Terms of Use/Sale

Last updated: July 22, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: Ohio, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Bostwick-Braun Company, 7349 Crossleigh Court.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Goods refer to the items offered for sale on the Service.

  • Orders mean a request by You to purchase Goods from Us.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Bostwick-Braun Industrial Business Unit, accessible from https://ibu.bostwick-braun.com/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

  • The supply of Goods made to Your specifications or clearly personalized.
  • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
  • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
  • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: websitesupport@bostwick-braun.com

Prices

Pricing will be based on Columbus Fasteners’ standard pricing at the time an order is placed. Special quotes are available upon request.

Minimum Billing

Net minimum billing is $10.00. We will attempt to advise a customer when their order is below minimum so order quantities can be increased, but can not guarantee that we will always do so.

Payment Terms

Columbus Fasteners Corp. (CFC) offers two payment terms beyond cash, check or credit card at the time of sale:

    Net 30 Days. Invoices will be faxed, emailed or mailed the next business day after you make a purchase. Payment must be received in our office within 30 days of each invoice date.

    Net 5th 5 Prox on your Credit Card. All of your invoices are accumulated for one calendar month. On the 5 of the following month, they are charged against a credit card number that you have put on file with us.

      a. You sign a Monthly Credit Card Authorization Agreement with CFC and provide us with the details of a valid credit card. You must also keep the card number and expiration date current.

      b. You accumulate charges for one calendar month

        Invoices under this program will be faxed or emailed only. We will not print and mail invoices for customers who choose these terms.

      c. On the 1st of the following month (or the first business day thereafter), CFC will fax or email you a statement of your account.

        If you find any fraudulent charges, report them to CFC immediately and they will not be charged to your credit card.

        Other questions such as quantity received, unit price, sales tax charged, etc. that you may have about an invoice will be resolved by credit or adjustment the following month. The full amount of any of these invoices will be charged to your credit card.

      d. On the 5th of the following month (or the first business day thereafter) we will charge your credit card for the full amount of any charges you have made the previous month less any charges you have reported as fraudulent plus any amounts previously deducted because they were reported as fraudulent but were later validated by the card issuer.

    Other Credit Card payments. Any payment by credit card of an open invoice that is not on the Net 5th Prox terms shown above will be charged a 3% Handling Charge.

    Delinquent Accounts. A finance charge of 1 1/2% per month (18% annual rate) may be added to any past due amounts. Customer agrees to pay all cost of collection or attempting to collect, including reasonable attorneys’ fees, any amounts not paid by customer within payment terms.

    Credit Policy

    We may decline to accept orders or stop orders in process if customer has invoices more than 30 days past due or if reason develops to question financial responsibility of customer.

    Freight

    Standard freight terms are F.O.B. shipping point. Prepaid freight terms are available on orders exceeding certain dollar amounts. Please check with your salesperson for additional information regarding prepaid freight terms.

    Backorders

    Unless otherwise instructed, we will backorder any items not filled on your original order, except backorders totaling less than $ 5.00 which will be canceled. Backorders will be shipped under the same freight terms as the original order on which they were placed.

    Delivery Dates

    Whenever possible, we will attempt to quote a delivery date on items not in stock. However, these quotes are estimates based on information from our suppliers, and we can not guarantee them.

    Returns

    No returns will be accepted without prior authorization. No returns will be accepted on special order items. To be returned, products must be unaltered and in excellent condition and in original packages whenever possible. A restocking charge may be charged on any accepted returns.

    Damaged or Short Shipment

    Shortages must be reported within 5 days after receipt of shipment. If shortage is found to be the fault of the freight carrier, customer must make claim with carrier (except UPS claims which we will make). If any goods are damaged in transit, customer must make claim with freight carrier (except UPS) for reimbursement.

    Cancellations

    Cancellations of orders for standard products will be accepted prior to shipment. Cancellations will be accepted on non-stock or special order items only when we are able to cancel our orders for these items. Customer must agree to pay any actual costs incurred by us to cancel special orders or orders for non-stock items.

    Warranties

    Columbus Fasteners Corp. is a distributor not a manufacturer of the products we sell. As such, we do not offer any warranties of our own. Many of the products we sell are covered by manufacturer’s warranties. The terms of these manufacturer’s warranties vary, but all contain clauses similar to these:

      a. The manufacturer’s warranty is given in lieu of any and all other express or implied warranties, including any implied warranty of merchantability or fitness for a particular purpose.

      b. The manufacturer’s sole and exclusive obligation to the buyer is to replace or repair the defective product. They will not be liable for any other damages, including but not limited to incidental damages, consequential damages or special damages.

    If you would like to see the specific warranty terms on a product, please contact us.

    Differing or Additional Terms of Sale

    Columbus Fasteners’ offer of sales, as set forth herein, as well as customer’s acceptance thereof by purchase shall be limited strictly to these terms and conditions which shall constitute the full agreement between the parties. Any additional, differing or contradictory terms which may be contained in the customers’s purchase order shall not be of any effect and shall not be part of this agreement without the express written consent of Columbus Fasteners.

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