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 of these terms and conditions.
HOW TO ORDER
Orders may be placed by authorized Borroughs dealers.
Attn: Storage Products Order Entry
3002 N. Burdick Street
Kalamazoo, MI 49004-3483
Storage Products: 1-800-748-0227 • Fax: 1-269-342-4161
(Orders Only) Fax: 1-800-375-1327
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.
ORDER CHANGES / DELAYED SHIPMENT OR ORDER CANCELLATION BY CUSTOMER
Orders may not be cancelled 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.
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 it will be responsible for paying 50% of the purchase order for standard products, and 100% of the purchase order if custom products or if 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.
All orders will be shipped F.O.B. shipping point. Shipments will be “best way” with freight charged prepaid and added to invoice. 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.
Customer Pickup / 3rd Party / Collect Shipments – Borroughs Shipping Department will contact the carrier that customer has chosen or our 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 order. Should the 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.
.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.
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 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. For returns due to customer’s failure to schedule delivery, customer will incur shipping fees, as well as the 30% restocking charge. 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 in this price list supersede all previous prices and are in effect as of the date of this publication. Prices are subject to change without notice.
NOT OFFER TO SELL
Possession of this price list is not to be construed as an offer to sell the products listed. Borroughs reserves the right to discontinue any item in this list 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.
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.
Borroughs LLC extends to the original purchaser from the date of purchase a limited lifetime warranty for Borroughs’ Automotive Workstations and Modular Drawer Cabinets 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, EXPRESS 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 PRODUCTS 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:
Customer Service Manager
3002 N. Burdick St.
Kalamazoo, MI 49004-3483.
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 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 covered thereby, and supersede all prior oral and written agreements or understandings relating to the subject matter hereof, including Customer’s quotations, proposals acknowledgements 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 of 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 of these terms and conditions shall not be construed as a waiver of the provision in any later instances.