Terms & Conditions

STOUT TANKS AND KETTLES, LLC - TERMS AND CONDITIONS

DEPOSIT AND CANCELLATION POLICY

We generally accept a 70% deposit for special order and backordered items.  The deposit amount may vary depending on the specific situation.  You are contracting with us to provide you equipment and we are expending time, effort, and money to fulfill our obligation to you, not to mention foregoing potential sales to other customers by reserving and holding equipment for you. 

Our goal is to best meet your needs while protecting our business from costs that are incurred when a customer cancels their order.  We strive to minimize these costs, but all parties recognize that there are potential costs and that Stout Tanks and Kettles, LLC is allowed to recover reasonable costs that we incur when we accept your order in good faith and it is subsequently cancelled. 

When your item is completed (or near completion) and we are ready to ship it, we will contact you and request the balance due plus shipping costs.  Please pay this amount at your earliest convenience so we can send your item to you.  If you do not pay the remaining amount due within 30 days after we notify you that the remaining balance is due, we may elect to treat the order as though you have cancelled it. 

If you cancel your order prior to delivery, we will do our best to mitigate our costs and as a result, minimize the amount of deposit applied to the cancelled item(s).  In cases of cancellation, we may elect to retain up to 20% of the purchase price of your equipment, depending on the severity of the situation.  Highly custom items or items that are not our normal production items may have higher cancellation costs, including up to the full amount of the deposit if we cannot recoup or reduce our costs. 

At Stout Tanks and Kettles’ discretion, orders cancelled shortly after being placed will most likely be refunded in full, less any fees we have incurred in the process such as bank wire transfer fees, etc. 

Sometimes orders are cancelled due to loss of a lease or financing, etc.  We may offer to credit back some or all of the cancellation costs if and when you re-order a comparable set of equipment from our company. 

We strive to be fair and reasonable in these rare situations. 

DELIVERY

Please note that lead times are estimates and are based on current orders and backlog. Due to the many factors contributing to the manufacture of the equipment on an order, Stout Tanks and Kettles cannot guarantee a specific delivery date. Equipment is reserved on a first-come-first served basis, and someone else could secure some or all of the quoted equipment if they send a deposit before you do.

Placing a deposit will reserve the equipment in your name. After we receive your deposit, we will then send you a summary of the expected shipping time frame. 

Stout Tanks and Kettles generally ships within plus or minus a couple of weeks of our estimated delivery times.  Shipping times or time-frames are not guaranteed, but we try to be realistic when estimating availability.  

STORAGE

When shipping goods over land or overseas, there is the possibility that customer caused disruptions may result in additional storage costs, redelivery fees, container use fees, port storage fees, and so on.  These costs are not controlled by Stout Tanks and Kettles – they are determined by the various entities we work with to get your equipment to you, such as steam ship lines, trucking/freight companies, governments, ports, and so on.  An example of a “customer caused disruption” could be refusal to take delivery in a timely manner, failure to make the final payment due, and so on.  Stout Tanks and Kettles will add such costs to the customer’s final invoice and delivery will generally be withheld until such final payment is made. 

RETURNS

We will accept returns of standard, non-custom goods for any reason if the product is unused as long as you return it to us in new, undamaged condition, postage/shipping prepaid, after notifying us and requesting a return authorization within 15 days of receipt of your goods.  Returns must be shipped within 5 days of the notice and return authorization.  After your goods have been received and verified to be in new and unused condition, we will refund your purchase price less any restocking fees in effect.  Shipping costs are your responsibility.  Examples of standard goods are those items we normally stock for immediate sale, such as 7.3 and 14.5 gal.  fermenters and 9.2 gal.  brew kettles.

Please be sure to consult with us regarding packing tips and tricks because you are responsible to ensure that the product is returned in new condition.  Any packaging advice we provide is without liability as to its effectiveness – in other words, you have the final responsibility to ensure that the packaging methods are sufficient to ensure that the equipment survives shipment back to us.  Damaged caused when returning items will be assessed and the customer is responsible for any discounts and/or repairs needed to resell the goods.

We are not obligated to accept returns of custom or special order goods.  Please be sure you understand any drawings supplied to you prior to purchasing custom goods.  Payment of deposits for custom goods is taken as acceptance of the design(s).

RESTOCKING

Items returned are subject to a 20% restocking fee or actual costs to repackage/re-crate the equipment for resale.

WARRANTY

We warrant that our products will be free of defects in materials and workmanship for one (1) year from date of shipment.

In case of defects, we will, at our option, repair or replace your product or the defective component.  You must contact us and provide us with the necessary details so we can determine the best course of action prior to returning your product.  All returns must be authorized in advance.  We may elect to have your item repaired locally by a reputable stainless steel welder.  You are responsible to make the equipment available for repair, packaging, or pickup within a reasonable amount of time.  For items that we elect to replace, we will do our best to ensure the fastest possible replacement, but it may take several months to have your item replaced due to manufacturing and shipping lead times.  We are not responsible for costs due to delays in replacing your product.

Our products are hand-crafted.  As such, there may be minor imperfections or variances from the specifications.  These minor issues will not be considered to be defects for the purposes of this warranty as long as they do not materially impact the functionality of the equipment.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE LIABILITY OF STOUT TANKS AND KETTLES, LLC FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR AND REPLACEMENT OF PRODUCTS AS SET FORTH ABOVE.  THE LIABILITY OF STOUT TANKS AND KETTLES FOR ANY OTHER LIABILITY OR WITH RESPECT TO ANY OF THE PRODUCTS DELIVERED (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO THE PURCHASE PRICE.  STOUT TANKS AND KETTLES SHALL NOT IN ANY EVENT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, DESPITE ANY FAILURE BY STOUT TANKS AND KETTLES TO REPAIR OR REPLACE THE PRODUCTS.  CLIENT HAS ACCEPTED THESE RESTRICTIONS ON ITS ABILITY TO RECOVER DAMAGES (INCLUDING ALL FORMS OF CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) AS PART OF ITS BARGAIN WITH STOUT TANKS AND KETTLES.  CLIENT ACKNOWLEDGES THAT THE PRICES OF THE PRODUCTS OF STOUT TANKS AND KETTLES WOULD BE MUCH GREATER IF STOUT TANKS AND KETTLES UNDERTOOK MORE EXTENSIVE LIABILITY.

GOVERNING LAW AND VENUE

These Terms and Conditions and any action related thereto will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts with jurisdiction in Washington County, Oregon, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

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