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Terms and Conditions

BY SHOPPING AT OR OTHERWISE USING THIS WEB SITE www.ssbrewtech.com (the "SITE") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. The Parties:

    "Customer," "you," and "your" refer to anyone, whether an individual or business, that shops at or otherwise uses the Site. "Ss Brewtech," "us," and "we" refer to CM Brewing Technologies, Inc.

    2. Acceptance of Contract Terms:

      This Agreement and all of its terms and conditions constitute a legal contract between you and Ss Brewtech. By clicking below and shopping at or otherwise using this Site you acknowledge that you have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations, including, but not limited to, U.S. export and re-export control laws and regulations.

      These terms and conditions are subject to change, at Ss Brewtech’s sole discretion, at any time and without prior notice. By clicking below and shopping at or otherwise using the Site after a change has been posted, you accept the terms and conditions in effect at the time of such use. If you do not accept and agree to the terms of this Agreement, do not use this Site.

      3. Pricing:

        Prices are subject to change at any time at the sole discretion of Ss Brewtech.

        4. Orders; Payment Terms; Interest; Taxes:

          Orders are binding on Ss Brewtech only after Ss Brewtech accepts and confirms such order. Terms of payment are cash in advance, unless agreed to otherwise by Ss Brewtech in writing. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Ss Brewtech may invoice portions of an order separately. Customer is responsible for sales tax, if any, and any other tax associated with the order.

          In the event payments are not made in a timely manner, Ss Brewtech may, in addition to all other remedies provided by law, after adequate notice to Customer either: (1) Seek legal restitution for unpaid goods (2) repossess the goods for which payment has not been made; (3) withhold future shipments until delinquent payments are made; (4) recover all costs of collection including reasonable attorney’s fees; and (5) at Ss Brewtech’s option combine any of the above rights and remedies as provided by law.

          5. Freight Policy:

            Shipping and handling charges vary. For your protection, we ship only to the address provided by you. International shipping is not available.

            6. Return Policy:
              Ss Brewtech will accept returns of website standard stocking items, but only if:
                1. The item is new, unused, and in resellable condition;
                2. You notify Ss Brewtech and request a return authorization within 30 days of your receipt of the item;
                3. You return the item to Ss Brewtech, postage/shipping prepaid within 5 days of Ss Brewtech's return authorization (RMA);

              Once your items have been received by Ss Brewtech and verified to be unused, we will refund your purchase price, less shipping costs. Returns will incur a 10% restocking fee unless otherwise noted by a support representative in writing. Return shipping costs are your responsibility and shall not be paid by Ss Brewtech.

              The following items are non-returnable:
                • Custom orders
                • All Gaskets, Seals, and Tubing
                • Special or Discounted items – Such as B-stock or Cellarman Series:

                Please be sure you understand and agree to any drawings or photos supplied to you prior to purchase of custom or special order items. Payment of deposits for custom or special order items indicates your approval and acceptance of such custom or special order items.

                7. Warranty:

                  Ss Brewtech provides a one year limited warranty to the original purchaser that our product(s) will be free from manufacturing defects in material and workmanship.  The limited warranty covers only those defects and/or product failures that arise as a result of normal use, and does not cover any problems that originate from:

                  • Improper cleaning, care, installation, and maintenance
                  • Modifications made to a product
                  • Operation outside the product’s published specifications
                  • Damage caused by incorrect assembly
                  • Exceeding recommended operational limits
                  • Use of unauthorized chemicals, solvents, or vapors;

                   

                  Ss Brewtech reserves the right to request the original purchaser to return the defective item, at the purchaser's expense, before processing the warranty claim and issuing a replacement.  If a direct replacement is no longer available, a product that serves the same purpose with equal or greater value shall be awarded.  Ss Brewtech, at its discretion may also opt to simply refund the full purchase price in lieu of replacing the product.

                  Ss Brewtech limited warranty is only applicable to customer-direct sales of home brewing equipment.  Claims that materialize from products manufactured by Ss Brewtech, that are sold by another retailer, should be processed by the original retailer.

                  THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY OF SS BREWTECH FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF PRODUCTS AS SET FORTH ABOVE.

                  8. Limitation of Liability:

                    EXCEPT TO THE EXTENT SS BREWTECH EXPRESSLY ASSUMES LIABILITY HEREIN, SS BREWTECH SHALL NOT BE LIABLE FOR ANY DAMAGES FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. DAMAGES INCLUDE BUT ARE NOT LIMITED TO PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFIT, AND LOSS OF GOOD WILL ARISING OUT OF THE USE, OR THE INABILITY TO USE, MATERIALS OR SERVICES PURCHASED FROM SS BREWTECH, EVEN IF SS BREWTECH OR A SS BREWTECH AUTHORIZED REPRESENTATIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND DESPITE ANY FAILURE BY SS BREWTECH TO REPAIR OR REPLACE THE PRODUCT. 

                    CUSTOMER EXPRESSLY ACCEPTS THESE RESTRICTIONS ABILITY TO RECOVER DAMAGES AS PART OF ITS BARGAIN WITH SS BREWTECH.
                    9. Time of Delivery:

                      Ss Brewtech uses reasonable efforts to ensure timely delivery. All orders receive an estimated shipping date of 1-3 days after purchase. However, your actual delivery date can be affected by many variables. Therefore, Ss Brewtech is not liable for any cost or loss of income incurred due to late delivery.

                      10. Information Disclaimer:

                        Ss Brewtech uses reasonable efforts to include accurate and up-to-date information on the Site. However, Ss Brewtech makes no warranties or representations as to the accuracy of third party information contained on the Site and assumes no liability or responsibility for any errors or omissions. In addition, photos and drawings of products may differ slightly from the actual items purchased.

                        11. Title; Risk of Loss:

                          Title to goods purchased from this Site is retained by Ss Brewtech until goods are paid for by Customer. Upon full payment, title and risk of loss passes to Customer, except to the extent risk of loss is expressly retained by Ss Brewtech in this section. Loss or damage that occurs during shipping by a carrier selected by Ss Brewtech remains Ss Brewtech's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.

                          12. Export Sales:

                            If goods purchased at this Site are purchased for export, Customer bears full responsibility for obtaining all required federal and/or other licenses, permits, or other documentation that may be required before shipping to a foreign country. Customer acknowledges that manufacturers' warranties may vary or even be revoked for goods exported outside the United States and Customer bears the risk of such changes.

                            13. Privacy:

                              You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian present at all times. Please review our Privacy Notice, which also governs your visit to this Site.

                              14. Communications to Ss Brewtech:

                                Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-proprietary. Anything you transmit or post may be used by Ss Brewtech for any purpose. Furthermore, Ss Brewtech is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Ss Brewtech or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information and at no cost to Ss Brewtech.

                                15. Access, Interference

                                  Ss Brewtech grants you a limited license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with the express written consent of Ss Brewtech. The following activity on the Site is expressly prohibited: (1) Use of any robot, spider, other automatic device or manual process to monitor or copy portions of the Site or content contained therein without the prior written permission of Ss Brewtech; (2) Collection or use of product listings, descriptions, or prices from the Site for the benefit of another merchant offering products competitive with or comparable to those offered on the Site; and (3) Any use of, visits to, or other actions that impose an unreasonable or disproportionately large load on the Site or otherwise interferes with its proper and timely functioning.

                                  You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Ss Brewtech, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ss Brewtech logo or other proprietary graphic or trademark as part of the link without the express written permission of Ss Brewtech.

                                  Unauthorized use terminates any and all limited licenses granted by Ss Brewtech.

                                  Ss Brewtech does not review or control third-party sites that link to or from the Site and is not responsible for the contents of any third-party sites linked to or from the Site.

                                  16. Use Restrictions:

                                    Permission is granted to display, copy, distribute and download material on this Site for personal, non-commercial use only, and then only if you do not modify the material in any manner and only if you retain all copyright and other proprietary notices contained in the material. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed material including any and all electronically stored versions. You may not, without Ss Brewtech’s prior written permission, "mirror" any material contained on this Site to any other server. The unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

                                    17. Sited Within the United States:

                                      This Site is controlled and operated by Ss Brewtech from its offices located in the State of California, United States of America. Ss Brewtech makes no representation that materials on or available through the Site are appropriate or available for use in other locations, and access to them from areas or territories where their contents may be restricted or illegal is not authorized. Anyone choosing to access this Site from locations outside of the United States does so of their own initiative and is responsible for compliance with applicable local laws and regulations.

                                      18. Entire Agreement:

                                        In the event of a conflict between the terms and conditions stated on your purchase order or invoice and this Agreement, the provisions of this Agreement shall control. In the event of a conflict between the terms of the purchase order and the invoice, the terms of the invoice shall control.

                                        19. Conflict of Terms:

                                          In the event of a conflict between the terms and conditions stated on your purchase order or invoice and this Agreement, the provisions of Agreement shall control.

                                          20. Time of Order:

                                            The terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern each order or modification of an order.

                                            21. Electronic Records and Communications:

                                              Electronic records, including signatures, that are otherwise valid shall be accepted under the Agreement. Customer consents to receiving electronic records which may be provided via a web browser or e-mail application connected to the Internet.

                                              22. Choice of Law - Venue:

                                                Any claims relating to the use of this Site or the products listed on and/or sold through the Site are governed by the laws of the state of California. In the event any suit or action is brought by either party relating to, or to enforce any of the provisions of this Agreement, the parties agree that the exclusive venue will be in the Superior Court of California, County of Orange.

                                                23. Attorney fees:

                                                  If either party seeks enforcement of any term or provision of this Agreement, the party that prevails in the enforcement action may recover all costs, including attorney fees, reasonably incurred therein, including attorney fees and other costs on appeal.

                                                  24. Entire Agreement:

                                                    This Agreement contains the entire understanding and agreement of the parties with respect to the matters contained herein and is intended to fully integrate the parties' agreement. No prior negotiations, discussions, understandings or agreements which are not set forth in this Agreement will be binding upon or enforceable against the parties.

                                                     

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