Terms and Conditions
Carefully review these terms and conditions. By accessing and using our newsletter, content or website, you agree to follow and be bound by these terms and conditions. You acknowledge (i) that you have read and understood these terms and conditions and (ii) that these terms and conditions have the same force and effect as a signed agreement. If you do not agree to follow and be bound by these terms and conditions, you may not access, use, or download materials from our newsletter, content or this website.
Any reproduction of artwork, material, photographs or information appearing on the pages of these web sites is prohibited without prior written consent of the Pit Barrel® Cooker Co., LLC. This content is for your personal and non-commercial use only. You agree not to modify, copy, send, print, communicate, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Pit Barrel® Cooker Co., LLC, it’s newsletter, content or website without written authorization.
Pit Barrel® Cooker Co., LLC is the content owner, unless otherwise indicated. Content is protected by U.S. and foreign copyright and trademark laws. If you use the materials or trademarks in a way that is not clearly allowed by these terms and conditions, you are violating your agreement with us and may be violating patent, copyright, trademark, and other laws. In that case, we automatically revoke your permission to use our newsletter, content or website. Content and features are subject to change or termination without notice in the editorial discretion of Pit Barrel® Cooker Co., LLC. All rights not expressly granted here in are reserved to Pit Barrel® Cooker Co., LLC and its licensors.
The website content, including, for example, all page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trade dress, copyright and/or other intellectual property rights or licenses held by Pit Barrel® Cooker Co., LLC, by our affiliates or by third parties who have licensed their material to Pit Barrel® Cooker Co., LLC. The entire content of the website is protected under U.S. copyright laws, and Pit Barrel® Cooker Co., LLC owns a copyright in the selection, coordination, arrangement and enhancement of the website content. Trademarks, including logos, and service marks displayed on this site are the property of their respective owners, and may be registered or unregistered trademarks. Unless otherwise noted, ™ indicates that the name is a trademark of, or licensed to, Pit Barrel® Cooker Co., LLC or one of its subsidiaries.
‡ Trademarks, including logos, and service marks, marked with a “‡”
You hereby agree to indemnify and hold harmless Pit Barrel® Cooker Co., LLC from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Pit Barrel® Cooker Co., LLC directly or indirectly by reason of (i) your use of or access to this content or the website; (ii) your violation of these terms and conditions; (iii) any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing this content or the website using your Internet account; (iv) from any transaction you conduct as a result of the contact facilitated by the content or website; (v) from your property posted on the website; or (vi) from your infringement of any intellectual property rights in any posting to or transmission of this content or via the website.
In the event that any provision of these terms and conditions shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. Pit Barrel® Cooker Co., LLC’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
These terms and conditions shall be governed by and construed in accordance with the laws of the state of CALIFORNIA without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms and conditions. You hereby consent to personal jurisdiction by the state and federal courts located in Sacramento, California.
Pit Barrel® Cooker Co., LLC may assign our rights and duties under these terms and conditions without such assignment being considered a change to the terms and conditions and without notice to you. You may not assign these terms and conditions without the prior written consent of Pit Barrel® Cooker Co., LLC.
These terms and conditions, any operating rules, policies, or procedures that may be posted from time to time by Pit Barrel® Cooker Co., LLC on this website, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
Nothing contained in these terms and conditions shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
Legal Notices and Patents:
Learn more about the patents we hold for our products. Additional products may be patent pending. The foregoing Terms & Conditions of Use are incorporated herein by reference.
Portable Barrel Cooker Products: U.S. Patent No. 8,919,334 and Patents. B2https://www.google.com/patents/US8919334. Contact Pit Barrel® Cooker Co., LLC for a complete list of any non-U.S. Patents.
Accessories: Multiple products are patent pending. Please contact Pit Barrel® Cooker Co., LLC for a complete list.
CREDIT CARD PAYMENTS. The details containing your electronic payment are securely transmitted from our payment gateway to our credit card processor for the sole purpose of authorizing your transaction so that we may provide our goods and services to you.
INFORMATION SHARING. pitbarrelcooker.com, badgerbarrel.com and endgrainusa.com do not share customer information with anyone. However, user information may be disclosed to government authorities or other third parties when required or permitted by law, including, but not limited to, in response to court orders and subpoenas. We also may disclose user information in connection with investigations or when we have reason to believe that someone is causing injury to or interference with our rights or property.
Terms & Conditions of Sale:
The Pit Barrel® Cooker Co., LLC entity furnishing the goods is referred to as "Seller" and you or your company is referred to as "Buyer." These Terms and Conditions of Sale apply exclusively. We do not accept conflicting general business terms and conditions of the Buyer, or any Buyer terms and conditions which differ from our Terms and Conditions of Sale unless we expressly agree in a writing which states that Buyer’s terms and conditions shall apply and govern any conflict between these Terms and Conditions of Sale and those of the Buyer.
SALE. Buyer and Seller agree that from time to time, Seller may sell goods to Buyer, and Buyer shall purchase said goods according to the terms of Seller’s invoice and the terms set forth herein.
DELIVERY. All sales shall be F.O.B. carrier. Risk of loss and title to merchandise shall pass upon delivery of the goods to the carrier. All costs of transportation shall be borne by Buyer, whether or not prepaid by Seller, unless otherwise specified. Buyer must file all claims for loss or damage in transit against the carrier. Buyer acknowledges and states that all warehouse employees shall be empowered and authorized to accept and sign any bill of lading acknowledging receipt of the product.
TERMS OF PAYMENT. Terms of payment are noted on Seller’s invoice. Interest will be charged at 18% per annum or the maximum legal rate on all past due accounts. Discounts for prompt payment will be allowed only as specified on Seller’s invoice. Seller reserves the right, in its sole discretion, to cancel any order, delay shipment, or demand immediate full or partial payment in advance of delivery if Buyer’s credit standing, or ability or willingness to pay, is called into question by an event or circumstance, including, but not limited to Buyer's default of any obligation owed to Seller.
A claim (“Claim”) must be specified in writing to Seller within three business days of delivery. The claim shall include the following: (1) date of delivery; (2) carrier's name and driver's name; (3) description of the goods; (4) tally of goods; and (5) specific objection of Buyer to the goods, as received. Failure of Buyer to make a claim with in three business days of delivery constitutes irrevocable acceptance of the goods and a waiver of Buyer's right to revoke acceptance.
In the event a Claim is timely and properly made, the shipment shall be held intact by Buyer. Seller shall have 30 days in which to inspect the goods on which a Claim is filed, and to decide whether or not to accept Buyer's Claim. If Seller does not accept Buyer's Claim within 30 days, it shall be deemed rejected. In all cases, Buyer's exclusive remedy shall be limited to the return of the goods to Seller, freight prepaid, and obtain repayment of the price. At Seller's option, Seller may repair the nonconforming goods or deliver replacement goods to Buyer at no charge.
Buyer shall not set-off or otherwise deduct any damages, whether actual or alleged, from payments due Seller, unless such set-off is authorized in writing by Seller. Any unauthorized set-off by Buyer shall result in the immediate suspension of Buyer's credit.
LIEN RIGHTS. Seller shall retain its lien rights for all goods supplied to Buyer until such time as full payment for said products has been received, the check has been properly endorsed, and funds have been paid by the bank upon which the check is drawn.
CREDIT CARD CHARGEBACKS. While Seller does accept credit card payments from Buyer, Buyer agrees to defend and indemnify Seller to the fullest extent of the law from any and all damages, including but not limited to costs of collection and Seller’s attorney fees, relating to any disputed credit card charge or transaction. Buyer agrees to submit a claim to Seller in writing within the time set forth for making a Claim above, and in no case later than 30 days from the date of any disputed credit card charge or transaction. Thereafter, Buyer forever waives and releases any claim or right to dispute a credit card transaction, charge, or sale of goods hereunder.
SALES TAX. Any sales tax or other form of tax, and any inspection fee or other charge imposed by any governmental authority, is to be added to the price and paid by Buyer, and all sales are subject to any governmental action by which they may be affected.
CANCELLATION. Seller reserves the right to cancel or extend the time for delivery because of delays caused by accidents, strikes, sabotage, labor shortages or disturbances, impediments in transportation, car or vessel shortages, fire, flood, war and government commandeering, inability to obtain raw materials, or any other events and causes beyond Seller's control. All shipments are subject to final approval by Seller's credit department.
WARRANTY. If Seller is not the original manufacturer of the goods, any warranty is limited to the terms of the original manufacturer’s warranty and all claims shall be directed solely to the original manufacturer. Buyer’s exclusive remedy for goods manufactured by Seller is limited solely at Seller’s option to repair or replacement of the goods or to compensation for the value of the goods.
THERE ARE NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE GOODS. SELLER SHALL NOT BE LIABLE FOR THE DAMAGE OR LOSS OF PROFITS RESULTING FROM THE USE OR SALE OF THE GOODS OR FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, OR FOR COMMERCIAL LOSSES, OR FOR ANY OTHER LOSS OR DAMAGE EXCEPT AS EXPRESSLY SET FORTH ABOVE. NO ACTION FOR ANY BREACH OF WARRANTY SHALL BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE OF SHIPMENT.
LEGAL FEES AND COLLECTION COSTS. To the fullest extent of the law, all costs of enforcement of these Terms and Conditions of Sale and collection of any balance due, including, but not limited to, reasonable attorney's fees incurred by Seller, shall be paid by Buyer.
BINDING EFFECT. In the absence of a written agreement executed by both Buyer and Seller, these Terms and Conditions of Sale shall apply to each and every purchase made by Buyer from Seller and, in conjunction with Seller’s invoice, shall supersede all prior negotiations, discussions, drafts, and oral or written representations that are not expressly set forth herein or in Seller’s invoice.
APPLICABLE LAW AND DISPUTE RESOLUTION. The laws of the State of California shall apply in the construction of these Terms and Conditions of Sale or any dispute arising between the Buyer and Seller (the “Parties”) without giving effect to such jurisdiction’s conflict of laws principles. The Parties agree that any dispute that arises between them shall be resolved through binding arbitration in accordance with the California Revised Uniform Arbitration Act, as may be amended from time to time(“CRUAA”). The Parties agree that they will share equally in the cost of any such arbitration, and that any arbitration shall be at a location, date and time which is mutually agreeable to the Parties within ninety (90) days following receipt of written demand for arbitration. If the Parties are unable to stipulate to the location, date and time for the arbitration within thirty (30) days following written demand, the arbitration shall be at the Judicial Arbiter Group, Inc., (“JAG”) in Sacramento, California within ninety (90) days following the initial demand. The Parties agree that the only discovery which shall be allowed is initial disclosures in the form and format of the California Rules of Civil Procedure 26(a)(1) which shall be exchanged within 42 days following the initial demand, the exchange of exhibits and a witness list 28 days before the arbitration hearing, and one (1) deposition of no more than 4-hours of each party. The Parties further agree that one (1) arbitrator shall be selected to resolve the controversy and that any controversy shall be resolved in no more than two (2) days of hearings. The Parties agree that any appropriate pre or post arbitration relief shall be in a court of competent jurisdiction in the City and County of Sacramento, California. The Parties consent to the jurisdiction of such arbitrator and courts and expressly waive the right to a trial by jury.
SEVERABILITY. In the event any one or more of the provisions contained herein should be invalid, illegal or unenforceable in any respect, the remaining provisions contained herein shall not be affected or impaired in any manner.