Terms of sale
Welcome to Barsetters!
Terms of Sale
These Terms of Sale (the “Terms of Sale”) govern all transactions between Barseters LLC (referred to as “Barseters”) and its Customers (as defined below) for the sale of goods and/or services. If there is an executed agreement between the parties governing services or goods contemplated by the applicable order, then the executed agreement shall govern. Any competing or conflicting terms from the Customer, such as those in a quotation, purchase order, or other document, are rejected and shall have no force or effect.
1. Defined Terms
(a) “Goods”: Includes all bar equipment, fabricated products, and custom bar station components described in an Order.
(b) “Services”: Includes design, consultation, fabrication, and installation services as outlined in an Order.
(c) “Order”: Refers to any quote, purchase order, or formal request from the Customer for Goods or Services from Barseters.
(d) “Customer”: The individual or entity purchasing Goods and/or Services from Barseters.
2. Acceptance
Customers accept these Terms of Sale by placing an Order, approving a quotation, or paying an invoice. No additional documentation is required to make an Order legally binding. Barseters reserves the right to review and negotiate project documents and, if necessary, withdraw an offer if terms cannot be mutually agreed upon.
3. Credit Approval
Barseters may extend credit terms at its discretion. Orders are subject to final credit approval, and Barseters reserves the right to cancel any sale due to credit concerns.
4. Terms of Payment
Unless otherwise agreed upon in writing, a 50% down payment is required upon acceptance of an Order, with the balance due prior delivery, or installation.
Late payments will incur a finance charge of 1.5% per month or the maximum rate permitted by law.
5. Shipment and Delivery
Barseters arranges transportation, its responsibility ends upon delivery to the Customer’s location.
Storage fees may apply if Goods are not picked up or delivered within agreed timelines.
6. Inspection
Customers must inspect Goods upon delivery and report missing or damaged items in writing within five (5) days. Failure to report within this timeframe constitutes acceptance.
7. Corrections
Barseters reserves the right to adjust pricing or terms due to errors, supply chain disruptions, or other factors beyond its control. Customers will be notified promptly.
8. Returns
Custom-fabricated items are non-returnable.
9. Limited Warranty
Barseters warrants that Goods will be new (unless otherwise specified) and Services will be performed in a workmanlike manner.
Barsetters LLC provides a one-year warranty on all refrigeration equipment, as well as other products, covering manufacturing defects and factory-related issues. This warranty ensures that any defects or problems caused during the manufacturing process will be repaired or replaced at no additional cost to the Customer. The warranty does not cover damages caused by misuse, improper installation, lack of maintenance, or normal wear and tear. For warranty claims, the Customer must provide proof of purchase and report the issue within the warranty period of one year since delivery of goods.
10. Delays
Barseters is not liable for delays caused by factors outside its control, including supply chain disruptions or Customer’s failure to meet obligations. Barseters may invoice for completed work or cancel Orders if delays persist.
11. Taxes and Fees
The Customer is responsible for all taxes.
12. Termination
Barseters may terminate an Order with 15 days’ written notice. Customers will be responsible for payment for completed Goods or Services and any non-cancelable custom items.
13. Governing Law
These Terms of Sale shall be governed by the laws of the State of Georgia, without regard to conflict of law principles.
14. Arbitration
Disputes shall be resolved through arbitration under the rules of the American Arbitration Association in Atlanta, Georgia. Arbitration shall be conducted on an individual basis, and class action claims are not permitted.
15. Confidentiality
Barsseters and the Customer agree to maintain the confidentiality of all non-public information shared during the course of their business relationship.
Revision Date: December 15, 2024