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NH Bragg Terms and Conditions

Privacy Policy

This privacy policy discloses the privacy practices for NHBragg.com. This privacy policy applies solely to information collected by this web site. It will notify you of the following:

1. What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data.
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

  • See what personal data we have about you, if any.
  • Change/correct any data we have about you
  • Have us delete any marketing data we have about you.
  • Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately at 207-947-8611 or customerservice@nhbragg.com.

Registration

You may choose to register on our website. In order to do this, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest.

Orders

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

Cookies

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Sharing

We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

Links

This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Survey and contest information may be used for marketing purposes if you choose to opt in.

Terms of Registration

Agreeing to the Terms of Registration indicates your acceptance of all applicable terms and conditions set forth in the Terms of Use, Terms of Sale, Privacy Policy, and Terms of Repair and Service (if applicable). You certify, represent, and warrant that all purchases made by or access granted to any employees or agents of your organization utilizing your NH Bragg account are authorized purchasers or representatives of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account number, user names, and passwords associated with the NH Bragg website. You expressly agree that all liability relating to password management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall NH Bragg be liable for any damages that result from the use of this service. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from NH Bragg.

Terms of Repair and Service

Thank you for selecting NH Bragg to service or repair the tool(s) you ("Purchaser") are submitting. NH Bragg's Service Center will be inspecting, and, as you requested, completing the appropriate estimates, repairs and services to the tools submitted or goods you request NH Bragg to inspect, repair or recondition ("Tool(s)") in a manner that is consistent with industry standards. Please understand, not every Tool may be repairable, but it is our intention to provide you with the services you've requested. In connection with the services we will be providing, the following terms will apply:

1. All estimates, repairs and service to the Tools will be conducted in conjunction with relevant industry standards. Any estimates provided will become invalid after the Tool is returned to the Purchaser.

2. All Tools received will be repaired if charges will be less than half the price of a new replacement tool, WITHOUT an estimate. The actual repair charges could vary for Tools needing only minor repairs versus major repairs.

3. Upon the successful repair of a Tool, it will be returned to the Purchaser in good working order. The following Limited Warranty replaces the Limited Warranty in the Terms of Purchase and will apply to the Tools repaired:

  • The repairs and parts for all Tools repaired by NH Bragg are warranted for 90 days from the date of repair, unless otherwise expressly stated in writing. NH Bragg will repair, during the period stated above, without charge, any defects due to faulty material or workmanship concerning the repairs performed. This warranty does not apply to accessories, damage caused by repairs made or attempted by others, alterations, or misuse.
  • THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS AND OF ALL OTHER OBLIGATIONS OR LIABILTIES ON OUR PART, INCLUDING RESPONSIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. The remedies provided herein are exclusive. This warranty gives Purchaser specific rights and you may have other rights, which may vary in certain states or provinces. IN NO EVENT WILL NH BRAGG'S LIABILITY OR DAMAGES FOR THE SERVICES PERFORMED EXCEED THE FEES OR CHARGES PAID AND RE-PERFORMANCE OR REFUND OF AMOUNTS PAID BY PURCHASER WILL BE THE PURCHASER?S SOLE AND EXCLUSIVE REMEDY.

4. If the Tool being serviced or repaired is covered under a manufacturer's warranty, NH Bragg will perform such work in accordance with the manufacturer's recommended procedures. In addition to the warranties provided under provision 3 above, the Purchaser may be entitled to additional warranties as afforded by the manufacturer. Please consult the manufacturer's terms of sale for further details. NH Bragg reserves the right to charge a handling fee for warranty repairs as required.

5. Provided a Tool is not repaired or cannot be repaired within the value range selected by the Purchaser, the Tool will be returned to the Purchaser (unless Purchaser specifically requests the Tool be discarded) and the Purchaser will be responsible for an Inspection Fee charged by NH Bragg. The Tool will not be reassembled. Upon return of the repaired Tool, the Purchaser agrees and understands the following:

  • This Tool has not been repaired by NH Bragg and it is returned to the Purchaser. This Tool may contain defects or faults and is not in good working order. It is recommended that this Tool be serviced or repaired prior to using it for the purpose it was intended, or to properly dispose of the unrepaired Tool. Upon receipt of this Tool, the Purchaser assumes all risk of loss, liability or injury arising out of use of the Tool by the Purchaser, its employees, or third parties.

6. Purchaser must pick up the Tool promptly from our store location after it is returned. All fees and costs of repairs must be paid before the Tool will be returned to Purchaser. If Purchaser fails to pick up your Tool within 90 days from the date the Tool is returned to the store, the Tool will be deemed abandoned and NH Bragg will dispose of the Tool at its discretion, with any proceeds applied to fees and handling costs.

The Terms of Purchase will apply to all Orders for Tool service and the Terms of Tool and Repair Service will be in addition to such Terms of Sale, unless stated otherwise herein. In the event of conflict between the Terms of Sale and the Terms of Tool and Repair Service, these Terms of Tool and Repair Service shall prevail for the performance of services by NH Bragg. If you have any questions concerning the terms of service noted above, please contact your local NH Bragg store.

Terms of Sale


Product Selection and Suitability

Most products offered by NH Bragg are obtained from multiple supply sources, located throughout the United States and internationally. Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While NH Bragg attempts to assure that its Products ("Product") comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the Product is installed or used. NH Bragg makes every reasonable attempt to ensure the quality of these supply sources and the Products they offer. As these Products are dynamic and versatile, NH Bragg shall not be responsible for how Products are used or installed and the Product's conformance to local or regional codes or regulations. Review the Product materials and application, and relevant code, regulations or ordinances, to be certain that the Product, its installation, and use will satisfy these requirements. In no event will NH Bragg be responsible for any loss or damage arising out of Purchaser's improper selection, misapplication or misuse of a Product.

Disclaimer

NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY NH BRAGG, OTHER THAN WHAT IS PROVIDED IN THE WARRANTY WHICH MAY BE AVAILABLE FROM THE PRODUCT MANUFACTURER. NH BRAGG DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.

Limitation of Liability

IN NO EVENT WILL NH BRAGG BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NH BRAGG'S LIABILITY FOR PURCHASER'S DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE PRODUCT.

Orders Terms

For approved Purchasers with established and acceptable credit, the terms of purchase are Net 30 days from date of shipment. For those without open accounts, all orders must be received with a cash payment or purchased through Visa or MasterCard. All payments must be in U.S. Dollars. If an open account Purchaser fails to make full payment within thirty 30 days from date of shipment, NH Bragg may defer any further shipments or other orders, or cancel any portion of an unshipped order. NH Bragg reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney's fees and costs incurred by NH Bragg in connection with any collection action for payment of the amounts due herein.

Pricing

Except where noted otherwise, the pricing displayed for products on our website represents fair market price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Pricing is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has been acknowledged and confirmed by you. Despite our best efforts, some items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Sales Tax

Applicable state and local tax will be charged on orders, unless Purchaser provides NH Bragg with a valid exemption certificate. Note your tax-exempt status when ordering.

Freight

Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of Product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier per Incoterms FCA.

Fees

NH Bragg will assess an additional fee for items designated as Hazardous Material. NH Bragg will make every attempt to designate an item as Hazardous Material on the company website. In all cases of confirming an order containing Hazardous Material, NH Bragg personnel will identify all items with this designation, whether or not the item(s) were designated as such online.
Circumstances may exist where we will require payment for online orders to be made in the form of a wire transfer (example, International Orders). NH Bragg will apply a fee to process the wire transfer. Contact must be made in advance with NH Bragg to request approval for a wire transfer. Following approval, NH Bragg will provide you with the necessary information to initiate a wire transfer.
Due to package sizes, dimensions, weights, carriers and destination locations, shipping charges may vary and will be verified at the time of order confirmation. Orders placed with a delivery outside of the contiguous United States tend to have higher shipping charges.

Online Orders & Authorization Holds

When placing an online order on NHBragg.com, as with many other merchants, NH Bragg places an authorization hold on your payment card account for the approximate amount of any purchase you make. These authorization holds are not actual charges; they are transactions to confirm that your payment card account is active and has available funds to accommodate a final sale transaction. Authorization holds are removed by your financial institution shortly after your purchase clears. The amount of time it takes to remove authorization requests varies by financial institution. The actual "sale" transaction (the time the "charge" is made to your payment card) is placed at the time of order shipment.

Cancellation and Returns

NH Bragg must approve cancellation of any order prior to shipment. Orders for Special or Non-standard Products may not be cancelled or returned. Any returns for shipping errors, damage or loss upon delivery must be reported within 10 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 30 days from the date of delivery to the Purchaser. Any cancellation or returns accepted after 30 days may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible. All returns should be made to a NH Bragg branch or as otherwise designated by NH Bragg, and must be in resalable condition and accompanied with an Invoice. NH Bragg does not take title to returned items until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return. In this situation, NH Bragg does not take title to the refunded item. Please contact us before returning items thought to be defective. While we can handle many of these items, some manufacturers require that you return defective product to them.

Terms of Use


Acceptance of Contract Terms

The following are terms of a legal agreement between you and NH Bragg. By accessing, browsing and/or using this web site or application published by NH Bragg (hereinafter "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Provided you purchase any Goods, Products or Services from NH Bragg by using this Site, your purchase will be governed by the applicable terms and conditions contained in our Terms of Sale, Terms of Repair and Service (if applicable), and our Privacy Policy. Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by NH Bragg on this Site. NH Bragg reserves the right, at its sole discretion, to periodically revise these Terms of Use, Terms of Purchase, Terms of Tool and Repair Service, Terms of Registration and Privacy Policy.

Acceptance of Contract Terms

The following are terms of a legal agreement between you and NH Bragg. By accessing, browsing and/or using this web site or application published by NH Bragg (hereinafter "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Provided you purchase any Goods, Products or Services from NH Bragg by using this Site, your purchase will be governed by the applicable terms and conditions contained in our Terms of Sale, Terms of Repair and Service (if applicable), and our Privacy Policy. Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by NH Bragg on this Site. NH Bragg reserves the right, at its sole discretion, to periodically revise these Terms of Use, Terms of Purchase, Terms of Tool and Repair Service, Terms of Registration and Privacy Policy.

Site Information Use

NH Bragg makes no representation that materials in the Site are appropriate or available for use in other locations, especially international locations, and access to them from territories where their contents are illegal is prohibited. Any cross-reference comparisons or references to competing products contained on this Site do not imply or suggest that in all cases the performance or functional equivalency of the referenced comparison is perfectly comparable. NH Bragg, at its sole discretion, may at any time revise or modify the information contained in this Site.

Submitted Information

Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a purchase card or other content. NH Bragg reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. All remarks, suggestions, ideas, graphics or other information communicated to NH Bragg through this Site will forever be the property of NH Bragg. Unless otherwise specified in writing, all material submitted to nhbragg.com will be presumed to be public and we will not be required to treat such information as confidential. NH Bragg shall have exclusive ownership rights of present and future existing rights in the information provided, without compensation to the person sending the information.

Copyright

The copyright in all material provided on this Site is held by NH Bragg or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of NH Bragg or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without NH Bragg?s written permission, "scrape" the Site with software tools or "mirror" any material contained on this Site on any other server. Any unauthorized use of any and all material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of NH Bragg and others. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Additionally, this Site may contain third-party trademarks and service marks. All third-party marks are the property of their respective companies. Access to this Site does not constitute a right to copy or use any of the intellectual property of NH Bragg or its suppliers.

Disclaimer of Warranty

The materials on this site are provided "as is" without warranties of any kind either express or implied. All information on this Site is subject to change without notice. To the fullest extent possible pursuant to the applicable law, NH BRAGG DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NH BRAGG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. NH BRAGG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NH BRAGG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, SOFTWARE DAMAGE OR EQUIPMENT DAMAGE ARISING OUT OF THE USE, OR INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF NH BRAGG HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. In the event your use of these materials results in the need for servicing, repair or correction of equipment or data, you assume any costs or expense for such needs.

Periodic Updating of these Terms and Conditions

NH Bragg may update these terms and conditions from time to time. Check this Site periodically for updates. Updates shall be effective the date such update is posted on the Site.

Governing Law

Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The laws of the State of Maine govern any claim relating to, and the use of, this Site and the materials contained herein. The Terms and Conditions contained herein will be construed, interpreted and applied exclusively in accordance with the laws of the State of Maine, excluding conflict of law rules. Legal action with respect to any transaction must be commenced within one year after the cause of action occurs. The provisions of the Uniform Commercial Code as adopted by the State of Maine shall apply, with no application of the United Nations Convention on Contracts for the International Sale of Goods.

Questions

Regarding NH Bragg Company's Terms of Use, questions should be directed to:

NH Bragg Company
92 Perry Road
Bangor, ME 04401

Or contact us at customerservice@nhbragg.com.

© NH Bragg, 2018 - All Rights Reserved

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