TERMS AND CONDITIONS SALES POLICY Products will be sold in those areas and to those Buyers as Briggs® shall specify from time-to-time in Area Price Bulletins. SUGGESTED CONSUMER LIST PRICE The possession of this Price List by anyone is not to be construed as an offer to sell at any price, any of the goods listed herein. All prices herein established supersede all previous prices and are in effect as of the date of publication. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE The right is reserved to discontinue without notice the sales of any listed products. Suggested consumer prices are published solely as a guide to the trade in keeping with past trade practice. They are not intended to reflect, or to be represented as, the prices at which products by Briggs are actually, usually or customarily being sold to consumers in any market area. Each Seller must determine prices to consumers in accordance with his or her individual business judgement. PRICE INCREASE All orders accepted for immediate shipment prior to the effective date of the price increase will be invoiced at the price in effect at the time the order was placed. RECEPTION OF ORDERS All orders must be received at our corporate office in Goose Creek, South Carolina. The official address is 597 Old Mt. Holly Road, Suite 201, Goose Creek, SC 29445. Orders can be sent as well by electronic transfer methods according to our standard operational methods (EDI-Email-Fax). TITLE Title passes to Buyer upon delivery of goods by Briggs to the carrier at the shipping point, unless shipment is made in trucks owned or leased by Briggs. FREIGHT Freight prepaid as established. MERCHANDISE RETURNED TO FACTORY OR WAREHOUSE Merchandise may not be returned except with written approval from Briggs. If approved, credit for such return will be issued on the basis of the price at which the goods were originally invoiced, less a minimum re-stocking charge of no less than 20% or the actual cost of reconditioning and handling as determined by Briggs, and return freight will be at the Buyer’s expense. Returns will be accepted for a period of two years from date of purchase. Discontinued items can not be returned. SPECIAL MODIFICATIONS Orders for products requiring special modifications will not be subject to change or cancellation after production has been scheduled. Such products will not be considered for return. STANDARDS Products by Briggs are designed and manufactured to comply with the requirements of CSA, ASME/ANSI and IAPMO where applicable. A4 SHIPPING WEIGHTS/DIMENSIONS In our efforts to continually improve our products, Briggs will occasionally make design changes. We reserve the right to ship newly designed products to fill any order unless we agree in writing to do otherwise. CLAIMS All ware is inspected, checked and packed by experienced personnel. Precautions are taken against breakage or other damage in transit. Our responsibility ceases upon delivery of material in good order to the carrier. All claims for loss or damage in transit must be filed with the carrier by Buyer. Briggs will give all reasonable assistance to Buyer in collecting a loss or damaged claim from the carrier by furnishing duplicate invoices, affidavits showing count when loaded, method of loading, etc. Buyer should, in all cases, immediately report loss and/or damage to carrier and request inspection in case of damage. On a loss claim, Buyer should secure all pertinent information and include it with the signed exception report. CONSENT TO PERSONAL JURISDICTION AND VENUE– GOVERNING LAW–WAIVER OF JURY TO TRIAL The Buyer hereby agrees that any action brought by the Buyer or by Briggs arising out of the sale or use of the products referred to in the Price List shall be governed and determined in accordance with the statutory and decisional law of the State of South Carolina; and the Buyer hereby agrees that any controversy that may arise out of the sale or use of the products referred to in the Price List would involve complicated and difficult factual and legal issues and that, therefore, any action brought by Briggs against the Buyer or brought by the Buyer, alone or in combination with others, against Briggs, whether arising out of sale or use of the products referred to the Price List or otherwise, shall be determined by a Judge sitting without a jury.
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