TERMS OF SALE
THESE TERMS OF SALE INCLUDE AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND US. THIS PROVISION WILL:
- ELIMINATE YOUR RIGHT TO A TRIAL BY JURY; AND
- SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS OR CONSOLIDATED PROCEEDINGS.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
THIS WEBSITE INCLUDING THE INTEGRATED WHOLESALE CUSTOMER CARE PORTAL IS INTENDED FOR USE BY WHOLESALE CUSTOMERS ONLY. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU ARE NOT A WHOLESALE CUSTOMER WITH A PREEXISTING ACCOUNT.
These terms and conditions (these "Terms") apply to the purchase and sale of products through www.burmax.com (the "Website"). These Terms are subject to change by The Burmax Company, Inc (referred to as "Burmax", "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product that is available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
1. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Burmax and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 1-800-645-5118. ALL TERMS CONTAINED IN A CUSTOMER’S ORDER THAT ARE DIFFERENT THAN OR INCONSISTENT WITH THESE TERMS OF SALE ARE HEREBY EXPRESSLY REJECTED AND OF NO FORCE OR EFFECT.
2. General Terms; Prices; Payment Terms.
- You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Burmax and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 1-800-645-5118. ALL TERMS CONTAINED IN A CUSTOMER’S ORDER THAT ARE DIFFERENT THAN OR INCONSISTENT WITH THESE TERMS OF SALE ARE HEREBY EXPRESSLY REJECTED AND OF NO FORCE OR EFFECT.
- All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion. Burmax’s standard credit terms are Net 30 days. Credit terms are available to customers who meet established credit requirements. Burmax Credit Application Forms can be filled out online at www.burmax.com.
- For new accounts, the first order must be paid in advance of shipment by either cash in advance, ACH/EFT payment, or by credit card (Burmax accepts American Express, MasterCard, Visa and Discover). Orders paid by credit card are subject to a 2.99% processing fee are not eligible for discounts. All Wire transfers must be approved in advance. Company checks will be accepted after an account has been established and a credit application approved. Returned checks are subject to a $35.00 surcharge and may result in a customer’s check privileges may be revoked.
- All customer credits are non-refundable, must be applied to future orders, and must be taken within 12 months of the date they are issued.
3. Shipments; Delivery; Title and Risk of Loss
- We will arrange for shipment of the products to you. Except as provided herein, the Customer will pay all shipping and handling charges.
- For all orders with a merchandise value of $1595 or more (excluding taxes and freight), that are shipped at one time (excluding backorders) to a single destination within the continental United States, you may be deducted freight charges from your invoice if payment is made within 10 days of receipt of the merchandise.
- Burmax will pay the freight on all pre-paid orders with a merchandise value of $1595 or more (excluding taxes and freight), that are shipped at one time (excluding backorders) to a single destination within the continental United States.
- Burmax will pay the freight on all orders with a merchandise value of $900 or more (excluding taxes and freight), that are shipped at one time (excluding back orders) to a single destination in the New York metropolitan area (i.e., Manhattan, Queens, Brooklyn, Bronx, Nassau and Suffolk counties). For the avoidance of doubt, Staten Island and Westchester County are not considered within the New York metropolitan area.
- Shipments to destinations outside the continental United States are not eligible for freight allowances.
- Furniture and drop ship items are not eligible for Burmax freight allowances.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Burmax is not liable for any delays in shipments.
- All shortages must be reported within 10 days of the receipt of goods to be honored. You must check your shipment for freight damages before accepting the goods from the carrier (UPS, FedEx, etc.). All readily ascertainable damages must be noted on the bill of lading at the time of delivery. All other freight damages must be reported within 10 days of receipt of goods.
- If an order is returned or refused, Burmax will reship the order upon the customer’s approval. Additional freight charges will be applied to the Customer’s invoice. We reserve the right to apply restocking fees and any applicable shipping charges on all returned or refused orders.
- Any item that contains hazardous matter as defined by U.S. Government. A $48.00 hazmat fee assessed by the transportation company (UPS, FedEx, etc.) will be added to the invoice for each carton shipped containing a hazmat item. Pallet orders are charged a single $48 fee per pallet.
4. Returns and Refunds.
- Burmax will accept returns within 30 days from date of purchase on all merchandise provided it is returned in its original package, in resalable condition freight prepaid.
- To ensure prompt and efficient handling of your returns, you must obtain a Return Merchandise Authorization number (“RMA No.”) from the Burmax Customer Service Department. Please call 1-800-645-5118 to obtain this number. This RMA No. will be valid for 60 days.
- ALL returns must include the RMA No. on the outer shipping carton. Failure to include the RMA No. on the outer shipping carton may result in your return will not be accepted.
- Discontinued merchandise and other merchandise designated as non-returnable at the time of purchase cannot be returned. Merchandise purchased from the clearance pages cannot be returned unless defective.
- A restocking charge of up to 25% of an item’s invoice price may be applied to all goods returned in Burmax’s discretion.
- Imprinted merchandise may not be returned.
- The customer is responsible for all shipping and handling charges on returned items and bears the risk of loss during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
5. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
NON-BURMAX BRANDED PRODUCTS ARE SUBJECT TO THEIR MANUFACTURER’S WARRANTY. ALL WARRANTY CLAIMS FOR NON-BURMAX BRANDED PRODUCTS MUST BE MADE DIRECTLY TO THE MANUFACTURES IN ACCORDANCE WITH THE TERMS OF THE WARRANTY INCLUDED WITH THE PRODUCT AND/OR SPECIFIED ON THE MANUFACTURER’S WEBSITE. BURMAX DOES NOT WARRANT NON-BURMAX BRANDED PRODUCTS.
FOR BURMAX BRANDED PRODUCTS WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM BURMAX WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE DISCLAIM ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES ON THE PRODUCT INCLUDING, WITHOUT LIMIATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE BURMAX BRANDED PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from Burmax. It does not extend to any subsequent or other owner or transferee of the product.
- What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in Burmax branded products purchased from Burmax.
- What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- improper use;
- failure to follow the product instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us;
- unauthorized repair;
- normal wear and tear; or
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
- What is the Period of Coverage?
This limited warranty lasts for six (6) months from the date you purchase the products (the “Warranty Period”); provided, however, that the Warranty Period for LATHER-M is one (1) year from the date of purchase. The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
- What Are Your Remedies Under This Warranty?
With respect to any defective Burmax branded products during the Warranty Period, we will, in our sole discretion, either:
- repair or replace such products (or the defective part) free of charge or
- issue the customer a credit equal to the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
- How Do You Obtain Warranty Service?
To obtain warranty service, you must call 1-800-645-5118 or email our Customer Service Department at email@example.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
- Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED FROM BURMAX, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 9 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage
8. Governing Law.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
9. Dispute Resolution and Binding Arbitration.
YOU AND BURMX ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 10. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BURMAX WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Burmax.
12. No Third Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by:
- sending a message to the email address you provide or
- by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows:
- by facsimile transmission to 1-631-289-7590 or
- by personal delivery, overnight courier or registered or certified mail to Burmax, 28 Barretts Avenue, Holtsville, NY. 11742. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
15. Entire Agreement.