Terms of Sale & Use Policy
Last Updated: March 21, 2021
These Terms of Sale (“Terms”) apply to all purchases of products (“Products”) sold in the United States by Brew Movers, LP (“Brew Movers”, “We”, “Us” or “Our”) through Our website located at www.palletparka.com (the “Site”). You agree to these Terms by placing your order via the Site, or by placing an order by phone.
These Terms are a binding agreement between you and Brew Movers, and these Terms may not be altered, supplemented or amended by any other document. We may periodically make changes to these Terms and in such event will post a new version of these Terms on the Site. It is your responsibility to review these Terms each time you visit the Site and remain informed about any changes to it. Your continued use of the Site after any changes are made to these Terms constitutes your agreement to the Terms as modified.
In addition to these Terms, the terms contained within Our Terms of Use for the Site and Privacy Policy may apply to your purchase.
1. SCOPE OF AGREEMENT. These Terms constitute the sole, exclusive, and entire agreement between Brew Movers and you relating to the Products. Brew Movers expressly rejects any different or additional terms or conditions contained in any documents issued or submitted by you.
2. ORDERS. By adding desired Products to your cart on the Site and submitting all required information during the checkout process, you have placed an order with Us and are bound by such order, subject to Our return policy (as described below) and the availability of the Products ordered. We will confirm receipt of your order by sending you an email. The purchase price as well as incurred shipping costs (if any) shall become due at the time you place your order. While We make every attempt to ensure that the Products displayed on the Site are available for purchase, there may be times when We no longer have a Product you have ordered available. In such event, We will refund to you the applicable purchase price.
3. PAYMENTS; PRICING. The purchase price of Products shall be as stated on the “Order Confirmation” screen (or similar screen) prior to you placing an order for the Products. The prices are exclusive of any applicable federal, state, provincial or local taxes or assessments. Such taxes, assessments, and shipping costs must be paid by you. Brew Movers shall not have any obligation to ship any Products until payment has been received from you. All prices are subject to adjustment, at any time, by Brew Movers. You may pay for the Products via credit card (MasterCard or Visa) or PayPal.
4. DELIVERY. All delivery dates for the Products are estimates only. Title to Products ordered by you passes to you when the Products are shipped. This means that the risk of loss and title for the Products pass to you upon Brew Movers’ delivery of the Product to the carrier. Products shall be deemed accepted by you unless written notice of rejection is received by Brew Movers within five (5) days after receipt of the Products by you.
5. RETURNS. You have the right to return any Product within [five (5)] days of the date of receipt. In order to return a Product, you must within five (5)days of receipt inform us of your decision to return such Product in writing (e.g., a letter sent by mail, telefax or email) using the following contact information support@palletparka.com. If you return a Product in compliance with Our return policy, We will promptly return all payments received from you (minus shipping costs). All Products being returned must (a) be in a new, unused condition, (b) have all original tags attached, and (c) be returned in their original packaging. To provide your refund, We will use the same payment method you used in the initial transaction. We are entitled to refuse to process your refund until the merchandise has been returned to Us. WE RESERVE THE RIGHT TO REFUSE ANY RETURNS IN OUR SOLE DISCRETION.
6. DISCLAIMER. THE PRODUCTS ARE SOLD TO YOU ON AN “AS IS” BASIS. BREW MOVERS MAKES NO REPRESENTATIONS AND WARRANTIES, AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ORAL OR IN WRITING, BY OPERATION OF LAW OR OTHERWISE, INCLUDING (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS; (B) ANY WARRANTIES ARISING FROM TRADE, USAGE, PERFORMANCE OR CUSTOM; (C) ANY REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS ARE SUITABLE FOR YOUR BUSINESS; AND (D) ANY REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS TO BE ACHIEVED THROUGH THE USE OF THE PRODUCTS.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL BREW MOVERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, LIQUIDATED OR CONSEQUENTIAL DAMAGES RELATING TO THE PRODUCTS AND THEIR USE, INCLUDING ANY DAMAGES ARISING FROM THE PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR LOSSES ARISING FROM THE PRODUCTS FAILING TO INSULATE CARGO OR ANY OTHER GOODS, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BREW MOVERS’ MAXIMUM, AGGREGATE LIABILITY UNDER THESE TERMS TO YOU AND ANY OTHER BENEFICIARIES EXCEED THE PURCHASE PRICE OF THE PRODUCTS.
8. INTELLECTUAL PROPERTY RIGHTS. Brew Movers exclusively owns and shall retain exclusive ownership of all right, title, and interest, including all worldwide patent, trademark, copyright, trade secret, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”) in and related to the Products.
9. RELATIONSHIP OF THE PARTIES. You and Brew Movers are independent contracting parties. Nothing hereunder or in the course of performance under these Terms shall grant either party the authority to create or assume an obligation on behalf or in the name of the other party, or shall be deemed to create the relationship of joint venture, partnership, association or employment between the parties.
10. MISCELLANEOUS. Your purchase of Products is for your own use. In the event that any provision of these Terms shall by a court be declared void or unenforceable, the validity of any other provisions of the Terms shall not be affected thereby. The Terms and the relationship between you and us will be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County, North Carolina and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.