Welcome to the Brook One Corporation Website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use.
- The content of the pages of this page website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Brook One’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Canadian federal, provincial or municipal governments.
The information contained in this website is for general information purposes only. The information is provided by Brook One Corporation and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Brook One Corporation. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Brook One Corporation takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its content is copyright of Brook One Corporation. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Brook One Corporation – General Terms and Conditions
Brook One Corporation (herein referred to as the Seller) does not accept any terms and conditions other than expressly set forth in this agreement and Seller offers to sell Products to the customer (herein referred to as the Buyer) only upon the terms and conditions contained in this Agreement.
Confirms the agreement between the Buyer and Seller for the purchase of Product described on the purchase order/contract/acceptance of offer. All contract documents related to this Order are to be interpreted together as one agreement and will follow the terms and conditions as set forth herein.
2) Purchase and Deliveries
Buyer shall order Product from Seller, a reasonable time, in advance of each shipment hereunder. The order will be provided in writing by Buyer and confirmed by Seller in writing.
Such written orders will specifically indicate the products being ordered and shall include the shipping instructions and the date on which delivery is desired. The Seller shall at all times, comply with the Buyer’s written instructions. Seller shall be responsible for the proper packaging of the Product supplied in accordance with the instructions in the agreement or in accordance with good commercial practice to ensure Product reaches the Buyer free from damage and deterioration. All orders will be F.O.B. Seller’s shipping point meaning that title to the material and risk of loss shall pass to the Buyer and the Buyer shall become the sole owner and take possession of such materials at the point of origin. If the Seller prepays such charges on Buyer’s request or for the Buyer, Buyer will reimburse Seller.
Any notice/letter served by either party must be in English and in writing and delivered by email, registered mail, or by facsimile to the applicable address, email address or facsimile address as stated in the agreement.
Seller may increase any price hereunder by giving written notice at least 60 days prior to effective date of any increase. Price increase shall apply to the Product covered hereunder and as covered under those purchase orders that are accepted and confirmed in writing by Seller. Any tax, excise, inspection fee, duty, license fee, tonnage charge, assessment of other tax, fee, assessment or which is levied, assessed or imposed by any level of government/authority upon the products, transactions and/or services contemplated hereunder, etc. shall be added to the price or prices set forth herein and shall be paid by the Buyer unless specified otherwise.
Terms of payment shall be net 30 days after the date of Seller’s invoice. In no event shall such invoices be dated earlier than the date of shipment. Seller’s reserves the right to either terminate this Agreement, or to suspend further deliveries upon failure of the Buyer to make any payment pursuant to this or any other Agreement between the parties hereto. Any delinquent or overdue invoices shall be subject to a finance charge.
THE SELLER MAKES NO OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, TO THE PURCHASER OR ANY OTHER PERSON WITH RESPECT TO ANY OF THESE PRODUCTS.
Any liability from the Seller to the Purchaser or any other person or entity pursuant to this Warranty, for a claim, for breach of contract or otherwise, shall not exceed the purchase price of the Product giving rise to such liability. The seller shall in no event have any liability to Purchaser or any other person or entity for any consequential , indirect, punitive or special damages (including, without limitation, lost profits) pursuant to this warranty or pursuant to its sale of the Products, even if the possibility of such damages could have been foreseen by the seller.
7) Force Majeure
In case performance of any terms or provision hereof shall be delayed or prevented because of compliance with any law, decree, request or order of any governmental agency or authority, either local, state or federal, because of riots, war, public disturbances, strikes, lockouts, fires, floods, Act of God, inability to obtain raw materials, etc. or for any other reason (whether or not of the same class or kind as herein set forth) , which is not within the control of the party whose performance is interfered with and which by the exercise of reasonable diligence said party is unable to prevent, the party so suffering may at its option suspend or cancel deliveries or receipts during the period such cause continues and no liability shall attach against either party on account thereof. Both parties must perform reasonable diligence to remedy the situation wherever applicable.
In addition to any non-disclosure agreement between the Buyer and Seller, the Seller shall hold in trust, keep confidential and not disclose to others or use in any way any information that the Seller may acquire concerning Buyer or in connection with this agreement, including, without limitation, the following: data, specifications, samples, drawings, software, this Order, email or other communications and information provided to the Seller but paid for by the Buyer.
Buyer shall indemnify and hold the Seller harmless against any loss of whatsoever nature resulting directly or indirectly from infringement of patents or trademarks including expenses of defense and attorney fees. Any patent infringement by the Buyer or affiliates, will result in the Seller’s right to discontinue deliveries of any material the manufacture, sale or use of which in its opinion would involve patent infringement.