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This Product quote is valid for 90 days from date issued (the “Quote”). Freight companies cannot guarantee rates, re-run at time of shipment.
This Quote does not include State Sales Tax, unless otherwise noted in Quote.
The standard lead-time for Brock Products is 4 weeks (“Lead Time”). Lead Time is subject to change without notice, especially during the busy spring and summer production months. Contact your Brock USA, LLC (“Brock”) representative for exact timing. Brock is not liable or responsible for any delay damages.
Purchaser must pay in full or establish credit prior to shipment.
Brock will not accept returns or issue credit for any unused materials. Shipments will be deemed to have been accepted by Purchaser upon delivery of the said shipments to Purchaser unless rejected upon receipt.
Brock reserves the right to adjust freight costs within the Quote period.
Purchaser assumes all responsibility for labor and costs associated with off-loading and/or storage of material at the job site. 3rd Party Freight Carriers allow 1 free hour to off-load, after that detention fees are charged hourly, as is any Driver Assistance with Off-loading, not accepting Loads on Purchaser-requested scheduled delivery date, etc. Purchaser is responsible for any added freight or storage charges and will be billed as freight invoices become available. The Purchaser is responsible for any site delays to delivery vehicle unloading and any consequent costs. A forklift/pallet jack is required to off-load pallets and is not included on the delivery truck. Brock is not liable or responsible for any damage to the product caused during the off-loading process and Purchaser assumes all risk. Should any property damage occur during delivery by a Brock-booked 3rd party Carrier, Brock will provide the Owner the Driver’s Insurance information, and Property Owner/Entity is responsible to file an insurance claim through their insurance for reimbursement.
Purchaser agrees to provide the project owner (the “Owner”) with a copy of Brock’s limited warranty (the “Warranty”) prior to Owner’s decision to purchase the product. The Purchaser hereby agrees to defend, indemnify, and hold harmless Brock and its employees, agents, partners, affiliates, members, managers, directors, officers, and assigns (the “Brock Parties”) from and against all any and all claims that the Warranty is invalid or unenforceable as a result of Purchaser’s failure to provide Owner with a copy of the Warranty prior to Owner’s decision to purchase the product. In such event, Purchaser (and not Brock) shall be liable to Owner for all Warranty claims if the Warranty is declared invalid or unenforceable and Purchaser shall defend, indemnify and hold harmless the Brock Parties for all Warranty claims.
Brock is a material supplier and is not responsible for the installation of Brock products. Installation is the responsibility of the Purchaser. The Purchaser is responsible for ensuring that Brock installation guidelines are followed. The installation guidelines must be followed for the Warranty to apply, regardless of the laws of the state where the product is shipped and installed.
Warning: DO NOT leave open pallets or installed Brock panels exposed to sunlight other than during installation. Pad warranty is void if panels are exposed to sunlight or other source of UV light for more than 7 consecutive calendar days; or >21 cumulative days over the life of the panels.
Brock provides sub-base preparation recommendations as a service to the Purchaser. Certification of the sub-base is the responsibility of the Purchaser and Brock assumes no liability.
To the extent any of these terms and conditions are in conflict with any terms and conditions or contract terms issued by Purchaser, these terms and conditions shall control. All terms and conditions contained in any prior oral or written communication, including, without limitation, Purchaser’s purchase order, which are different from or in addition to the terms and conditions herein are hereby rejected and shall not be binding on Brock. All prior proposals, negotiations and representations, if any, are merged herein. Purchaser will be deemed to have assented to all terms and conditions contained herein if any part of the goods and/or services described herein are shipped or an invoice is presented in connection with the said goods and/or services. This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by Brock.
This transaction shall be governed in all respects by the laws of the State of Colorado (excluding all choice of law and conflicts of law rules). Any and all claims arising out of or related to this transaction shall be submitted to and settled by binding arbitration in Boulder, CO with the American Arbitration Association (“AAA”) or the Judicial Arbiter Group (“JAG”), as selected by the filing party, in accordance with the Large, Complex Commercial Arbitration Rules as published by the AAA, by a single arbitrator (the “Arbitrator”). The parties shall cooperate in selecting the Arbitrator. If the parties are unable to mutually agree upon the Arbitrator within ten days of service of the demand for arbitration, an Arbitrator with appropriate qualifications and experience shall be appointed by AAA or JAG (as the case may be). The Arbitrator’s decision shall set forth a reasoned basis for any award of damages or finding of liability. The Arbitrator shall not have power to award damages in excess of any limitations set forth in these terms and conditions or award punitive damages or any other damages that are specifically excluded under these terms and conditions, and each party hereby irrevocably waives any claim to such damages. The Arbitrator shall be bound by controlling law, including applicable statutes of limitation, to the same extent as if the dispute were brought in court. The prevailing party in any arbitration, suit or other action arising out of or related to these terms and conditions shall be entitled to recover from the other party all reasonable fees, costs and expenses incurred by the prevailing party in connection with the arbitration, suit or other action, including reasonable judicial and extra-judicial attorneys’ fees, expenses and disbursements and fees, costs and expenses relating to any mediation, arbitration or appeal. If any party secures a judgment in any proceeding brought to enforce or interpret these terms and conditions, then any costs or expenses (including reasonable attorneys’ fees) incurred in enforcing, or in appealing from, such judgment shall be payable by the party against whom such judgment or determination on appeal has been rendered and shall be recoverable separately from and in addition to any other amount included in such judgment. Subject to the right of the prevailing party to seek reimbursement from the other party pursuant to this Section 13 the parties agree to share equally the costs, including fees, of the Arbitrator selected or appointed under this Section 13.
Nothing in this Product quote is intended to grant any rights to the Purchaser under any patent, mask work right, trademark, trade secret, or copyright of Brock, nor shall this Product quote grant the Purchaser any rights in or to any Confidential Information of Brock except as expressly set forth herein. Sale of quoted Product to Purchaser does not constitute an express or implied license or an assignment of any intellectual property rights with respect to the same.
