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Terms & Conditions 2017-10-24T21:38:29+00:00

Terms & Conditions

By Purchasing a Brown Safe you agree to the following Terms & Conditions:

Payment:
Visa, MasterCard, American Express, personal/business checks, wire transfers, and PayPal are accepted. 50% deposit is required to start production and balance is due upon completion and prior to shipping. Requests for billing adjustments and merchandise corrections must be made within 30 days of receipt of merchandise.

Late Charges/Storage:
Balance is due upon completion of the product. A 1.8% interest charge will be added each month that payment is not made. If your product is not shipped within 14 days of completion, you will incur a $4 handling and storage charge, per square foot of crated product, per month. New shipping quote will be needed after 4 months of storage. A fee of $25.00 will be added to all accounts submitted for collection.

Return of Goods:
Written permission must be obtained before returning any merchandise.
Note: All material returned to Brown Safe Manufacturing must be returned freight prepaid. Cancelled orders not shipped out will be issued a full refund, less 25% charge to cover restocking, credit card fees, and processing fees. Refunds and returns will be issued a full refund less a 25% charge to cover restocking, credit card fees, processing fees and less shipping and handling fees both ways.

Return of Goods – Custom Orders:
We do not accept returns for custom products. Cancellation of orders may be made within 24 hours of payment.

Finishes:
Due to inherently unique qualities of wood, variations such as grain, color, grain pattern and unique markings must be expected. Our samples serve as a guide only; we do our best to match the samples and the true quality of the wood. Color, texture, and graining variations can occur in products like leather, glass, plating, and fabric.

Shipping/Carrier-Damaged Claims:
All freight should be visually inspected prior to signing for delivery. Please note on the delivery receipt “Damage to Package and Subject to Inspection” if there is any visible damage to the crate. Safes shipped directly to the customer are shipped F.O.B. Once the product leaves our facility, Brown Safe is not responsible for the product.

Delays:
Delays in production and shipping may occur. We work hard to get your purchase to you as soon as humanly possible. Brown Safe takes great care to insure that every safe that we sell meets the highest standards of quality and craftsmanship. In most cases, delays occur due to busy seasons, holidays, production delays, unforeseen complications, or other factors not in our control. We will make all efforts to quote accurate lead times.

Installations/Customer Pick-up:
Brown Safe will coordinate your installation. If you chose to not use a Brown Safe referred installer, Brown Safe will not be held responsible for product damage, personal injury or death due to improper installation. If incorrect information is given for the referred installation, additional charges may occur. Installers are not responsible for moving furniture or other fixtures. For products that are picked up at will-call by the customer, Brown Safe will not be held responsible for damages in shipment and installation.

Force Majeure:
Brown Safe shall be excused for any failure or delay in performance which might be due, in whole or part, directly or indirectly, for any loss or damage caused by acts of God; accident or casualty; war or warlike activities; insurrection or civil commotion; supply, labor, engineering, or transportation difficulties; acts of any government; strikes; blockades; boycotts; lockouts or any other causes, whether or not similar in nature to those specified herein, beyond Brown Safe’s control.
Brown Safe Manufacturing’s responsibility for warranty claims is limited to replacement under this Agreement.

Attorney Fees:
Should any legal action be commenced, the prevailing party in such legal action shall be entitled to recover reasonable attorney fees and costs, including the costs of expert witnesses.

Mediation and Arbitration:
Should any dispute arise regarding this agreement, the complaining party shall first, before filing a lawsuit, and demand that the dispute be submitted to mediation in front of a certified mediator. If mediation does not bring about a resolution to the dispute, then the matter shall be submitted to binding arbitration in front of an arbitrator. The arbitrator’s award shall then be entered into the Superior Court of California, County of San Diego, North County Branch.

Grant of Security Interest:
Customer hereby grants to Brown Safe Manufacturing, its successors, and assigns, a security interest in any and all products supplied by Brown Safe Manufacturing or installed by Brown Safe Manufacturing in order to guarantee payment of all sums owing to Brown Safe Manufacturing for the material provided by Brown Safe Manufacturing.

Governing Law and Venue:
This agreement shall be governed and construed in accordance with the laws of the State of California. Should any legal action be commenced, the venue for such legal action shall be in the Superior Court of California, San Diego County, North County Branch.
Brown Safe Manufacturing and/or its suppliers have no liability for lost profits, loss of business, or other consequential, special, indirect, or punitive damages, to customer or for any claim by any third party except as expressly provided for in this Agreement. In no case shall Brown Safe’s liability for damages exceed the invoice amount paid by customer.
Customer may not assign this Agreement without Brown Safe Manufacturing’s prior written consent, which Brown Safe Manufacturing will not unreasonably withhold or delay.

Partial Invalidity:
If any provision of this Agreement is void or unenforceable, the parties agree to delete it and agree that the remainder of this Agreement will continue to be in effect.