments are freight collect from any Brooks branch. Purchaser shall be responsible for obtaining insurance. At Brooks' option, freight policy for export orders may be subject to special terms and conditions. Title and risk of loss shall pass to Purchaser on delivery to the common carrier or vessel in the United States. If product is damaged in transit, Purchaser must file claim exclusively with carrier, vessel and/or insurance company.

COUNTRY OF IMPORTATION
Purchaser represents that it is purchasing the products for the purpose of exporting them from the United States and importing them to the country specified in Purchaser's purchase order. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country, and that there will be no reexport or diversion. If requested by Brooks, Purchaser shall provide documentation satisfactory to Brooks verifying delivery at the designated port of entry.

EXPORT AND IMPORT LICENSES; PERMITS AND FREIGHT FORWARDER
Notwithstanding anything contained herein and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the exportation or importation of the products into the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser's agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon Brooks, unless expressly agreed to by Brooks.

FOREIGN CORRUPT PRACTICES ACT
Purchaser acknowledges that it is not the agent of Brooks and represents and warrants that it has not and covenants that it will not pay anything of value to any government employee in connection with the resale of the products.

GOVERNING LAW; LIMITATIONS
These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of North Carolina, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of North Carolina, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

DISPUTE RESOLUTION
Actions by Brooks for nonpayment by the Purchaser of the purchase price of products sold by Brooks, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by Brooks, at its option, before any judicial court of competent jurisdiction. At Brooks' option, disputes between the Purchaser and Brooks, including all claims for non-performance by Brooks, shall be finally settled by arbitration in Charlotte, North Carolina, USA, under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of North Carolina, USA.
While efforts have been made to ensure the accuracy of this Web site, due to its open nature, Brooks does not warrant its accuracy. Please review our Terms of Access for additional information regarding this Web site.