TERMS OF SALE
Payment Terms. We have the right to increase our prices at any time without notice. We accept Visa, MasterCard, American Express and PayPal. We do not accept checks, drafts, or money orders for orders submitted through the Site.
Pricing; Shipping; Pricing Errors. Any prices stated on the Site are quoted in U.S. dollars and do not include shipping and handling, expedited service, or sales taxes, if applicable. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. We make every effort to provide accurate information about our products and pricing on the Site. If the amount you pay for the goods is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred. If an order you placed is cancelled due to mispricing, we will notify you of the cancellation.
Risk; Title. The goods will be at your risk from the time of delivery. Ownership of the goods will only pass to you from the time of delivery. Risk in relation to goods being returned to us passes from you to us once we acknowledge receipt of the returned goods.
Cancelations or Order Changes. To cancel or change an order, please call Customer Care at (800) 968-7845 (Equipment) or (866) 356-1369 (Footwear and Apparel). We typically ship within one business day. If you email us regarding a cancellation, we cannot guarantee we will receive your message before your order ships.
Display. We make every effort to display the items featured on this Site as accurately as possible. However, your computer monitor’s display and color capabilities may greatly affect the colors actually seen on the Site. We are not responsible for the limitations of your monitor's display of any color or detail. For optimal viewing, we recommend setting your monitor to 1280 x 1024.
Quantity Limits. We reserve the right to set quantity-per-order limits on any and all items sold on the Site. We may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.
Limitation of Liability. FOR ANY BREACH OF THESE TERMS AND CONDITIONS, BRINE’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE GOODS YOU ORDERED.IN NO EVENT SHALL BRINE BE LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, PERSONAL INJURY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE AND PURCHASE TRANSACTION, EVEN IF BRINE KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.
Unavoidable Delay. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Sale that is caused by events outside our reasonable control (Force Majeure Event). Our performance under any order of goods is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order of goods may be performed despite the Force Majeure Event.
Applicable Law. This agreement and the relationship between you and Brine shall be considered to have been made in the State of Michigan, and it shall be governed by and interpreted according to Michigan law. Either party may bring any action that arises out of or relates to this agreement in any federal or state court in Macomb County, Michigan, that has jurisdiction of the subject matter, and Buyer irrevocably consents that any such court shall have personal jurisdiction over Buyer and waives any objection that the court is an inconvenient forum.