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Birkova Products LLC
Terms and Conditions
Birkova Products LLC’s pricing in our Catalogs, Printed Material and Website is in US Currency unless otherwise stated on the material or quote. Prices are subject to change without notice. Prices on a valid quotation are honored as described on such until valid by date on such document. Quantity discounts may apply.
DISCOUNTS & PROMOTIONS
Birkova Products LLC runs promotions and special offers on many of its products and services. Promotional pricing is for set period of offer, price adjustments to previous purchases are not allowed.
If an offer is a ‘web’ promo it is only available at the discounted rate if purchased via the website and its payment channels. If an item is a regular ‘in-stock sale’ or ‘promotion’ or other ‘promo’, order may be placed via phone or email but order must be received at Birkova Products LLC no later than closing on expiry date of said promotion offer.
Quantity discounts may be available, check with your representative.
PRODUCTS & SERVICES
Birkova Products LLC makes every attempt to fulfill every order expediently and as described. However, Birkova Products LLC does reserve the right to substitute like product, change suppliers, and is committed to do so without compromising quality. Product may be discontinued at any time.
Birkova Products LLC requires a $50 net minimum order, plus shipping, handling, insurance and sales tax where applicable.
METHODS OF PAYMENT
Open Account terms if established may be paid via commercial check, ACH or Wire transfer. Prepayment term orders require payment via Cashier’s Check, ACH, Wire, or any major Credit Card.
CREDIT CARD PAYMENTS
All major Credit Cards are accepted: Visa, MasterCard, Discover and American Express.
Please note that normal Credit Card terms apply to charges authorized before shipment of product only, and/or same day as shipment of product and order processing, or at time of ordering in online orders placed through this website.
If order is placed via the website, or other means, and other charges apply upon order processing, for option selections, upgrades, custom, or shipping charges, you agree to provide valid Credit Card information to order processing personnel for remainder of purchase as agreed.
If Credit Card is choice of payment on an otherwise Open Account item after 15 days of invoice date, a 3% fee will be charged to the account as an account handling and maintenance fee, you, the customer understands this is not a fee for use of the credit card processing privilege, but of an account handling fee for changing the status of payment from open account to Credit Card after the invoice of open account has been processed and 15 days open account privilege has been extended.
Credit Card payment information will be collected for each and every order, credit card information is not normally stored in our database for future use, however if you ask for the credit card information to be stored you will be asked to sign an authorization form.
Credit card authorization may involve verification of card holder authentication. If the credit card holder or address does not match with ordering information for said job, additional information may be required, such as driver’s license of card holder and a signed release, in such cases shipment may be held until funds have cleared.
OPEN ACCOUNT TERMS
Birkova Products LLC’s terms are Net 30 days on established accounts.
Custom items and Capital equipment items and all orders over 50% of your open account credit limit, may require a down payment of a minimum of 30% of net order, 30% may be due on delivery and balance on open account terms. Birkova Products LLC extends to all established Customers the opportunity to enjoy the ease and benefits of Open Account Terms.
A completed credit application, and signed guarantee, is required to establish an open account. To establish an Open Account with Birkova Products LLC the customer agrees to all terms and conditions and policies of Birkova Products LLC, all inclusive, and will uphold the terms to the fullest extent.
Open Account status is granted at the sole discretion of the Accounts Department, and Birkova Products LLC retains the right to close or put on hold any account that is not upholding the terms agreed to, or is in delinquent status, or for any other reason that Birkova Products LLC management may deem as necessary.
PAST DUE ACCOUNTS - Upon acceptance of ‘open account’ status, customers agree to uphold the terms and to insure that payment on account is received before the due date, and agrees to reimburse Birkova Products LLC if the account is not paid in 30 days of invoice, for any and all charges incurred on the account for finance charges, account maintenance fees and collection costs (including all reasonable attorney fees).
2% per month finance charges will apply to all accounts past due. By acceptance of account terms or product/services receipt and invoice, Customer accepts full responsibility for all charges or any other fees that may accrue in the process of necessary account maintenance and collection proceedings that may arise due to the negligence of the customer to uphold the open account terms.
Customers agree that in placing an order with Birkova Products LLC either through online processing, or through a representative or on open account, regardless of method of payment, that they will provide valid, authentic form of payment.
If a credit card provided is not authorized, customer agrees to immediately provide separate form of payment via Wire, ACH or overnight delivery of a commercial check.
If Check or cashier’s check is issued to satisfy a debt, without open account terms on file, the customer agrees that Birkova Products LLC may at its sole discretion withhold shipment of goods until such tender has cleared the financial institution issued by.
If a check is issued that is not honored by the issuing financial institution as noted on the instrument, whether on open account or not, or a credit card transaction is refused by the credit card company after processing and is returned, the customer agrees to pay a $50 NSF fee and agrees to immediately provide a different form of payment to Birkova Products LLC, payment made good on a NSF transaction must be made within 5 days.
Birkova Products LLC retains the right to prosecute to the fullest extent of law any and all NSF transactions if it feels that these have been done knowingly or with intends to defraud, and treble damages will be sought, furthermore you agree to reimburse Birkova Products LLC for all attorney fees for prosecution of such.
You and your Entity, as ‘Customer’ grants Birkova Products LLC a security interest for any and all product received from Birkova Products LLC, and for any and all product that Birkova Products LLC performed service on, until the debt for product or equipment serviced as invoiced, is satisfied in full.
If product or services are ordered or contracted by a third party, it is the third party’s responsibility and by way of placing such order the third party, fully accepts responsibility for the terms and conditions of such, which includes but not limited to that the product covered by such invoice/purchase contract or agreement will remain the property of Birkova Products LLC until Birkova Products LLC has been paid in full for the product or services performed as invoiced, including all additional charges, installation fees, and shipping/handling costs – regardless whether the Entity or Facility of location of product or the product that service was performed on - has paid the third party for the equipment, goods or service or not. it is further understood, that the third party customer will accept full legal responsibility, to inform its ‘customer or the Entity or Facility’ of Birkova Products LLC’s interest in the product or equipment, and will indemnify and hold Birkova Products LLC, its employees, directors, agents, or anyone else operating in the best interest of Birkova Products LLC harmless of any claims or damages arising from such reclamation or repossession of such products or equipment.
Birkova Products LLC will retain the right to reclaim, secure, remove from premises or otherwise take over ownership of any said product or serviced equipment, until invoice for such debt is satisfied to its fullest, without limitation, including without limitation of time passed, property location, or use. If removal of such product requires de-installation, customer or third party contractor that is responsible for the invoiced debt, accepts full responsibility for all costs incurred in the removal (and any damages that such may inflict) and later re-installation should need be, costs of all shipping of product to and return to the facility/customer location and any other costs that may be incurred during the ‘repossession’ process. All expenses must be paid in full before redelivery or re-installation of product is performed and before product security interest is transferred.
Any changes to your account information, or financial information that may affect the status of your approved open account rating, will be provided to Birkova Products LLC immediately upon change.
In the event of a bankruptcy proceeding being entertained or proceedings being negotiated or filed, you will immediately notify Birkova Products LLC. You will not place an order to take advantage of open account status, if you are knowledgeable in any extent of a change to the financial security that may affect your account status (if you are aware a bankruptcy will be entertained, or legal proceedings have begun or been discussed for it or you will be filing for bankruptcy within 30 days) you will take full responsibility to use a different form of payment for goods, it will be accepted as a breach of contract to knowingly place an open account order if your financial status has been adversely changed or you are aware it will be within 30 days.
RETURNS & CREDIT ON ACCOUNT
By accessing Birkova Products LLC Site and doing business with Birkova Products LLC you understand and agree to the terms of Birkova Products LLC’s Return Policy.
All returns must be received by Birkova Products LLC within 30 days of receipt, no returns will be allowed without a valid RMA#, regardless of reason for return.
Refund or Credit will be issued as laid out in Policy, at Birkova Products LLC’s discretion.
Minimum 20% Restocking charges apply to all returns.
Customer accepts responsibility for freight cost and insurance of return of any item to Birkova Products LLC distribution point.
Birkova Products LLC Site, and its contents, all inclusive, are owned and controlled by Birkova Products LLC. Birkova Products LLC continually updates and improves its products and services to better serve our customer’s needs, to this end we reserve the right to edit, change, omit, and alter the Site at any time without notice. The Site is administered and controlled in the State of Nebraska, and is governed by the laws of Nebraska, for any and all Terms and Conditions as laid out herewith.
COPYRIGHT & TRADEMARKS – Copyright 2016, all rights reserved. Birkova Products and its Logo, and its ‘moons’ identity graphics and any other proprietary service marks of identity are all Trademarks or registered trademarks or service marks of Birkova Products LLC.
ACCEPTANCE OF TERMS
No other contract, expressed or implied, customer granted purchase contract or third party contract will supersede the Terms and Policies as laid forth in this Agreement, unless under explicit written, signed agreement of clearly stated terms and condition of agreement that is being agreed to as altered from terms herein. Fine print on a customer issued document for purpose of purchase is not sufficient to alter the terms and conditions of the foregoing, whether the overall document is accepted by Birkova Products LLC or a member of Birkova Products LLC or not, signed or unsigned. A term that deviates from Birkova Products LLC Policy must be clearly separated, called out, notated, and such specific term agreed to be altered in writing, and signed by a Managing Director or Officer of Birkova Products LLC for 'terms adjustment' for such deviation from policy to be legal or binding. You agree to and understand that entering into a customer relationship with Birkova Products LLC, using the website, and/or enlisting Birkova Products LLC's services or purchase of our products, you expressly and fully agree to the terms and conditions of Birkova Products LLC Policies, all inclusive, and agree to submit to the Courts of the State of Nebraska for enforcement of such.
Payment & Pricing
Questions about your Payment or Product Pricing?
Ordering Options: Contact a Birkova customer service representative via:
Mail: Birkova Products | 809 4th Street | Gothenburg, NE 69138
Email: email@example.com | Web: www.birkovaproducts.com
Please be advised to be specific in your question for our customer support to understand what information they will be able to support you with.
(Please allow up to 24 hours for a customer service representative to contact you.)
Methods of Payment Product Changes/Specifications
All orders on account may be paid via commercial check, money order, wire transfer or an established line of credit. Open account transactions must be in accordance with our terms (stated above). Payments can also be made by phone or fax using VISA, MasterCard, American Express or Discover Card. Birkova reserves the right to make changes in specifications, design, color and models for the improvement of a product(s) without prior notice. Any typographic, photographic, product description or pricing errors are subject to correction.
WARRANTY: Birkova guarantees that all products are supplied to the highest quality standards in the industry. Most products are covered by a 1 year warranty against manufacturers’ defects in material or workmanship. Birkova will replace or repair, at their discretion, any product covered by this warranty. Warranty does not apply to product with signs of misuse, abuse, alterations, or lack of reasonable care.
Defective products may be returned for evaluation within the warranty period that product is covered under. Defective merchandise will be replaced or repaired at Birkova’s discretion. Customers should familiarize themselves with products offered as to limitations, appropriate use and all applicable health and safety standards. Birkova is not responsible for labor or any special, incidental or consequential damages resulting from the use of any products offered through this catalog.
TERMS: Net 30 days on established accounts. 2% per month finance charges apply to all past due balances. Customer is responsible for all attorney & collection fees resulting from delinquent accounts. Credit cards are accepted at time of sale. Quotations/Bids are valid for 30 days, unless otherwise noted.
RETURNS: All returns must have an accompanying return merchandise authorization number (RMA number) regardless of reason for return; RMA must be requested in 30 days from invoice date and is valid for 14 days. Credit will be issued for product value only, subject to inspection, minimum 20% restocking fee may apply. Returned goods must be in new, unmarked, resalable condition. Custom, non-stock, disposable, and used goods are not returnable. All prices are FOB Birkova distribution point; freight charges are prepaid and billed, unless otherwise stated. Shipping claims must be reported within 24 hours.
Credit Cards or Debit Cards
Troubleshooting credit card & debit card payment errors
- If your card is new or recently reissued, make sure it has been activated.
- Double check the card type (ie. MasterCard), the account number and expiration date.
- Remove dashes or spaces from the account number.
- If everything seems to be correct, call the card issuer's customer service number on the back of your card. Your credit card company may need to speak with you before they authorize your purchase.
To prevent any unnecessary delays processing your order, please ensure that the billing addresses on your order matches the information on your credit card account. If you have recently moved or are unsure whether you receive your credit card statement at your work or home address, please contact your card-issuing bank using the number on the back of your credit card to confirm.
The card security code is a unique three or four digit number printed on the front (American Express) or back (Discover/MasterCard/Visa) of your card, in addition to the account number.
Shipping & Claims Policy
- Birkova Products LLC stocks a wide range of product and will make every attempt to ship same day (order receipt cutoff 2:30p.m. CST) or within 24 hours of ordering for these items, all other items will be processed and shipped in as expedient of manner possible, availability and supply will be confirmed upon ordering.
- Shipments will be processed Mon-Fri, excluding weekends and holidays.
- Birkova Products LLC does not ship product COD, does not ship to PO Boxes.
- Product from other suppliers or manufacturers that Birkova Products LLC carries, may be drop-shipped directly to your facility location, delivery times for these items may vary.
- Goods will be shipped FedEx Ground whenever possible. Shipping charges will be prepaid and charged. Please know that the shipping rates for many items we sell are weight-based. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
- Overnight Shipping, 2nd Day Air shipping, and expedited shipping is available upon request, on in-stock, small package delivery items that are able to be shipped via FedEx, please notify Birkova Products LLC of your preference for this on your order. You agree to pay for all charges for this service, and in the case of Rush order or Special handling orders, you agree to reimburse Birkova Products LLC for the handling charges for this service. Overnight service is not available for LTL shipments.
- Goods hand delivered by Birkova Products LLC representatives on your behalf, will incur delivery charges of a minimum $50 per delivery. A Birkova Products LLC packing slip is sufficient for required POD in these instances.
- All shipments that are not able to be shipped via a commercial package carrier, will be shipped ‘best way’ LTL or otherwise, unless otherwise agreed to on ordering. You agree to reimburse Birkova Products LLC for all such transportation charges.
- Shipments requested to be shipped under customer ‘shipping accounts’ or ‘third party billing’ service must be prearranged, and a ‘waiver of Terms’ signed agreement entered into with Birkova Products LLC. This service will still incur a minimum $10 fee for packaging and handling service of shipment.
- Birkova Products LLC retains the right to charge a min $10 fee on all Rush Shipments or shipments requiring special care.
- From time to time, Birkova Products LLC in-stock items become on Back Order, Birkova Products LLC makes every attempt to remedy this situation expediently, and will ship your product as soon as it is available, or in some cases may have it drop shipped from a different location or vendor.
- Shipments of capital equipment may require dock access, lift-gate service, inside delivery or in-service. If any of these additional services are required it is the express responsibility of the purchaser to request these services at time of order. Additional handling fees may apply for these services and you and/or your facility agree that upon entering into purchase of such equipment you agree to cover and reimburse Birkova Products LLC for such fees as may be incurred to provide these services for and on behalf of your facility.
- Shipments requiring a Lift-gate delivery, or delivery by a truck with capability to unload the equipment, whether to the door or into the facility as a service, will accrue additional handling fees of $100 - $500 depending on the level of service required for your facility, and any charges levied by the trucking company or delivery service enlisted. If these services are not requested at time of order by customer, it is understood that shipment will arrive via courier, truck, or delivery vehicle and the purchaser agrees his/her receiving personnel are capable, licensed and responsible to assist removal from such vehicle and will be responsible for handling from that point on.
- It is not the responsibility of the delivery service enlisted to analyze and facilitate the necessary service needed at time of delivery, if additional services are required or identified at time of delivery, not previously arranged for, you and your facility agree to work with the delivery team and Birkova Products LLC team to acquire these services. Last minute acquisition of these services will incur additional fees and you agree your facility will cover all such fees including but not limited to rearrangement of a delivery via different truck or vehicle, arrangement of different time of delivery or re-delivery, additional delivery personnel or handling, removal of crating/packaging materials and any and all additional services that may be performed to deliver the equipment to your specified location.
- If inside delivery or handling is identified to be required, not previously arranged, you and your facility accept full responsibility for the additional fees this will incur to safely and properly perform these services for your facility
- We can ship worldwide. Note: There are restrictions on some products, and some products cannot be shipped to international destinations. International shipments will be shipped ‘best way’, Birkova Products LLC will ship and charge for transportation shipping charges, however, all charges relating to customs, duties, or brokerage clearances in the USA or in country of destination will be the responsibility of the purchaser. Please know that the shipping rates for many items we sell are weight-based. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound. You agree to work with the necessary agents or officials for this service and to reimburse them accordingly. Any default of payment of such service or duty or charges that may get redirected to Birkova Products LLC for satisfaction, will be paid on your behalf and a service fee of a minimum $50 will be added, and total indebtedness on your account will be charged to your account in the manner that you paid for the invoiced goods. Product and shipping costs must be paid, and payment cleared thru USA banking clearing house, before release of shipment.
- All prices are F.O.B. Birkova Products LLC distribution point.
- By ordering a product or service from Birkova Products LLC you agree to pay for all shipping and handling charges connected with the supply of that product to you or your facility’s location, and for any return of such product for any reason.
- Birkova Products LLC prepays and charges all Shipping and Carrier services, and you agree to cover these costs upon payment for your product or service acquired, whether or not the shipping and handling charges are included in your initial quotation, order confirmation, or contract. If your product is prepaid, you agree to pay for the shipping/conveyance charges upon invoicing, and before shipment(s) are authorized, via the payment method approved for purchase of your order.
- Any other arrangement for payment or coverage of shipping charges must be pre-arranged and agreed to in express written agreement with Birkova Products LLC before entering into a purchase agreement or contract with Birkova Products LLC. You agree that shipment of product to you or your facility is for your benefit and you agree to hold Birkova Products LLC unaccountable for the charges of conveyance of such and harmless for any and all damage that may be inflicted in said conveyance or transit, delivery, and unpacking.
- No terms written in a customer issued purchase order or requisition from your facility or contract from a third party contractor will supersede or override these terms unless expressly agreed to in writing with Birkova Products LLC before said purchase is entered into, via a separate signed ‘waiver of Terms’ agreement. Birkova Products LLC’s acceptance of a purchase order or contract on your behalf does not in any way alter these terms, and does not in any way denote that Birkova Products LLC will alter its policies of such. Any alteration to these policies must be endorsed via a separate written document submitted to and agreed to and signed by authorized personnel of Birkova Products LLC prior to contract or ordering. Fine print in a purchase order or contract of purchase will not alter these Terms unless agreed to under separate signed contract with Birkova Products LLC. No other agreement, or terms will be honored by verbal consent or expressed terms.
- You or your shipping and receiving department/agent accept the responsibility to thoroughly inspect any product shipment received, immediately upon receipt, before signing for the delivery to insure there is no concealed damage and accept the sole responsibility of noting the original shipping documents upon signing for receipt with carrier of any or all damages noted, discrepancy’s, or shortages or loss of product in anyway. If you or your receiving agent are unable to immediately inspect the shipment, note the delivery document clearly “pending inspection”, with your signature, make sure you retain or make a copy of the delivery receipt for your records. You are ultimately responsible for any and all damages incurred by the trucking / delivery service if you do not retain the right for inspection as directed above, Birkova Products LLC will not assist you in processing a claim for any damaged shipment that these instructions have not been fully followed and adhered to. Packaging of any damaged shipment must be kept and kept intact, for inspection by carrier supervisor or claims agent or a Birkova Products LLC team member.
- Any damages or discrepancies must be reported to Birkova Products LLC within 24 hours of you or your facilities receipt of the product, and you agree to cooperate with Birkova Products LLC team to resolve this problem, expedite a resolution, and negotiate with the shipping company or carrier for repair of damages.
- You agree to and understand that receipt of damaged product due to carrier handling is not a result of Birkova Products LLC negligence and in no way constitutes reason or excuse for cancellation of order or request of return of product for credit.
- If packaging materials are discarded, mutilated, or damage is not documented and reported to Birkova Products LLC within 24 hours, no claim for damages will be accepted. You will have, in fact, have accepted fault for any damage to product as ‘after receipt damage incurred’, you will have received the product ‘as is,’ and you understand no damage claim will be honored, further, you agree to hold Birkova Products LLC harmless of any and all claim for damage or replacement of said product.
- Product shortages or discrepancies or received damaged, not due to shipping service or transporter negligence, must be reported to Birkova Products LLC within 24 hours for resolution.
- Some Carriers charge a Fuel Surcharge for shipments, additional handling fees for Oversize Packages and upcharges on BOL’s for reclassifications of freight than previously billed or quoted; in these cases Birkova Products LLC will have to regrettably pass on these additional fees or charges on all orders where applicable.
- Hazardous items, certain sprays or cleaners, and other items are required by transit law to ship Ground. Also, if additional charges are assessed by carrier for hazardous material handling these charges will be added to order.
- By accessing Birkova Products LLC Site and/or doing business with Birkova Products LLC you understand and agree to the terms of Birkova Products LLC's Return Policy. If your product is received, not as ordered, or defective, contact Birkova Products LLC within 24 hours for resolution.
Custom orders, non-stock product and orders manufactured or fabricated to customer specifications cannot be returned.
- Under special conditions, and at Birkova Products LLC’s discretion, Birkova Products LLC may accept a custom item on consignment, it must be paid for in full, and in original packaging, in unused condition, must be covered by a valid 'conditional RMA#', in which case Birkova Products LLC will attempt to re-market it, and when the item is able to be resold, Birkova Products LLC will credit your open Account for the amount of the ‘sale’ of the item, to a maximum of the amount originally billed to you for the item, this 'Credit on Account' will be applied towards oldest balances first, if no balance is on account it may be used towards future purchases.
- No refunds or credits are given on Shipping or Handling charges. Customer is responsible for shipping to and from their location, including costs incurred for any item returned to Birkova Products LLC. Birkova Products LLC may agree under special circumstances, such as a product recall, to reimburse facility/customer for costs of return shipping, at its own discretion, in which case Birkova Products LLC would issue a credit on account for these costs. The shipment and costs incurred for any return, for any reason, is the responsibility of the customer, it is recommended that proper insurance is claimed for the transportation of goods to Birkova Products LLC, to insure it is received by Birkova Products LLC in the condition you shipped it in, as you are responsible for its condition of return.
- No ‘pickup’ or 'call tag' return tickets will be issued for returned goods, customer is responsible for costs and care of returned items.
Returns must be accompanied by a valid RMA# or return will not be accepted, no credit for return will be issued.
RMA’s requested must be within 30 days of invoice day, and be for valid reason, and returned goods must be received by Birkova Products LLC within 30 days of invoice date, and be in unused, unopened condition in original packaging.
- All returns are subject to a minimum 20% restocking fee. If a returned item is refused for any reason, the customer will be notified and given the option to pay for return of the item to them or to issue a ‘pickup’ call tag with their own carrier to have it picked up from Birkova Products LLC distribution point.
- Credit Memos issued for returns received within 30 days will be applied to open account balances or refunded, at Birkova Products LLC’s discretion. ‘Refunds’ issued will be in the form of a Check, please allow 2-4 weeks for processing of refund.
- Returns received after 30 days (with valid RMA# that was timely issued), Birkova Products LLC retains right to inspect product, and accept or refuse return, at its own discretion, if inspection reveals ‘not in unused or unopened condition’ or ‘product is not in original packaging’ or ‘has been damaged, altered, or otherwise tampered with’ - in which case no credit will be issued. Birkova Products LLC may, under special circumstances, issue a partial credit with a minimum of 30% restocking fee.
- Credit Memos issued for returns after 30 days (with valid RMA# that was timely issued) or for other return reasons, and unless otherwise agreed to in writing at time of RMA issuance, will be credited to the account as a ‘Credit on Account’ and must be used within 12 months of issuance towards future purchases of products or services. ‘Credits on Account’ will expire after 12 months and credit will no longer be available for use by customer under any circumstance or condition.
- Customer agrees to and understands that doing business with Birkova Products LLC constitutes acceptance of the terms and conditions of Birkova Products LLC Return Policy and User Agreement and Terms and Conditions herein, and that should a credit on account expire, they will not at any time in the future attempt to arbitrarily apply it to a future purchase, as it will no longer be on the account to apply against, and it will jeopardize their account status, will constitute breach of contract, breach of agreed to terms, as well as may cause their account to enter delinquent status, all of which they agree to through the terms set forth herewith to help Birkova Products LLC recover any and all costs of collection or legal fees arising from such delinquency or breach.
- Expired 'Credit on Account' cannot be revoked or reissued under any circumstances. It is the customer’s responsibilities upon such return and credit issuances to use up the ‘Credit on Account’ balance within one year from date of credit memo date, towards future acquisition of product or services. ‘Credit on Account’ balances are non-transferrable to other Facility’s or subsidiary’s or affiliate’s, they are valid for redemption by the ‘account holder’ only, can only be used by invoices for products or services billed to the same customer having the same Birkova Products LLC customer account number as on the initial product invoice and credit memo issued.
Website User Agreement
- The Site is provided by Birkova Products LLC and may be used for informational purposes only. It is understood that the Site is primarily for the benefit and use of Birkova Products LLC’s customers and potential customers.
- By using the Site or accessing materials on the Site, you agree to abide by the Site Terms set forth herein, you agree that you are over the age of 18 and that you have the lawful authority to accept these Site Terms. If you are accessing the Site for your facility or any other entity, you hereby warrant that you are lawfully able to accept these Site Terms on their behalf and that such facility or entity agrees to indemnify Birkova Products LLC for any violation, breach, or claim from your use or the Site. If you do not agree, or are not over the age of 18, or are not legally able to accept these Site Terms as set forth or to abide by these Site Terms, please do not use or view the Site or download materials from the Site.
- Upon Birkova Products LLC’s belief that your conduct fails to conform to these Site Terms, Birkova Products LLC, in its sole discretion and without notice, reserves the right to block your access to the Site.
- Your acceptance of the Site Terms herein does not supersede or alter any other contractual terms you may have with Birkova Products LLC.
- By using the Site you are agreeing to the Terms of the Site and agree to strictly adhere to our Site Terms and Policies. You understand that Birkova Products LLC will exercise its right to investigate and to involve law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving the Site, or its contents. You hereby agree to cooperate with Birkova Products LLC and whomever Birkova Products LLC may engage to investigate or prosecute such infringement, or breach of the Terms of the Website or any of Birkova Products LLC’s ‘material’ whether digital or printed.
- No authorization is granted by use of the Site to copy, duplicate, store in a retrieval system or reproduce in anyway, any materials contained herein, unless you have been granted this license by express written consent of Birkova Products prior to such actions being undertaken.
- All materials, photographs, specifications, descriptions, product information on the Site are property of Birkova Products LLC (referred to herein as ‘Materials’) and protected by worldwide copyright laws and treaty provisions, all rights are reserved. By using the Site you agree to respect Birkova Products LLC’s proprietary rights over said materials to the furthest extent of the law.
- Birkova Products LLC grants its users limited right to use, access, refer to, view and display the Site and its materials for individual and facility use for information of Birkova Products LLC’s products and services; but in no wise does this license the user to use this material for personal gain, or commercial gain, or public use other than that of a direct customer to vendor relationship and/or transaction.
- You agree that Access to the Site does not grant you rights in anyway, expressed or implied to modify, download, copy, reproduce, or publicly display contents or materials of the Site, you further agree to respect to the fullest extent of the law all copyrights, trademarks, patents, trade secrets, and proprietary information contained on the Site, and not to allow or partake in or have knowledge of any infringement of such. Birkova Products LLC does not transfer title of any of its rights as such to any of the contents of the Site.
- Birkova Products LLC assumes no responsibility for errors or omissions in any of the content of the Site. The materials and contents of the Site are provided as informational to the best of our knowledge, Birkova Products LLC assumes no responsibility for, and makes no representation of, and does not guarantee its accuracy, correctness or reliability.
- The content of the Site is provided ‘as is’ and Birkova Products LLC makes no representation or warranties of any kind, either express or implied by or with respect to any content of materials or information within the Site or its printed materials, its products or services described therein or their performance, use, merchantability, fitness for a particular purpose, or use, or non-infringement of intellectual property relating to such content and shall not be liable for any content herein.
- By accessing the Site you acknowledge and strictly agree that it is for your benefit and interest only, you are in no wise to make judgmental decisions or be influenced for the functionality or purpose of use or suitability of any product or service in any way, that you will make your own knowledgeable choices, judgments, and decisions and will satisfy yourself as to the information and content without any influence from Birkova Products LLC in any way.
- You agree to hold harmless Birkova Products LLC its affiliates, subsidiaries, agents, employees, members and third party suppliers of any claims or damages arising out of the use, purpose, functionality, quality, content or lack thereof of any information, materials, photos, indexing, products, supplies and services obtained through the Site or Birkova Products LLC’s printed materials.
- Birkova Products LLC recommends that any one intending to rely on or to use any products mentioned on the Site or in our catalogs or printed materials, should satisfy themselves as to such suitability and that all applicable safety and health standards are met. No responsibility is assumed for labor, or any special, incidental or consequential damages resulting from the use of any of our products or services performed.
- Birkova Products LLC will update the Site periodically, and retains the right to update, correct, or change any data, content, omissions, errors, or pricing at any time. The content of the Site is provided for your convenience only. Birkova Products LLC attempts to make sure that all content and information herein is accurate and current.
- Your use of the Site, constitutes your full agreement to this User Agreement, Birkova Products LLC's Terms and Conditions, its Return Policy, Shipping Policy, and Legal Disclaimer Agreement, and signifies an acceptance of responsibility for any liability to yourself for breach of such, including but not limited to punitive liability for breach of copyright or trademark or proprietary information, or Attorney fees and Legal fees to prosecute such Breach.
Website Content & Legal Disclaimer
- Birkova Products LLC retains the right to update the Site at any time.
- Birkova Products LLC retains the right to grant or refuse access to anyone for any reason, without reason.
- By accessing the Site you expressly to agree to all Terms set forth in the Site and agree to defend, indemnify and hold harmless Birkova Products LLC, its affiliates, subsidiaries, directors, employees, agents and members against any claims, liabilities, damages, costs and expenses, either direct or indirect arising out of or related to any use of the Site or content thereof.
- Birkova Products LLC shall in no event be held responsible for the use of the Site, or in any way connected with use of the Site, or from the materials, contents, and information accessed through the Site. Birkova Products LLC is not responsible for any damages caused by or resulting from reliance by user on any information obtained from the Site. Birkova Products LLC makes no guarantee, expressed or implied that the Site or its material content is free from viruses, or any like malicious infection or damaging element.
- Birkova Products LLC graphic content of the Site, including its encoding, format, operation, look, feel, buttons, graphic color use and flow of content, headers, footers, photos and even data content is proprietary and is covered by copyright law, all rights reserved. Birkova Products’ Logo and all other product Brand Names that are owned by Birkova Products LLC are trademarks and/or service marks of Birkova Products LLC and are covered by USA and International copyright law, use of such, copy, or imitation of such, in part or in whole, is forbidden unless written permission is granted prior to such use.
- The photos and product images on the Site may not all be Birkova Products LLC proprietary property, however in such case this property is still covered by strict copyright law, as this property would be under use or loan as agreed on through Birkova Products LLC and its affiliates, and is used under agreement of protected copyright use, no copying, duplicating or downloading of these graphics or photographs is allowed unless by express written consent from Birkova Products LLC prior to such use.
- Birkova Products’ use of or mention of another website, page, product or brand, does not in any way constitute that Birkova Products LLC endorses or warrants the said brand, service, product or its purpose of use or merchantability, or quality, nor does it imply that Birkova Products LLC is associated, linked or affiliated with such entity, website, or brand.
- Birkova Products LLC may use or mention other products, not of its own brand, or registered trademarks of other company or product names or logos, these other names, trademarks, or service marks are property of their respective owners.
- Birkova Products LLC may include links on the Site to other websites or webpages not under the control of Birkova Products LLC or its affiliates. Birkova Products LLC does not accept responsibility for the privacy practices or content of any such linked site, and you understand that any such redirection to another website or webpage is your responsibility, and you agree you are solely responsible from any actions, damages, or otherwise you may encounter via these linked sites, and you agree to use your best judgement when sharing your personal information on these other sites or pages as well.
- A link to another site or page from this website does not in any way constitute an assumed or implied endorsement by Birkova Products LLC of the content, services, offerings, or merchantability of any such website or page.
- Birkova Products LLC Site is controlled, owned and administered from the State of Nebraska in the United States of America. Birkova Products LLC is a Nebraska Company, and is governed by the laws of the State of Nebraska. The Terms and Conditions of any Birkova Products LLC Policy as set forth herein shall be governed by the laws of the State of Nebraska. You agree to submit to the jurisdiction of the Courts of the State of Nebraska for any and all legal matters, disputes and resolutions that may arise involving or related to the use of the Site, Birkova Products LLC, its products or services, customer accounts, Collections or any other proceedings.
- No other contract, expressed or implied, customer granted purchase contract or third party contract will supersede the Terms and Policies as laid forth in this Agreement, unless under explicit written, signed agreement of clearly stated terms and condition of agreement that is being agreed to as altered from terms herein. Fine print on a customer issued document for purpose of purchase is not sufficient to alter the terms and conditions of the foregoing, whether the overall document is accepted by Birkova Products LLC or a member of Birkova Products LLC or not, signed or unsigned. A term that deviates from Birkova Products LLC Policy must be clearly separated, called out, notated, and such specific term agreed to be altered in writing, and signed by a managing Director or Officer of Birkova Products LLC for 'terms adjustment' for such deviation from policy to be legal or binding. You agree to and understand that entering into a customer relationship with Birkova Products LLC, using the website, and/or enlisting Birkova Products LLC’s services or purchase of our products, you expressly and fully agree to the terms and conditions of Birkova Products LLC Policies, all inclusive, and agree to submit to the Courts of the State of Nebraska for enforcement of such.
Warranties & Legal Disclaimers
- Birkova guarantees that all products are supplied to the highest quality standards in the industry. Most products are covered by a 1-year warranty against manufacturers’ defects in material or workmanship. Birkova will replace or repair, at their discretion, any product covered by this warranty. Warranty does not apply to product with signs of misuse, abuse, alterations, or lack of reasonable care.
- Defective products may be returned for evaluation within the warranty period that product is covered under. Defective merchandise will be replaced or repaired at Birkova’s discretion. Customers should familiarize themselves with products offered as to limitations, appropriate use and all applicable health and safety standards. Birkova is not responsible for labor or any special, incidental or consequential damages resulting from the use of any products offered through this website and or any printed catalogs or media.
- Seller's warranties do not apply to damage resulting from unauthorized installation, accident, casualty, alteration, or misuse. Seller’s warranties extend to original purchaser only. Entire Warranty: Seller makes no other warranty, express or implied, and seller expressly disclaims any warranty of merchantability or fitness for any particular purpose, and all other warranties are hereby expressly excluded. Seller shall have no other liability, direct or indirect, of any kind, including liability for special, incidental, or consequential damages.
- Customer's sole and exclusive remedy for breach of the foregoing warranties shall be the repair or replacement of the defective Product, or, at the Seller's option, a refund of the purchase price; provided (1) the Product has not been altered or modified by other than Seller, (2) it has been properly stored, installed, maintained and operated within the limits specified by Seller, and (3) Customer promptly sends to Seller notice of defect and satisfactory proof thereof, including allowing Seller the opportunity to inspect the Products, and in the event of repair or replacement, returns the product to Seller, freight prepaid. Defective parts replaced by Seller shall become the property of the Seller. Repaired or replacement parts will be shipped to the Customer FOB point of shipment.
- If the Product sold is not manufactured by Seller, Seller will extend to the Customer the same warranty protection Seller received from the original manufacturer.
- Seller is not responsible for any charges relating to warranty work or product replacement that have not been authorized by Seller in writing.
- Neither seller nor customer shall be liable to the other for special or consequential damages or for damages for loss of use arising directly or indirectly from any breach of contract, material or otherwise, or from any tortious acts or omissions of their respective employees or agents, and in no event shall the liability of seller exceed the price of the defective product or of the product subject to late delivery.