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ACCESSING THE WEBSITE AND ACCOUNT SECURITY
INTELLECTUAL PROPERTY RIGHTS
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
This website is operated by Briggs Equipment, Inc., 10540 N. Stemmons Freeway, Dallas, Texas 75220. All notices of copyright infringement claims should be sent to the copyright agent at firstname.lastname@example.org. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.
Last Updated: August 18, 2020
SHIPPING AND HANDLING
Shipping and Handling Charges: Shipping and handling charges are based on total price of your order. Oversized or heavy items may have an additional shipping cost. This charge may not be calculated until the order is being prepared.
We will notify you if there is an increase in the shipping charge or your order prior to billing and shipping.
Shipment By UPS: We ship via UPS Ground or US Postal Service in the continental US. Shipments to Alaska & Hawaii and International orders will have an additional shipping cost applied.
Delivery Time: Allow 4-10 business days for delivery of non-backordered items in the continental US. Allow additional time for shipments to Alaska, Hawaii and International Orders.
Consolidated Shipments: Entire orders will be shipped together if possible.
RETURNS AND EXCHANGES
General: All returns must be postmarked no later than 30 days from the original customer shipment date. Returns and exchanges must be in new condition and must include all instructions and original packing material. Customer pays all return shipping charges. Include a copy of your packing list with all returns.
Original shipping and handling charges are not refundable. Returns must be preauthorized by us and are subject to a 15% re-stocking fee. These amounts will be deducted from the original amount billed and the remaining balance will be credited to the original credit card.
Incorrect Item: If you received an incorrect item no extra charges will be incurred. We will replace incorrect items and pay the additional shipping charge.
Incorrect Size: No charge for exchange. We will exchange customer orders that do not fit, if the customer requests the same item in a different size. Customer pays all shipping charges.
Customer Order Error: Incorrect customer orders can be exchanged for any other item without paying the restocking charge. However, the customer will pay the additional shipping and handling charge. The replacement item must be at least 75% of the value of the original item.
Return Shipping Instructions: Return via prepaid UPS or US mail. Insure shipment for full value of purchase. Use original packaging. We are not responsible for packages lost during return shipping.
Return/Exchange Instructions: Enclose a copy of your packing list or E-mail Invoice along with detailed return/exchange instructions. Send exchanges and returns to dealership.
Sales tax is charged on instate orders if required by law.
Individual product descriptions are claims of the manufacturer and/or distributor and are not guaranteed accurate. Prices subject to change without notice. Mistakenly posted prices on the website do not obligate us to those incorrect prices. We reserve the right to refuse to sell to anyone for any reason.
APPLICABLE LIMITED WARRANTY
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED, BRIGGS ASSIGNS ANY APPLICABLE MANUFACTURER’S WARRANTY IN ACCORDANCE THEREWITH BUT SUCH ASSIGNED WARRANTY SHALL NOT BE AN OBLIGATION OF BRIGGS AND BRIGGS HEREBY DISCLAIMS ANY LIABILITY THEREUNDER. BRIGGS EQUIPMENT EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OR PARTS. SPECIFICALLY BRIGGS DISCLAIMS AND MAKES NO WARRANTY WITH RESPECT TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR AGAINST INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
ANY USED PARTS OR EQUIPMENT SOLD OR PROVIDED ARE SOLD “AS-IS”, “WHERE IS” AND “WITH ALL FAULTS.”
DISCLAIMER OF LIABILITY: NEITHER BRIGGS NOR ITS REPRESENTATIVES IS LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY RENTAL, SALE OR SERVICE PROVIDED PURSUANT TO THIS DOCUMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY CUSTOMER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
NO EXPORT: CUSTOMER REPRESENTS THAT ANY PARTS OR EQUIPMENT SOLD OR RENTED SHALL NOT BE EXPORTED, RE-EXPORTED OR OTHERWISE DELIVERED TO OR USED OUTSIDE OF THE UNITED STATES OF AMERICA. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BRIGGS FROM ANY FINES, LIABILITY, COSTS OR EXPENSE RESULTING FROM A BREACH OF THIS REPRESENTATION.
FORCE MAJEURE: BRIGGS EQUIPMENT SHALL NOT BE LIABLE FOR ANY BREACH, FAILURE TO PERFORM OR DELAY IN PERFORMANCE WHERE SUCH BREACH, FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM ANY ACT BEYOND BRIGGS’ REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD, STRIKES, ACCIDENTS, ACTIONS OF ANY GOVERNMENTAL AUTHORITY, AND DELAY OF CARRIERS.