Borroughs® Terms and Conditions
COPYRIGHT: All content included on the Sites, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws.
Additionally, you are prohibited from engaging in activities such as decompiling, reverse engineering, disassembling, renting, leasing, loaning, selling, sub-licensing, or creating derivative works from these Sites or their materials. However, Borroughs, LLC does grant you limited permission to print pages from the Sites on a local printer for personal use or for reference by third parties in relation to specifying and/or ordering Borroughs, LLC products, on the condition that the material remains unaltered and all copyright notices within the material are preserved.
TRADEMARKS: Borroughs, LLC retains all rights regarding its trademarks, trade names, brand names, logos, and trade dress (individually and collectively hereafter “Marks”). These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited. You may not use the Marks on the Sites without the prior written permission of the respective owner.
LICENSE AND SITE ACCESS: By accessing this Site, you are granted a limited license to use and access it for personal purposes. However, please note that no right, title, or interest in our Materials is transferred to you. Unless expressly authorized in writing by us, you are not permitted to download (except for page caching) or modify this Site or any portion of it. This license does not include the right to engage in any resale or commercial use of this Site or its Materials, collect and use product listings, descriptions, or prices, create derivative works based on this Site or its Materials, download or copy account information for the benefit of another merchant, or utilize data mining, robots, or similar data gathering and extraction tools. Reproduction, duplication, copying, selling, reselling, visiting, publishing, displaying, or any other form of exploitation of this Site or any part of it for commercial purposes is strictly prohibited without our express written consent. All rights not expressly granted to you in this license are reserved by Borroughs, LLC.
To access specific sections of these Sites, registration is required. By providing the requested registration information, you agree to receive periodic communications from Borroughs, LLC. In return, we grant you permission to download certain intellectual property, including product specifications, marketing literature, and technical documents. You have the option to opt-out of these communications at any time while retaining access to the register-only sections of the Sites. Rest assured that any information obtained through registration will be securely stored on a server that is not accessible via the Internet. It is your responsibility to restrict access to your computer and accept accountability for all activities conducted under your account and password. Borroughs, LLC reserves the right to terminate accounts or decline orders at its sole discretion.
Borroughs, LLC and our affiliated partners employ technologies such as cookies or similar tools to analyze trends, manage the website, monitor user activity on the website, and collect demographic data about our user base as a whole. Users have the ability to control cookie usage at the browser level. Borroughs, LLC does not sell, rent, or trade your personal information to third parties. However, in certain situations, Borroughs, LLC may share your information with select Borroughs, LLC affiliates who provide services on our behalf.
The content presented on the Sites is provided “as is.” While Borroughs, LLC makes every effort to ensure the accuracy of the Sites, the descriptions of products and services contained herein do not establish a warranty or guarantee regarding those products and services. Borroughs, LLC does not make any express or implied representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of the Sites or the information, products, services, or related graphics contained within them for any specific purpose. Therefore, any reliance on such information is entirely at your own risk.
Borroughs, LLC has taken extensive measures to ensure the accuracy of all the information provided on the Sites. However, we reserve the right to correct any inadvertent or typographical errors, inaccuracies, or omissions that may occur and to modify or update the information without prior notice. Additionally, please note that the descriptions and specifications featured on these Sites were accurate at the time of creation and may undergo periodic revisions.
GENERAL: All sales by Borroughs, LLC (“Borroughs”) shall be governed by any attached purchase order and these terms and conditions. The agreement between Borroughs and the buyer identified on the face of an order (“customer,” “you” or “your”) with respect to the sale of products described thereon shall consist only of that order and these terms and conditions. Borroughs objects to and shall not be bound by any additional or different terms in any subsequent communication from Customer to Borroughs. No action by Borroughs, including delivery of products or the commencement of work for Customer, will be deemed an acceptance by Borroughs of any purchase order from Customer with terms which are different than or additional to those contained in the attached order or these terms and conditions.
HOW TO ORDER: Orders may be placed by authorized Borroughs dealers, through our Borroughs website. All orders must show quantity, catalog number, description, color, and customer purchase order number (no purchase order number is necessary when ordering through our Borroughs website). Borroughs does not assume responsibility for errors on orders not submitted in writing.
ACKNOWLEDGMENT: Borroughs will issue a written Order Acknowledgment for each order accepted. Estimated ship dates are stated on Acknowledgments. All orders are considered correct as acknowledged. Order changes may affect estimated ship dates! Customer should review Acknowledgment promptly and notify Borroughs of any error. Hard copy Acknowledgments will not be issued until all the engineering has been completed.
When ordering through the Borroughs’ website, you will receive confirmation of your order via email.
ORDER CHANGES / DELAYED SHIPMENT OR ORDER CANCELLATION BY CUSTOMER: Orders may not be canceled or modified within 2 weeks of the estimated ship date unless Customer pays a penalty as described below.
Order changes, requests for delayed shipments and cancellations by customer will generate a written acknowledgment from Borroughs. Such written acknowledgment may create a partial or full billing based upon any changes.
Order Changes – Borroughs will issue a new Order Acknowledgment for each change from the original purchase order. Order Acknowledgments will include a new estimated ship date. Should the new estimated ship date cause shipment to be delayed beyond the end of a month, the Customer understands and agrees that they will be billed 50% of the amount of the purchase order. Payment terms will be the same as stated herein.
Orders placed through the Borroughs’ website, may not be canceled or modified after 24 hours of placing order.
CUSTOMER DELAY: Should the customer request a delay in the shipment of finished goods beyond the agreed ship date, then Borroughs will be entitled to immediately invoice the Customer the full amount of the purchase order or any unpaid portion of the purchase order.
CUSTOMER CANCELLATION: Should the customer cancel an order in production, the customer understands and agrees that they will be responsible for paying 50% of the purchase order for standard products, and 100% of the purchase order if custom products or paint and/or special parts or materials have been purchased by Borroughs. In addition, customer shall be responsible for any related cancellation fees charged by Borroughs’ vendors (with respect to buy-out products or otherwise).
SMALL/ MINIMUM ORDER POLICY: Borroughs has a $250.00 net, plus shipping costs, minimum charge for any order processed. SPECIAL MARKING AND PACKAGING – Custom crating, marking, palletizing, or export packing is subject to special pricing and quotations must be made in advance of order placement. Contact Borroughs’ Customer Service to determine exact charges.
Borroughs’ website policy has a $100.00 net, plus shipping costs, minimum charge for any order processed.
SHIPMENT TERMS: All orders will be shipped F.O.B. shipping point. Shipments will be “best way” with freight charged prepaid and added to invoice. Freight quotes are estimates and subject to change at time of shipment. Special carrier or special delivery arrangements can be accommodated, but only if requested in writing as part of the order. Special packaging costs, such as pallets, will be customer’s responsibility.
THIRD-PARTY SHIPMENTS / COLLECT SHIPMENTS / CUSTOMER PICKUP: Borroughs’ Shipping Department will contact carrier that the customer has chosen or the customer directly and will set up date and time for carrier to pick up order. When the date and time is scheduled, carrier has 24 hours to pick up the order. Should the customer or customer’s carrier not pick up the finished products within 24 hours of the appointment, customer understands and agrees that Borroughs will then ship “best way” with freight charged prepaid and added to the invoice.
PAYMENT TERMS: We are pleased to offer you the convenience of using credit cards as the primary method of payment for your purchases. Please carefully read and understand the following payment terms before proceeding with any transactions:
1. Credit Card Payments: We accept major credit cards, including Visa, MasterCard, American Express, and Discover, for all online purchases. You can securely enter your credit card information during the checkout process.
2. Secure Payment Gateway: Your credit card transactions are processed through a secure payment gateway to ensure the safety of your personal and financial information. We do not store any credit card details on our servers.
3. Authorization: By providing your credit card information, you authorize us to charge the total amount of your purchase, including any applicable taxes, shipping, and handling fees, to your credit card.
4. Payment Confirmation: Upon successful completion of your payment, you will receive an email confirmation with details of your transaction and order details.
5. Payment Processing Time: Credit card payments are typically processed in real-time. In the event of any issues or discrepancies, our customer service team will promptly contact you to resolve the matter.
6. Refunds and Cancellations: Refunds or cancellations for eligible purchases will be processed in accordance with our return policy. Please refer to our return policy for more details.
7. Fraud Prevention: To prevent fraud, we may conduct random security checks on certain transactions. If required, our team may reach out to you for additional verification before processing the payment.
Important Notice: Credit Card Information
At Borroughs, your security and privacy are of utmost importance to us. We want to assure you that we do not keep or store any credit card information on file. When you make a credit card payment through our online platform, your transaction is securely processed through a trusted and PCI-compliant payment gateway.
We understand the significance of safeguarding sensitive financial data, and as a result, we have implemented robust measures to ensure the protection of your personal and payment information. Rest assured that every credit card transaction you make with us is encrypted and conducted in a secure environment.
By adhering to these stringent security practices, we aim to provide you with a worry-free and seamless shopping experience. Should you have any further questions or concerns regarding payment security, please call our customer service team at 800-748-0227.
INVOICE PAYMENT TERMS: .5% -10 days; net 30 days. (Different terms may be applied outside continental U.S.). No cash discounts on freight, taxes, or services. A .5% per month finance charge will be added to all unpaid balances after 30 days. Customer agrees to reimburse Borroughs for all costs (including, without limitation, attorneys’ fees and court costs), incurred in the collection of any overdue amount. Whenever, in Borroughs’ judgment, the financial condition of the customer does not justify the continuation of production or shipment on the specified terms of payment, Borroughs may require full or partial payment in advance.
Thank you for placing your trust in us. We value your business and will continue to prioritize the security and privacy of your information.
COLOR UPCHARGE POLICY – INDUSTRIAL ORDERS: (see colors at end of document)
Color Upcharge (non-standard colors) 13% of Net Price of Borroughs Products.
Custom color Industrial orders, if accepted by Borroughs, will be subject to manufacturing schedules and an upcharge (13% Net Price of Borroughs Products) based upon material, quantity, and color. Samples must be approved in writing before order is accepted for firm shipping date. Custom colors will extend the lead time to an additional 2 weeks to get samples sent and approved. Manufacturing lead time is up to 6 weeks. Custom colors are not subject to cancellation or return and must be on one order and for one delivery location. Standard Colors are available at no additional charge.
ONLINE WEBSITE ORDERS: Custom Online color orders, if accepted by Borroughs, will be subject to manufacturing schedules and an upcharge (13% Net Price of Borroughs Products) based upon material, quantity, and color. Manufacturing lead time is up to 6 weeks. Custom colors are not subject to cancellation or return. Standard Black Color is available at no additional charge.
DAMAGED SHIPMENTS: Responsibility-Delivery to the carrier shall constitute delivery to the customer. Borroughs’ liability ends upon delivery of products to the carrier. Goods are shipped at the customer’s risk. All claims for product lost or damage in transit shall be made by the customer. If customer fails to give written notice of any damage or other nonconformity within five days of receipt, customer shall be deemed to have accepted the products.
Visible Damage – Should be noted on the freight bill and acknowledged by the driver’s signature.
Concealed Damage – Notify the freight agent if concealed damage is found within 15 days of delivery. Request an inspection. An inspection by Borroughs (or its designee) is necessary prior to filing a claim.
RETURN SHIPMENTS: Return shipments may only occur within 60 days of original shipment, and only with prior written authorization from Borroughs. Authorized returns must be packaged properly using original cartons. They are to be shipped with freight prepaid by customer. All returns are subject to a 30% restocking charge for In-Stock items. Custom product items and buy-out items (including custom colors) may not be returned. All returns are subject to any reconditioning charges determined necessary by Borroughs upon inspection of the returned goods.
PRICES: Prices are subject to change without notice.
NOT OFFER TO SELL: Borroughs reserves the right to discontinue any item on the Borroughs website without notice. Borroughs reserves the right to change material and design specifications at any time, and without obligation to make corresponding changes in products manufactured previously.
TAXES: Any manufacturer’s sales or excise tax, or any other tax or government charge now or hereafter levied upon the product or the sale, use or shipment thereof shall, at Borroughs’ option, be charged to the customer.
WARRANTY: Borroughs extends to the original purchaser from the date of purchase a limited lifetime warranty for Borroughs’ Automotive Workstations, Modular Drawer Cabinets, and Workbenches against manufacturing defects in material and workmanship.
For all other products, Borroughs extends to the original purchaser from the date of purchase a 5-year limited warranty against manufacturing defects in material and workmanship.
If a Borroughs product fails to perform because of a manufacturing defect, Borroughs will examine it. If found defective, it will be repaired or replaced at our option.
This warranty applies only to Borroughs products acquired directly from Borroughs or from Authorized Borroughs Dealers.
This warranty does not apply to any product which has been subject to misuse, negligence, or accident; has been damaged in shipment, storage, or installation; has been misapplied or has been modified or repaired by unauthorized persons or with non-standard Borroughs replacement parts. This warranty is exclusive, and exists in lieu of all other warranties, either expressed or implied. EXCEPT FOR THE EXPRESS WARRANTIES HEREIN, BORROUGHS MAKES NO OTHER WARRANTIES OR REPRESENTATIONS EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
The remedies described above shall constitute the sole recourse of customer against Borroughs for breach of any of Borroughs’ obligations under the purchase order and these terms and conditions. IN NO EVENT SHALL BORROUGHS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM ANY DEFECT, FAILURE, NONCONFORMITY OR MALFUNCTION OF THE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE IN ADDITION, IN NO EVENT SHALL BORROUGHS’ LIABILITY ON ANY CLAIM FOR DAMAGES ARISING OUT OF OR CONNECTED WITH AN ORDER OR THE MANUFACTURE, SALE, DELIVERY, OR USE OF THE PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCT PREVIOUSLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER.
This warranty gives you specific legal rights; you may also have other rights which may vary from state to state. Contact your Borroughs Selling Dealer, to obtain warranty service. You must make a written claim. Provide a copy of your purchase record and a written description of the warranty problem with your claim.
If you are unable to contact your Dealer, contact:Borroughs, LLC, Customer Service Manager3002 N Burdick Street, Kalamazoo, Ml 49004800-748-0227
MISCELLANEOUS: The purchase order and these terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Michigan, exclusive of any conflict of laws principles. Borroughs will not be liable for any delay in delivery of products when the delay is caused directly or indirectly by fire, flood, disease, pandemic, quarantine, accident, riot, acts of God, war, terrorism, governmental interference, strikes or other labor, difficulties, shortage of labor, fuel, power, raw materials or supplies, transportation delays, or any other cause or causes whatsoever beyond its control. The purchase order and these terms and conditions, constitute the entire agreement of the parties with respect to the matters coveredthereby, and supersede all prior oral and written agreements or understandings relating to the subject matter hereof, including Customer’s quotations, proposals, acknowledgments, and other documents. No course of dealing, course of performance, usage of trade or other agreement or understanding that purports to amend, add to, omit or waive terms and conditions from the purchase order or these terms and conditions shall be binding unless made in writing and signed by the Customer and Borroughs. The failure of Borroughs to insist on performance of any provision of the purchase order or these terms and conditions shall not be construed as a waiver of that provision in any later instances.
|Terms & Conditions|
|Product||#065Industrial Gray||#040Black||#B504Blue||#C386Red||#445White||#F604Pebble||#161Mist Gray|
|BOX EDGE PLUS® Shelving||Standard||Standard||Standard||Standard||Standard||Standard||Standard|
|Commercial Grade Shelving (RTA Clip Type)||Standard||N/A||N/A||N/A||N/A||N/A||N/A|
Note: Shelf Box Partitions are #445 White.
Standard Colors are available at no additional charge.
CUSTOM COLOR UPCHARGE: Custom color orders, if accepted, will be subject to manufacturing schedules and an upcharge of (13% Net Price of Borroughs Products) based upon material, quantity, and color. Samples must be approved in writing before order is accepted for firm shipping date. Custom colors will extend the lead time an additional 2 weeks to get samples sent and approved. Custom colors are not subject to cancellation nor return and must be on one order and for one delivery location.