Terms and Conditions
Standard Terms & Conditions of Sale
Sale of any equipment, parts, or services described or referred to in any quotation, proposal, bid or similar communication at the quoted prices is expressly conditioned upon the terms and conditions set forth below. Any order for or any statement of intent to purchase any such equipment, parts, or service, or any direction to proceed with engineering, procurement, manufacture or shipment, shall constitute assent to said terms and conditions and a representation that the Customer is solvent.
Customer will be invoiced for the full purchase price of equipment, parts, and services upon delivery of same. All cable shipments within ±10% will be considered complete.
Unless otherwise specifically agreed to in a writing signed by BriskHeat, full payment is due immediately from date of invoice.
BriskHeat reserves the right to invoice for partial shipments unless specifically stated that no partials are allowed by the Customer.
Prices quoted will remain in effect 60 days from date of quotation unless otherwise specifically provided.
Upon receipt of invoices and in accordance with the terms set forth in paragraph 3, Customer will pay BriskHeat, in addition to the purchase price, amounts equal to any and all freight charges, pallet charges, and any and all taxes, however designated, including state and local privilege, excise, sales and franchise taxes.
Unless specifically stated, the prices quoted by BriskHeat shall not include delivery charges.
All shipping dates are subject to confirmation at the time the Customer's purchase order is received by BriskHeat and will be based on BriskHeat's shipping commitments at that time.
Shipping dates are quoted in good faith. If, after receipt of the Customer's purchase order, BriskHeat shall have quoted a time which goods will be dispatched or work completed, that time shall begin to run from the date upon which BriskHeat receives all information, drawings or other material which, in its opinion, are necessary to enable it to proceed with the work.
In the event that Customer in writing requests a delay in the shipping date or requests in writing deferred delivery after BriskHeat has placed Customer's order with BriskHeat's suppliers, BriskHeat shall, upon completion of such equipment, place it in storage for a reasonable length of time. After storage for a period of three (3) months, Customer's order will be shipped. In such event, the storage date shall be deemed to be the date of delivery.
Unless otherwise specified, all transportation charges will be prepaid by BriskHeat and billed to the Customer. Shipment will normally be made via the most economical means and routing consistent with the handling requirements for the type of equipment involved. BriskHeat reserves the right to select the means of transportation and the routing.
Authorization and shipping instructions for the return of any product must be obtained by the Purchaser from BriskHeat before returning the product. Product must be returned with complete identification in accordance with our return goods authorization instructions or it will be refused and returned at Purchaser's expense.
Following BriskHeat's receipt of the Customer's purchase order, such order may not be cancelled without the written consent of BriskHeat. BriskHeat shall have the absolute right to cancel and refuse to complete the order if: (1) all terms and conditions governing this order are not strictly complied with by the Customer, (2) the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy, (3) the Customer becomes bankrupt or insolvent, or (4) the Customer fails to post security within twenty-one (21) days after BriskHeat has requested same based on a good faith doubt of the Customer's ability to make prompt payment.
BriskHeat may modify or substitute goods provided the modified or substituted goods comply with applicable specifications.
The goods covered by this contract shall be deemed finally inspected and accepted within two (2) weeks from the date of shipment unless written notice of rejection or any claim is delivered to BriskHeat within that period. Acceptance as aforesaid shall constitute acknowledgment of full performance by BriskHeat of all its obligations hereunder except as further stated under the paragraph entitled "Warranties," "Remedies" and "Damages".
In accordance with paragraph 1 above, these Standard Terms and Conditions are intended by the parties as a final expression of their agreement and as complete and exclusive statement of the terms of any agreement. No agent, employee, or representative of BriskHeat has any authority to bind BriskHeat to any affirmation representation or warranty concerning the product sold other than as stated in these Standard Terms and Conditions.
Any agreement between BriskHeat and Customer can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.
Remedies of Customer provided herein are the exclusive and sole remedies of Customer.
BriskHeat reserves the right to correct any obvious errors in specifications or prices.
Shipping Policy
At www.briskheat.com, shipping and handling charges are based on the following:
- The delivery option you choose
- The weight, size and dimensions of your items
- Your shipping preferences
International Orders
Need Custom Shipping?
Email: [email protected]
Phone: 1-800-848-7673 (U.S. and Canada)
Phone: 1-888-412-0122 (Worldwide)
Returns Policy
If you need to return a product purchased directly from BriskHeat, you must obtain prior authorization and shipping instructions. To initiate a return, please contact your Account Executive, [email protected], or call us at 1-888-412-0122.
Return Guidelines
If you purchased a BriskHeat product from a third party, returns must be handled through the original place of purchase.
If you are an individual retail consumer residing in the EU or EEA, you can use the form below to exercise your statutory 14-day right of withdrawal.
Warranty
13. Limited WarrantyBriskHeat Corporation warrants to the original purchaser for the period of eighteen (18) months from date of shipment or twelve (12) months from date of installation, whichever comes first, that the products manufactured by BriskHeat:
- (A) Conform to the description and specifications as set forth in BriskHeat's current catalogue or in the quotation and drawings submitted by BriskHeat; and
- (B) Are free from defects in materials and workmanship under prescribed use and service.
BriskHeat's obligation and the exclusive remedy under this warranty shall be limited to the repair or replacement, at BriskHeat's option, of any parts of the product which may prove defective under prescribed use and service within the warranty period and which, following BriskHeat's examination, is determined by BriskHeat to be defective under conditions described herein.
BriskHeat shall not be liable for any incidental, consequential or special damages arising from any breach of warranty, breach of contract, negligence, or any other legal theory, including but not limited to:
- Loss of use of parts or equipment or any associated equipment
- Cost of capital
- Cost of any substitute equipment, facilities or services
- Overhead or downtime costs
- Claims of customer of purchaser for such damages
This warranty shall not apply to any product or part thereof which has been subject to:
- Accident or negligence
- Alteration or modification
- Damage during shipment
- Improper service, abuse, or misuse
- Use beyond rated capacity
BriskHeat makes no warranty whatsoever with respect to accessories or parts not supplied or manufactured by BriskHeat.
BriskHeat's obligation under this warranty shall be conditioned upon:
- BriskHeat receiving written notice of any defect within fifteen (15) days after its discovery
- At BriskHeat's option, return of such equipment or parts prepaid to its factory at 4800 Hilton Corporate Drive, Columbus, Ohio 43232
Warranty Disclaimer
BRISKHEAT MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT AS IS EXPRESSLY SET FORTH ABOVE.
No agent, employee or representative of BriskHeat has any authority to bind BriskHeat to any affirmation, representation or warranty covering the sale of any product, and unless such affirmation, representation or warranty made by an agent, employee or representative is specifically endorsed in writing by BriskHeat, it shall not be enforceable by any buyer.
BRISKHEAT MAKES NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY AND NO EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, EXCEPT AS IS EXPRESSLY SET FORTH ABOVE. BRISKHEAT SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES.
This warranty allocates risk between the purchaser and BriskHeat as authorized by the Uniform Commercial Code and other applicable law.
Conflict Mineral Policy
In Section 1502 of the Dodd-Frank Act the US Conflict Minerals Law was created. This law contains requirements upon SEC listed companies to comply with a commitment to avoid Conflict Minerals in their products. This is more specifically regulating the use of materials that might come from the Great Lakes Region of Africa, primarily material from the Democratic Republic of Congo.
This US Law came from international concern regarding mining operations controlled by warring militias in the Democratic Republic of the Congo and neighboring countries (collectively, the "DRC") who are financing armed conflict with profits from these mines. The Law is part of an effort to curb violence in the DRC.
BriskHeat's Commitment
Extended Minerals
"Extended minerals" reporting is a voluntary initiative that serves as an aid to due diligence and identifying utilized smelters and refiners of cobalt and mica.
Cobalt is an essential element in electronics and primarily used in lithium-ion batteries. It is also a significant component in metals. Cobalt sourcing is associated with armed conflict and human rights abuses that are commonplace throughout the DRC.
Mica is a mineral used in electronics, paints, automobile parts and other items. Mica mining is associated with labor abuses and unsafe working conditions, especially among women and children.