Prior to placing your order, we will provide you with a formal quotation, usually via email. The quotation serves as an opportunity for you to make any changes to the order prior to processing. Make sure you verify all information on the quotation, including all of the product details and shipping address. Once you sign and return the quotation, it will serve as your work order and changes may not be made without additional charges.
Your order is subject to the following terms and conditions as well as the additional terms on the quotation. If you do not accept these terms and conditions, do not sign the quotation / confirmation and advise us immediately that you are withdrawing the order. If you submit a signed quotation or otherwise confirm your order to us, or if you allow us to proceed with production, you are deemed to accept these terms and conditions. We do not accept any terms or conditions on quotations or orders other than our quotation form. In these terms and conditions, “we” or “us” refers to Brockwell Incorporated, and “you” refers to the purchaser of the column(s) or other product(s) from us.
BROCKWELL PAYMENT TERMS
- On all orders less than $5,000 - full payment is required at the placement of your order.
- On orders over $5,000 - half of the total amount must be prepaid, and the balance is due before shipment unless prior arrangements have been made.
On orders not paid when due, you agree to pay a late payment / storage charge of 2.5% per month or the maximum amount permitted by law (whichever is less). Payment of all sales and use taxes relating to your purchase is the responsibility of the customer. When paying a 50% deposit, the remaining 50% balance must be paid prior to shipment.
CREDIT CARD PAYMENTS
If paying by a credit card, we may require you to sign a Credit Card Authorization Form at the time of your order. By signing the Credit Card Authorization Form, you grant Brockwell Incorporated the authorization to charge your credit card at the time of the order and to collect any balances owed to Brockwell Incorporated. Credit card charges may be delayed and / or charged at our discretion. The name on the credit card must match the name on the quote / invoice, or we must obtain a written consent to charge the card from the cardholder or their professional representative. When returning the signed Credit Card Authorization Form, the customer grants Brockwell Incorporated the authorization to charge the credit card submitted even if there are omissions in regard to quote numbers on the C.C.A.F.
RETURNED CHECKS & CHARGEBACKS
In accordance with Article 9 of the Uniform Commercial Code, in the event your check or credit card charge is returned to us unpaid, you agree to pay us a $25 service fee plus any cost to Brockwell Incorporated for collection of the balance (which includes and is not limited to, our reasonable attorneys' / court fees), related bank fees, chargeback fees, plus any late payment fees until the amount owed to Brockwell is paid in full and in good funds. We may halt production of the product(s) until we receive certified funds, but you will remain responsible for the full amount of the order. After you return a signed quotation or complete your purchase via an electronic quote / invoice from us that you receive via e-mail, you remain responsible for full payment of (and agree to pay) the amount stated in the quotation, in good funds, until we agree (or the law determines) otherwise. This also applies to quotes / invoices emailed to the customer and orders placed via electronic quotes / invoices.
In the event that you or your customer receives goods before 100% of the payment has been made or while you are insolvent, we retain a purchase money security interest in the goods, and your Signed Quote / Order Confirmation serves as our demand for reclamation of the goods, until we receive full payment in good, final, and irrevocable funds. By placing an order online with Brockwell Incorporated, you agree that 'Brockwell Incorporated' is the only company name that will show up on your statement.
Brockwell Incorporated has a system in place to detect potentially fraudulent online orders. In the event that your order is flagged as showing signs of a potentially fraudulent transaction, we will contact you to request additional info such as a photo copy of your identification that matches the credit card used (last four digits) on your order. We may also require you to provide us with certified funds. Failure to provide Brockwell Incorporated with the requested information will result in an immediate cancellation of your order.
CANCELLATIONS / CHANGES TO YOUR ORDER
Any changes to your order must be made prior to returning the initial quote / invoice or placing your order from an electronic quote / invoice. Any order changes must be submitted in writing for approval. We encourage you to carefully review the products you select and your quote / invoice for details about your order. After you return the quote / invoice (either a signed quote / invoice / Credit Card Authorization Form notating a specific Quote #, or electronic quote / invoice) or submit your order online, orders cannot be changed or canceled without a charge. This includes placing an order directly online. Once we have started production or ordered materials for your order, the cancellation charge may vary -- and in some cases -- we may not be able to cancel your order without full payment. When an order is refunded, the customer is responsible for any fees charged to Brockwell in conjunction with that order, including but not limited to credit card payment fees. These fees will be deducted from the total refund amount. After an order has shipped, it cannot be canceled. Custom / special orders cannot be canceled without full payment to Brockwell Incorporated.
We will be sure to notify you if - for some reason - we must cancel or change your order. Brockwell Incorporated does not charge you a fee if we are the party to initiate the cancellation of your order. Brockwell Incorporated reserves the right to cancel any order at any time without liability to you other than refund of the the prepaid amounts.
Brockwell Incorporated reserves the right to make changes to any of our standard products, at our discretion, with or without notice, including (but not limited to) dimensions and prices. This applies to products online, in our product literature, sales materials, etc.
Dimensions and prices in our product literature and catalogs are estimates only and are not guaranteed or firm. Brockwell Incorporated agrees to abide by any firm price or dimensions stated in your Order Confirmation.
Brockwell Incorporated does not install your products, and we recommend hiring a professional builder, contractor, or handyman to install them. We do, however, provide tips & guidelines for installing many of our product lines.
When it comes to recommending installers in your area, we prefer that you select an installer in your area that you feel comfortable using. If you are unfamiliar with an installer in your area, we recommend using online searches via Google, or a phone app such as Thumbtack.
LEAD TIMES / DELIVERY
Please note that any delivery/shipment times that we provide to you are estimates only. Brockwell does not guarantee any shipment or delivery by a specific date. Brockwell Incorporated makes every effort to ship your order in the estimated lead time provided. In the event that your estimated lead time is not met due to damage, manufacturing times, or any act(s) out of our control, Brockwell is not liable for any damage or loss of revenue or profits in conjunction with the order. Please check each product page for the estimated lead time. If you do not see an estimated lead time on a specific product page, please contact us and inquire about the most up-to-date estimated lead time for that product. All orders are F.O.B. our production facility.
RESALE AND USE
You agree that you are not buying our products for resale outside of the United States, and you agree not to use any of our products as molds for reproduction. You also agree to hold Brockwell Incorporated harmless against how you use our products (including but not limited to installation or application). You also agree to comply with all laws and regulations, including (but not limited to) building codes.
These terms and conditions and any claims, disputes, or controversies arising under or relating to these terms or conditions or your order are governed by the laws of the State of Georgia, without regard to principles of conflicts of laws, and applicable United States federal law.
Except to the extent otherwise required by law, you agree to initiate any action against Brockwell Incorporated only in Gwinnett County in the State of Georgia, USA, and by placing your order with Brockwell Incorporated, you agree to the personal jurisdiction and venue of the courts located in Gwinnett County in the State of Georgia. Any notation on or accompanying your companies order documentation on accompanying your payment, such as “payment in full,” “in full satisfaction,” or the like, are deemed ineffective to extinguish any disputed claim, even if we accept the payment.
YOU AGREE TO SUBMIT ANY CLAIM, DISPUTE, OR CONTROVERSY (REGARDLESS OF THE FORM OR TYPE OF ACTION) AGAINST US TO ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM UNDER ITS CODE OF PROCEDURE THEN IN EFFECT (available at http://www.arb-forum.com or via telephone at 888-969-0730). Except to the extent otherwise required by law, you agree that the arbitration proceedings will take place exclusively in Stone Mountain, Georgia, USA. With the exception of arbitration regarding consumer warranty disputes, the above procedure shall be exclusive, and the award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. With respect to consumer warranty disputes, you may be entitled to file suit under state laws without submitting your claim to arbitration first. Information on arbitration may be obtained from, and a claim may be filed with, the National Arbitration Forum at P.O. Box 50191, Minneapolis, MN 55405-0191 USA.
A waiver of strict compliance with any term herein shall not be deemed a continuing waiver or waive any other terms or conditions. Any modification or amendment to these terms must be in writing and signed by the CEO of Brockwell Incorporated in order to be effective against us. Only a signature of a current officer of Brockwell Incorporated shall be binding on Brockwell Incorporated for any purpose. Our salespeople are not authorized to add to or vary any of these terms and conditions. If any term herein is illegal, invalid, or unenforceable, then such term shall be ignored, but the remaining terms and conditions shall remain in effect. The official language of these terms and conditions is English. All amounts stated on an invoice are U.S. Dollars unless specified otherwise.
We do not consider the terms of an order to be confidential unless we agree to confidentiality on the quotation, in which case we and you agree to maintain the marked terms as confidential.
We are excused from performance to the extent of any delay or inability to perform arising due to weather events, disasters, acts of terror, governmental action or regulation, labor or materials shortages or disputes, or other circumstances not under our control. We are not responsible for any costs or losses you may incur because of a canceled order, failure of delivery, late delivery or errors in delivery, mistakes on a quotation accepted by you, any inaccurate information or outdated information on our website, or an order based on an outdated catalog. The sole remedy provided by the warranty is the repair or replacement of defective products. Any refunds are in our complete discretion and do not obligate us to make any future refunds.
MODIFICATIONS TO TERMS & CONDITIONS
Brockwell Incorporated has the right, at its sole discretion, to modify, add or remove any terms or conditions without notice. Any changes to these Terms and Conditions shall be effectively immediately following the posting of such changes on the ColumnsDirect.com web site.
SHIPPING / DELIVERY INFO
You are responsible for unloading all products. This includes having the appropriate off-loading manpower or machinery. Depending on the size of your order, you may need a fork lift, crane, or other machinery to off-load your products.
- If you are unable to accept the delivery, you remain liable for any storage fees, re-shipment fees, or any other fees incurred in correlation with your order. You will be charged directly from the freight company.
BROCKWELL CANNOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE IN TRANSIT.
Upon delivery, please inspect the goods – thoroughly – to make sure there is no damage to your products before signing the bill of lading / delivery receipt. If you do notice damage, please note it on the bill of lading and contact a Brockwell Incorporated representative immediately at 980-282-8383. Any and all concealed damage must be noted on the bill of lading and then reported to Brockwell within 48 hours of delivery. In the event of any missing freight, the customer should contact the freight company.
When you receive a formal quote from Brockwell Incorporated, you will always notice a Shipping line item, which will include the cost for shipping your products. Any shipment or delivery/lead times provided by Brockwell are estimates only. We do not guarantee delivery by a specific date.
All orders are F.O.B. our production facility. Damage incurred during shipment should be submitted to the freight line, and we are not responsible for any missing freight or for any damage incurred during shipment or delivery.
You are responsible for confirming insurance with the freight line against damage incurred during shipment or delivery. Unless you instruct us to use a specific freight line at the time you place your order, we will utilize a freight line acceptable to us. You may contact us for the name of the freight line that will be utilized to ship your product(s).
ADDITIONAL SHIPPING COSTS
In some instances, your products may need to be crated and shipped LTL via a common carrier. In the instances when the actual shipping costs exceed the shipping costs you have paid, a Brockwell associate will inform you of the additional charges. The customer is responsible for any additional freight costs associated with the order.
For products that are shipped via Standard Ground from a 3rd party shipper, such as FedEx or UPS, the customer is responsible for ensuring that all packages/boxes are accounted for upon delivery. In some instances, a delivery signature is not required, and the boxes may be left at an entrance point of your home or building. Upon receipt of tracking information, it is the customer’s responsibility to follow and plan accordingly for accepting the shipment.
Brockwell Incorporated will not be held liable for any interruption arising from situations beyond our control. These may include, but are not limited to: incorrect shipping information provided by the customer, the inability to obtain a consignee signature, theft, damage, missing packages, and any situation that we deem to be out of our control.
Missing Items: You must notify a Brockwell Incorporated Associate within (7) days of your missing items' delivery date. After (7) days, it will be understood that your products successfully arrived. For Ground Shipments, we will be happy to contact the shipping company to inquire about the missing items, but the customer is responsible for contacting the 3rd party shipping company to file any claims.
Depending on the products that you purchased, your order may ship in multiple shipments – whether via Standard Ground or 3rd party LTL. Upon delivery, it is imperative that you examine the boxes, packages, crating, etc. to ensure that you have received everything correctly. If you are unsure as to whether your order will have multiple shipments, please get in touch with a Brockwell associate, and we will be happy to answer your questions.
It is the customer's responsibility to properly schedule and prepare for acceptance of packages by following the tracking information, whether a signature is required or whether no signature is required. Brockwell Incorporated will not be held liable for the inability to locate missing packages if the shipper has confirmed that they have successfully delivered them to the correct address.
- The freight line charges a C.O.D. collection fee of 4-6% of the total balance due with a minimum fee of $35.00.
- Please immediately remit your balance to 4728 Scarborough Place, Stone Mountain, GA 30087 in order to retain your significant freight discount and to avoid the C.O.D. fee
- Should you choose to ship your order C.O.D., a certified check is required for all C.O.D. balances.
- On any stock order large enough for Brockwell to pay the freight, C.O.D’s are not allowed.
If Brockwell has not received the balance of your order within a reasonable time of when your order is ready to ship, we reserve the right to ship your products C.O.D. In this case, you will lose any freight discounts that were initially applied. At the time of delivery, a certified check for the balance is required.