TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to the sale of products (“products”) by Beverage Champ Company Inc. DBA Beverage Champ (“Global”) to customer (“you” or “Customer”). Beverage Champ offer to sell products to Customer, and Beverage Champ acknowledgment of any purchase order or other Customer document (“Order”) is expressly limited to, and expressly conditioned on Customer’s acceptance of these Sales Terms. The applicability of terms contained in Customer’s Order is limited to the identification and the quantity of products ordered. Unless agreed to by Customer and Beverage Champ in a separate written contract, Beverage Champ objects to and rejects all other Customer terms, in any form, that are different from or additional to these Sales Terms.
Limitation of Liability
In no event shall Beverage Champ or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, punitive or consequential damages including but not limited to loss of use, loss of data, loss of business or loss of profits to the extent permitted by law. In the event of any issue with a product that you have purchased through Beverage Champ , you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer’s warranty, or to seek a return and refund for such product in accordance with Beverage Champ return policy.
Beverage Champ shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability or delays in procuring or shipping product or obtaining permits and licenses, inability in procuring supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Beverage Champ in the conduct of its business.
Prices; Typographical Errors
Prices are subject to change without notice. Global is not responsible for typographical errors. In the event a product is listed at an incorrect or outdated price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or due to the passage of time or change in market conditions, Beverage Champ shall have the right to refuse or cancel any orders placed for product listed at the incorrect or outdated price. Beverage Champ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Beverage Champ shall promptly issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Global reserves the right at any time after receipt of your order and prior to shipment, without prior notice to you, to supply less than the quantity you ordered and/or change the estimated delivery date and/or decline or cancel your order. Orders are subject to the priorities under the Defense Production Act.
Truck Shipment Terms
This order contains shipments that must ship via truck. The quoted shipping charges are for standard truck shipment to a dock designated to receive freight. Someone must be present to receive truck shipments. Shipments that require a call prior to delivery/24-hour notification, lift gate, inside delivery and/or residential delivery will incur additional charges.
The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. You acknowledge and agree that Beverage Champ is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold. Beverage Champ makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Manufacturers’ warranties for exported products may vary or may be null and void for products exported or transported outside the United States.
Terms of payment are within Beverage Champ sole discretion, and unless otherwise agreed to by Beverage Champ, payment must be received by Beverage Champ prior to Beverage Champ’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or ACH unless credit terms have been agreed to by Beverage Champ. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Beverage Champ may invoice parts of an order separately. Orders are not binding upon Beverage Champ until accepted by Beverage Champ. Any quotations given by Beverage Champ will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Beverage Champ does not sell products intended to be used as Aircraft Products. Beverage Champ shall not be responsible to Customer or any third party, including any customer of Customer, or liable for any liability, damage, loss, injury, demand, claim or suit that directly or indirectly arises out of or allegedly arises out of use of or is attributable or due to the products we sell being used by Customers or third parties as Aircraft Products. “Aircraft Products” means (i) aircraft, missiles or spacecraft and any ground support or control equipment used in connection with aircraft, missiles or spacecraft; (ii) products installed in or used in connection with aircraft, missiles or spacecraft, including spare parts, ground handling tools and equipment; (iii) training aids, instructions, manuals, blueprints, engineering or other advice; and (iv) any services and labor related to any of the above. Customer warrants that it shall not use or install or offer for sale an item purchased from Beverage Champ as an Aircraft Product. In addition, Customer shall not sell to any of its direct or indirect customers, any item purchased from Global which its customer intends to use as an Aircraft Product and shall advise its customers in writing of such prohibition.
Separate charges for shipping and handling will be shown on Beverage Champ’s invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Beverage Champ’s invoice. Delivery dates are approximate and products may be placed on backorder at Beverage Champ’s discretion. Where product availability is limited for any reason, Beverage Champ may fill orders or otherwise allocate products in any manner it deems appropriate, including as required by the Defense Production Act. Under no circumstances will Beverage Champ be liable for failure to ship, delay in delivery, or for Customer’s failure to receive products by a certain date.
Title/Risk of Loss
Title to products and risk of loss passes from Beverage Champ to you upon delivery to the carrier.
Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards.
Important Country of Origin Information
For certain items sold by Beverage Champ, the foreign country of origin information can change and what is display or in the catalog may not be accurate or consistent with manufacturer information at the time of order or shipment. For updated, accurate foreign country of origin data, it is recommended that you rely on product packaging or manufacturer information. With regard to product kits, country of origin may be undetermined as such kits contain multiple parts.
You agree that you will not divert, use, export or re-export the products contrary to United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes North Korea, Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.
These terms and conditions of sale may be amended at any time by Beverage Champ. The laws of the State of New York shall govern these terms and conditions of sale.
User Generated Content Policy
From time to time on certain areas of the Site you may be able to submit reviews, comments, feedback and certain other materials (collectively, “User Contributions”). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Beverage Champ in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of Beverage Champ, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.
You represent and warrant that you own or have a valid license to use the User Contribution submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of the User Contribution, and Beverage Champ’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
For any User Contribution that you submit, you grant Beverage Champ and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution and/or incorporate your User Contribution into any form, medium or technology throughout the world without compensation to you. Any User Contribution that you submit may be used and shared with authorized third-parties at Beverage Champ’s sole discretion. Beverage Champ sometimes offers gifts of nominal value to individuals for submitting reviews on the Site. Beverage Champ is committed to complying with government gift and ethics rules and therefore government employees are not eligible to receive such gifts..
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
All communications received by Beverage Champ via electronic mail or otherwise, including letters, questions and comments, may be posted on the Site or otherwise published by Beverage Champ. Such communications may be edited for length and clarity.
Certain links on the Site will allow you to leave the Site. These linked sites are not produced by Beverage Champ and Beverage Champ is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by Beverage Champ as a service to its customers, and the links do not necessarily imply endorsement by Beverage Champ.
The videos provided on the Site, as well as all content in the Resource Center are for informational, educational and promotional purposes only (the “Informational Content”). It is your responsibility to ensure compliance with all applicable laws, rules, codes and regulations and Beverage Champ assume no responsibility for the accuracy of the information contained in the Informational Content and disclaims any liability for omissions, errors or outcomes. If there is any question or doubt in regard to any element contained in the Informational Content, please consult a licensed professional. You may not rely on any information and opinions expressed in the Informational Content for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Informational Content. Under no circumstances will Beverage Champ be liable for any loss or damage caused by your reliance on any Informational Content.
These terms and conditions of use may be amended at any time by Beverage Champ. The laws of the State of New York shall govern these terms and conditions