Terms

STANDARD TERMS AND CONDITIONS OF SALE

(Effective for all sales by BC6, Inc. d/b/a PTZsled.com)

1. GENERAL

These Standard Terms and Conditions of Sale (“Agreement”) apply to all sales of products, materials, and equipment (“Products”) by BC6, Inc. / PTZsled.com (“Supplier”) to any purchaser (“Purchaser”).

Any additional or different terms contained in Purchaser’s purchase orders or other documents are hereby rejected, unless expressly accepted in writing by an authorized representative of Supplier. Supplier’s silence or failure to object shall not be deemed acceptance of such terms.

If this document is deemed to be an acceptance of Purchaser’s offer, it is expressly conditioned on Purchaser’s consent to these terms.

2. MODIFICATIONS, RESCISSION, AND CANCELLATION

This Agreement may be modified or rescinded only in writing signed by duly authorized representatives of both parties.

Any change requested by Purchaser to the specifications, style, or quantity of Products shall be subject to additional charges equal to (a) Supplier’s actual additional costs, plus (b) a reasonable percentage for overhead and profit.

Orders may be canceled only with Supplier’s written consent, and only on terms that fully indemnify Supplier for all losses, including out-of-pocket costs, labor, materials, and lost profits.

3. LIMITED WARRANTY

Supplier warrants that PTZsled Products will be free from defects in material and workmanship for one (1) year from the date of shipment.

This warranty applies only to functional performance and structural integrity of the Product as designed and manufactured by Supplier.
Supplier provides industrial-grade finishes intended for outdoor durability and corrosion resistance.
Minor surface variations, weld marks, fabrication traces, or coating irregularities are normal and not considered defects of workmanship.
Supplier expressly disclaims any representation that the finish, coating, or appearance of the Product constitutes an automotive, architectural, or decorative finish standard.

This warranty does not cover defects resulting from improper installation, overloading, misuse, abuse, accident, neglect, modification, or alteration unless authorized in writing by Supplier.

Warranty claims must be submitted in writing within 30 days of discovery. Supplier must authorize any return or correction in writing prior to shipment.

At Supplier’s sole discretion, defective Products will be repaired, replaced, or a solution provided at Supplier’s facility (F.O.B. Supplier). Supplier shall not be liable for transportation, removal, installation, unauthorized repairs, site mobilization, or other related costs.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Supplier’s total liability under this warranty or otherwise shall not exceed the purchase price paid for the Product. In no event shall Supplier be liable for incidental, consequential, or special damages of any kind.

4. DELIVERY, FREIGHT, AND RISK OF LOSS

All Products are sold F.O.B. BC6, Inc. facility.

For shipments outside the continental United States, freight charges will be prepaid and added to the invoice unless otherwise noted. Method of shipment will be determined solely by Supplier.

Purchaser assumes and agrees to pay all charges for special services (including air freight, express delivery, parcel post, or multiple-delivery shipments).

Risk of loss transfers to Purchaser upon delivery to the carrier.

5. PRICING

All prices and discounts are subject to change without notice, except those on a written quotation marked “firm” for 30 days.

If prices of raw materials, freight, or manufacturing costs increase after quotation, Supplier reserves the right to adjust pricing accordingly.

6. RETURNS AND CLAIMS

All claims for shortages or damages must be made in writing within ten (10) days of delivery.

Returns are not accepted for custom or special-order items.

Standard (non-custom) Products may be returned only with Supplier’s written authorization, obtained within thirty (30) days after shipment, and under these conditions:

  • (a) Product must be in new, unused, and merchantable condition, in original packaging, and properly stored indoors;

  • (b) Freight for both outbound and return shipments must be prepaid;

  • (c) All returns are subject to inspection and a restocking fee of up to 25% of the current price.

Supplier retains sole discretion to determine acceptability of any returned Product.

7. INSTALLATION

Purchaser is solely responsible for installation and erection of all Products at its own cost.

Supplier may provide manuals, drawings, or data for reference only but assumes no responsibility for proper installation or field support.

Supplier disclaims all express or implied warranties relating to installation, erection, or startup assistance.

8. DELAYS / FORCE MAJEURE

Supplier shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to:
acts of God, war, riots, terrorism, embargoes, fires, floods, accidents, strikes, material shortages, transportation delays, pandemics, or governmental actions.

In any such event, Supplier shall have additional time as reasonably necessary to perform and shall not be liable for loss of use, business interruption, or other consequential damages.

9. TERMS OF PAYMENT

Unless otherwise approved in writing, payment is due in advance (PREPAID).

If credit terms are approved, payment shall be due as stated on the invoice.

Supplier may invoice Purchaser for any Products ready for shipment when shipment is delayed by Purchaser’s instructions or causes beyond Supplier’s control.

Purchaser shall pay all applicable taxes, duties, or charges unless legally exempt and such exemption is documented in writing.

Late payments are subject to a finance charge of 1.5% per month (18% annual) or the maximum allowed by law.

10. DEFAULT BY PURCHASER

If Purchaser:

  1. Fails to pay any invoice when due;

  2. Breaches this Agreement or any other contract with Supplier; or

  3. Experiences unsatisfactory financial condition—

then Purchaser is in default, and Supplier may, at its sole option:

  • (a) Cancel this Agreement and any pending orders;

  • (b) Declare all amounts immediately due;

  • (c) Require payment in advance;

  • (d) Reclaim or foreclose any security interest; or

  • (e) Require additional security or collateral.

Purchaser shall be liable for all damages, collection costs, and reasonable attorneys’ fees incurred by Supplier.

11. INDEMNIFICATION

Purchaser shall indemnify, defend, and hold harmless Supplier and its officers, directors, and employees from any and all claims, demands, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to:

  • The possession, installation, erection, operation, maintenance, or resale of Products; or

  • Any alleged acts, omissions, or negligence (including Supplier’s own negligence) in connection therewith.

12. GOVERNING LAW, VENUE, AND LIMITATION OF ACTIONS

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law principles.

Any dispute shall be resolved exclusively in the state or federal courts located in Jefferson County, Colorado, and Purchaser consents to such jurisdiction and venue.

Both parties waive the right to a trial by jury.

Any lawsuit arising out of or related to this Agreement or the Products must be filed within one (1) year after delivery, or it shall be barred.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between Supplier and Purchaser regarding the sale of Products. It supersedes all prior proposals, communications, or agreements, whether oral or written.

No agent or employee of Supplier has authority to modify this Agreement except by written instrument signed by an authorized officer of Supplier.

✅ COPY-READY LEGAL NOTICE:
By placing an order with BC6, Inc. / PTZsled.com, the Purchaser acknowledges and agrees to these Terms and Conditions of Sale.