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 or substantially delays their order. We strive to minimize these costs, but all parties recognize that there are potential costs and that STOUT, LLC is allowed to recover reasonable costs that we incur when we accept your order in good faith and it is subsequently cancelled or substantially delayed.
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’s 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.
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 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 and confirm the technical details with you, we will then send you a summary of the expected shipping time frame.
STOUT 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.
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. Many of these costs are not controlled by STOUT – 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 will add such costs to the customer’s final invoice and delivery will generally be withheld until such final payment is made. In the event of a substantial customer delay, STOUT may invoice you monthly for reasonable storage fees for our warehouse space.
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.
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).
Items returned are subject to a 20% restocking fee and actual costs to repackage/re-crate the equipment for resale.
STOUT warrants that our Products (defined below) will be free from Material Defects (defined below) in materials and workmanship for two (2) years from date of shipment.
Products include all stainless steel tanks, kettles, and attached brewing equipment (including clamps, piping, and structural steel) and kegs. Other equipment such as electronic controls, chillers, coolers, heat exchangers, pumps, keg washers, malt mills, augers, and other equipment manufactured by third parties may have warranties provided by their manufacturers, which may differ from STOUT’s warranty. Wear items, such as rubber gaskets, hoses, thermometers, heating elements are warranted to be free from material defect for a period of ninety (90) days from date of shipment.
A “Material Defect” is a defect or problem that has a significant adverse impact on the usability, safety, function or value of the Product for its intended purpose. 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.
In case of Material Defects, we will, at our option, repair or replace the 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 Product 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.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED WARRANTIES. OUR LIABILITY FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR AND REPLACEMENT OF PRODUCTS AS SET FORTH ABOVE. THE LIABILITY OF STOUT UNDER ANY OTHER CLAIM, THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE, RECKLESSNESS OR PRODUCT LIABILITY) WITH RESPECT TO ANY OF THE PRODUCTS DELIVERED SHALL BE LIMITED TO THE PURCHASE PRICE. STOUT SHALL NOT IN ANY EVENT BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL, OR ANY OTHER INCIDENTAL, OR SPECIAL DAMAGES, DESPITE ANY FAILURE BY STOUT 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. CLIENT ACKNOWLEDGES THAT THE PRICES OF STOUT PRODUCTS WOULD BE MUCH GREATER IF STOUT UNDERTOOK MORE EXTENSIVE LIABILITY.
GOVERNING LAW AND VENUE
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