Terms & Conditions

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Rental Terms & Conditions

Customer desires to rent equipment (including any parts or accessories thereto) (“Equipment”) from Briggs and/or grant Briggs access to its property and/or retain Briggs to perform repair and maintenance services (“Services”) on its behalf in accordance with the terms of this Agreement; and Briggs desires to rent such Equipment to Customer and/or enter onto Customer's property and/or perform such Services for Customer. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and promises contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

  1. Condition of Equipment. It is agreed and understood that Customer has specified the Equipment it requires and that upon delivery Customer has carefully inspected the Equipment and all applicable parts, accessories and attachments thereto (“Equipment”). Unless Customer notifies Briggs in writing within three (3) business days of delivery, Customer acknowledges that the Equipment was received in good condition and working order, free from any defects. If at any time during the term hereof, Customer finds that the Equipment is not good repair or working order or in the event of any other concerns with the Equipment, it will notify Briggs immediately. Further Customer agrees that the Equipment will not be used until it is properly repaired or such concern is properly addressed. Customer agrees to operate the Equipment in accordance with the owner’s manual and acknowledges receipt of owner’s manual at time of rental. Customer shall perform daily operational checks of the Equipment as set forth in this Rental Agreement.
  2. Location of Equipment. At all times during the Term, the Equipment will be located at ShipTo location noted. Customer agrees not to remove or permit removal of the Equipment without the prior written consent of Briggs to any other location and Customer further agrees that the Equipment will not be transported or used outside of the United States. Customer shall indemnify Briggs from and be liable for any fines, penalties, costs or expenses resulting from any breach of this Section including transportation of the Equipment back to the location specified in this Section.
  3. Use, Repair and Maintenance. Customer agrees to restrict operation and use of the Equipment to Customer's qualified personnel. Customer agrees to accept full responsibility and liability for any and all loss, damage or destruction to the Equipment, from any cause whatsoever occurring during the Term including the cost to repair such damage or destruction. Customer shall notify Briggs immediately of any and all accidents, incidents, disabilities, failures or the like involving or concerning the Equipment. Briggs will service and maintain the Equipment in proper working condition, and Customer agrees to make it available for servicing by Briggs at reasonable times during Briggs' business hours. In the event that Customer requires service at times other than during Briggs' business hours, Customer agrees to pay the difference between the straight time and overtime rate for any labor costs associated with such service time. Customer agrees that Briggs shall not be liable to Customer for loss of use of Equipment while in need of repair or being repaired nor shall Briggs be liable to furnish substitute Equipment for any reason whatsoever. Customer shall indemnify, defend and hold harmless Briggs from any liability resulting from service or maintenance not performed by Briggs. In the event of a total destruction or loss of the Equipment or in the event the cost to repair is in excess of the full replacement value of the Equipment, Customer agrees that it shall pay to Briggs the full replacement value of the Equipment.
  4. Fuel. Customer is responsible for all fuel used in the Equipment. All Equipment is delivered with full fuel tanks, and all Equipment is to be returned with full fuel tanks. In the event the Equipment is returned and the fuel tanks are not full, Customer will be charged for the fuel required to fill the tanks at the current price then in effect for appropriate fuel.
  5. Rates. The applicable rental rates and fees are set forth herein (“Rates”). It is agreed that the Rates are predicated on Equipment being operated not in excess of eight (8) hours per twenty-four (24)-hour period, forty (40) hours per week, or more than one hundred sixty (160) hours per month. Customer shall be liable for and shall reimburse Briggs for the amounts equal to any use, license or registration fees levied or based upon the rentals, or the Equipment, or the use, or the operation thereof. Customer agrees to pay for excess use at the overtime rate specified or 1/160th of the monthly rental multiplied by 1.5 if an overtime rate has not been specified.
  6. Transportation. Customer shall pay and be responsible for pick-up and delivery of the Equipment. Customer shall assume the risk of loss and shall insure the Equipment while in transport. In the event Customer desires to have Briggs pick-up or deliver the Equipment, Customer shall pay the transportation costs related thereto. Briggs is not responsible for any delays in transportation of the Equipment.
  7. Payment. Payment shall be made within thirty (30) days of invoice date. Payments not received within thirty (30) days after invoice date shall bear interest at the rate of two percent (2%) per month or the highest legal rate, whichever is less. All rents and other sums of money payable by Customer under the terms of this Agreement shall be due and payable in U.S. dollars at the offices of Briggs in Dallas County, Texas.
  8. Term and Termination. Rental charges commence when the Equipment is made available to the Customer at the designated delivery location and ceases when returned and made available to Briggs at the designated pick-up location (as evidenced by the “call-off” confirmation number provided by Briggs upon notification thereof) in good working order and condition, ordinary wear and tear excepted. Unless a specific term is set forth in this Agreement, rental pursuant to this Agreement shall be on a month to month basis. Regardless of the term, either party may terminate the Agreement at any time upon thirty (30) days’ prior written notice to the other party. Customer shall remain liable for rental charges hereunder until any repairs or replacements to the Equipment have been completed. Customer shall notify Briggs within five (5) business days of when Customer wishes to return the Equipment. Upon Customer request, Briggs shall pick up the Equipment within three (3) business days of the date of return specified by Customer. The Equipment will be picked up at the location set forth herein. In the event (a) Customer does not provide a date and time for pick-up; (b) Briggs is unable to locate or access the Equipment, or (c) the Equipment is not at the location set forth herein, the Equipment shall remain on rent and Customer shall be responsible for rental charges until such time as the Equipment is picked up by Briggs or otherwise returned to Briggs. In the event Briggs does not pick up the Equipment as set forth in this Section, rent charges shall abate as of the fourth business day following (a) notification by Customer or (b) the date and time indicated by Customer, whichever is applicable.
  9. Default. In the event Customer fails to make any payments due in accordance with the terms and conditions of this Agreement, Briggs may consider this Agreement to be in default and shall have the option to terminate the Agreement immediately upon written notice to Customer. Upon written notification to the Customer of their default, Briggs shall have the right and may, at its option, repossess all items of the Equipment wherever they may be found, provided, however, Customer shall nevertheless remain liable for all sums then due and unpaid through the date of termination, plus a reasonable amount for attorneys' fees and such other costs or expenses (including transportation costs) as may be expended in the repossession of the Equipment. Customer shall also be considered in default of this Agreement in the event Customer files for bankruptcy, becomes insolvent or otherwise becomes unable to pay its debts as they become due. An event of default under this Agreement shall also be considered an event of default by Customer under any other Agreement that Customer may have with Briggs or any other Agreement that Customer’s parent, subsidiary or affiliate may have with Briggs. The remedies provided herein in favor of Briggs shall not be deemed exclusive but shall be cumulative and shall be in addition to all other remedies in Briggs favor existing at law or in equity.
  10. INDEMNITY AND INSURANCE. CUSTOMER HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BRIGGS FROM ANY AND ALL LIABILITY WHATSOEVER AND AGREES TO PAY ALL DAMAGES, LOSSES (INCLUDING THEFT), LIABILITIES AND EXPENSES, INCLUDING ANY ATTORNEYS' FEES, DEFENSE COSTS AND OTHER EXPENSES, FOR ANY LIABILITY OR DAMAGES, INCLUDING PERSONAL INJURY AND DEATH OR PROPERTY DAMAGE ARISING FROM THE RENTAL, OPERATION, USE, TRANSPORTATION, POSSESSION, STORAGE, OR MAINTENANCE OF THE EQUIPMENT DURING THE TERM OF THIS AGREEMENT OR WHILE THE EQUIPMENT IS IN THE POSSESSION OF CUSTOMER, ITS AGENTS OR REPRESENTATIVES. CUSTOMER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS BRIGGS FROM ANY AND ALL SUCH CLAIMS EVEN THOUGH SUCH PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE MAY BE ATTRIBUTABLE IN WHOLE, OR IN PART, TO THE ALLEGED NEGLIGENCE, INCLUDING THE SOLE NEGLIGENCE, OF BRIGGS, ITS EMPLOYEES, AGENTS OR CONTRACTORS AND INCLUDING, BUT NOT LIMITED TO CLAIMS THAT BRIGGS FAILED TO WARN OR GIVE INSTRUCTIONS ABOUT THE DESIGN, CONDITION, REPAIR, OR MAINTENANCE OF THE EQUIPMENT OR ITS SUITABILITY FOR THE JOB FOR WHICH IT WAS RENTED OR IMPROPER OR INADEQUATE INSTRUCTIONS OR WARNINGS CONCERNING THE OPERATION, USE, CONDITION, OR SUITABILITY OF THE EQUIPMENT.
    Customer shall maintain during the Term of this Agreement and for a period of two (2) years after the termination of this Agreement. Customer shall timely furnish Briggs with certificates of insurance including renewals. The insurance requirements set forth herein shall not be considered a limitation of the Customer’s liability herein. Any and all accidents or incidents involving the Equipment shall be promptly reported to Briggs in writing with full details of the incident.
    1. commercial general liability insurance, including products and completed operations coverage, personal injury and contractual liability coverage, each of such insurance coverages to have bodily injury (including death) limits and property damage limits of not less than one million dollars ($1,000,000). Customer's policy described in this subparagraph (i) shall be endorsed to (a) name Briggs as an additional insured with the scope of coverage afforded to Briggs equal to that afforded to Customer under such policy; (b) be primary to any and all insurance carried by Briggs; and (c) provide written notice of cancellation in accordance with the policy provisions; and
    2. property insurance insuring the Equipment for the stipulated loss value set forth herein or, if no such stipulated loss value is indicated, its full replacement value against all risk of physical loss or damage, including theft. Customer shall name Briggs as loss payee on such property insurance.
  11. DISCLAIMER OF LIABILITY. NEITHER BRIGGS NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY RENTAL OR SERVICE PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY CUSTOMER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  12. Briggs Title. The Equipment is owned by Briggs and title to the Equipment is with and shall remain with Briggs. This is a contract of rental only, and nothing herein conveys to Customer any right, title or interest in or to any of the Equipment, except as a renter in accordance with the terms and conditions herein. Customer shall keep the Equipment free and clear of, and defend the title of Briggs against, all claims, liens and legal processes. If Customer fails promptly to discharge or remove any such claim, lien or legal process, Briggs may, at its option, discharge the same, advancing any amounts necessary therefore. Customer shall promptly reimburse Briggs for all such amounts with interest at the maximum legal rate. Upon request by Briggs, Customer shall immediately execute and deliver to Briggs UCC-1 forms for recording in the county where the Equipment is located and with the Secretary of State's office.
  13. Notices. All notices, requests and other communications to any party hereunder shall be in writing (including facsimile, e-mail or similar writing) and shall be given to the addresses herein.
  14. Service Warranty. To the extent this Agreement includes Services by Briggs, Briggs warrants that such Services performed by Briggs will be performed in a good and workmanlike manner. The warranty shall be for a period of ninety (90) days from the date of such Service. Briggs does not warrant results or achievements of Services. BRIGGS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. SPECIFICALLY, BRIGGS DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO (A) MERCHANTABILITY, (B) FITNESS FOR ANY PARTICULAR PURPOSE OR USE, (C) WHETHER THE USE OF THE EQUIPMENT SHALL BE UNINTERRUPTED OR ERROR FREE, (D) ARISING BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (E) NONINFRINGEMENT OR (F) TITLE TO SOFTWARE. Customer’s sole and exclusive remedy for nonconforming Services shall be, at Briggs’s option, the replacement or repair of goods or re-performance of Services at no expense to Customer. No repair, replacement or re-performance shall extend any warranty period.
  15. NO WARRANTY FOR EQUIPMENT OR GOODS. Briggs agrees to transfer, assign or “pass through” to Customer any transferable warranty made to Briggs by the manufacturer or supplier of the Equipment or any parts or accessories thereto to the extent such is transferable and permitted by law and Briggs further agrees to reasonably assist Customer in the prosecution of claims under said warranty. IT IS UNDERSTOOD BETWEEN THE PARTIES THAT BRIGGS IS NOT THE MANUFACTURER OF THE EQUIPMENT OR THE AGENT OF THE MANUFACTURER OF THE EQUIPMENT, AND THAT BRIGGS MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT. SPECIFICALLY, BRIGGS DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO (A) THE MERCHANTABILITY OF THE EQUIPMENT, (B) THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR USE OF CUSTOMER, (C) WHETHER THE USE OF THE EQUIPMENT SHALL BE UNINTERRUPTED OR ERROR FREE, (D) ARISING BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (E) NONINFRINGEMENT OR (F) TITLE TO SOFTWARE.
  16. Miscellaneous: The parties understand and agree that from time to time both parties may obtain or have access to confidential or proprietary information of the other party (“Confidential Information”). The parties agree that they shall keep Confidential Information in confidence and not disclose such to any third party, and shall not use Confidential Information, except for in the performance of this Agreement. Such confidential information shall remain confidential for a period of three (3) years from the date of disclosure. The laws of the State of Texas, without giving effect to its principles with respect to conflict of laws, shall govern the validity, construction and performance of this Agreement. All controversies and claims arising hereunder, and all actions or proceedings shall be brought in a state or federal Court in Dallas County, Texas. The parties hereby waive any objection they may have to jurisdiction and venue in Dallas County, Texas. Costs and reasonable attorneys' fees shall be awarded to the prevailing party in any action. The parties shall be independent contractors. No employee, agent or other representative of either party shall at any time be deemed to be under the control of the other party. All representations and warranties of the parties, all rights and remedies of the parties and any other provisions hereof which by their express terms or by implication are to survive, shall survive the termination or other expiration of this Agreement. In the event that any one or more of the provisions contained herein, or the application thereof, shall be declared invalid or unenforceable in any respect, the validity of the remaining provisions contained herein shall in no way be affected thereby. The parties will undertake to replace the invalid term or terms with the term or terms that most closely approximate the commercial purpose of the original text. The failure of either party to exercise any of its rights or remedies hereunder shall not act as a waiver of such rights or remedies nor shall such failure excuse the other Party from any of its obligations hereunder. Neither Customer nor Briggs may assign its rights under this Agreement without the non-assigning party’s written approval. This Agreement represents the sole and complete agreement between Customer and Briggs regarding the subject matter contained in this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter herein. Any change, alteration, or modification to this Agreement must be mutually agreed upon in writing by the respective duly-authorized representatives of both parties. In the event of a conflict, discrepancy or inconsistency between any of the terms of this Agreement and the terms of any attachment hereto or any other document relating to the subject matter herein, the terms of this Agreement shall control.
    Customer acknowledges that, prior to the use of any Equipment, all users, operators, supervisors, and occupants (“Users”) of the Equipment must be trained and certified in accordance with all OSHA laws and regulations and all applicable ANSI Standards (collectively, the “Standards”), and that Customer is responsible for conducting the training set forth in the Standards. Customer represents and warrants to Briggs Equipment that during the Term only Users who have received training in compliance with the Standards will operate the Equipment. Customer agrees to restrict operation and use of the Equipment to Users who have been properly trained, qualified, certified, familiarized and licensed, in the use thereof as required by the applicable Standards. Customer understands that, when requested by Customer, Briggs Equipment will provide unit-specific general familiarization as set for in the Standards for Equipment rented by Customer. Customer has been informed that Briggs Equipment offers operator training for an additional fee and, when requested by Customer, will attempt to provide Customer information on third-party trainers. Customer acknowledges that Briggs Equipment shall have no responsibility of any kind for the training or compliance with the Standards during the Term or otherwise while the Equipment is in the Customer’s possession or control. Customer assumes all risks, releases, indemnifies, defends, and holds harmless Briggs from all claims or liability, related to the use or operation of the Equipment, compliance with the Standards and the training of Users in accordance with the Standards, including personal injury, property damage, or damage to the Equipment itself and any and all costs to repair such damage. In the event of destruction or loss of the Equipment or in the event the cost to repair damaged Equipment is in excess of the full replacement value of the Equipment, Customer agrees that it shall pay to Briggs Equipment the full replacement value of the Equipment or as otherwise established by the EPP, if applicable.


Last Updated: December 19, 2019


Website Terms of Use


Acceptance of the Terms of Use

These terms of use are entered into by and between You and Briggs Equipment, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of briggsequipment.us, including any content, functionality and services offered on or through briggsequipment.us (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.briggsequipment.us/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.


Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.


Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with or to use this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your legitimate business purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website for your own legitimate business purposes and not for further reproduction, publication or distribution.

You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: marketing@briggsequipment.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Briggs Equipment, Inc., Briggs, BE Fleet, and MacKinnon Equipment & Services, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks or service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Briggs Equipment, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Briggs Equipment, Inc., 10540 N. Stemmons Freeway, Dallas, Texas 75220.

All notices of copyright infringement claims should be sent to the copyright agent at marketing@briggsequipment.com.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: marketing@briggsequipment.com.


Last Updated: August 18, 2020


Policies

Shipping and Handling

Shipping and Handling Charges: Shipping and handling charges are based on total price of your order. Oversized or heavy items may have an additional shipping cost. This charge may not be calculated until the order is being prepared.

We will notify you if there is an increase in the shipping charge or your order prior to billing and shipping.

Shipment By UPS: We ship via UPS Ground or US Postal Service in the continental US. Shipments to Alaska & Hawaii and International orders will have an additional shipping cost applied.

Delivery Time: Allow 4-10 business days for delivery of non-backordered items in the continental US. Allow additional time for shipments to Alaska, Hawaii and International Orders.

Consolidated Shipments: Entire orders will be shipped together if possible.

Returns and Exchanges

General: All returns must be postmarked no later than 30 days from the original customer shipment date. Returns and exchanges must be in new condition and must include all instructions and original packing material. Customer pays all return shipping charges. Include a copy of your packing list with all returns.

Original shipping and handling charges are not refundable. Returns must be preauthorized by us and are subject to a 15% re-stocking fee. These amounts will be deducted from the original amount billed and the remaining balance will be credited to the original credit card.

Incorrect Item: If you received an incorrect item no extra charges will be incurred. We will replace incorrect items and pay the additional shipping charge.

Incorrect Size: No charge for exchange. We will exchange customer orders that do not fit, if the customer requests the same item in a different size. Customer pays all shipping charges.

Customer Order Error: Incorrect customer orders can be exchanged for any other item without paying the restocking charge. However, the customer will pay the additional shipping and handling charge. The replacement item must be at least 75% of the value of the original item.

Return Shipping Instructions: Return via prepaid UPS or US mail. Insure shipment for full value of purchase. Use original packaging. We are not responsible for packages lost during return shipping.

Return/Exchange Instructions: Enclose a copy of your packing list or E-mail Invoice along with detailed return/exchange instructions. Send exchanges and returns to dealership.

Sales Tax

Sales tax is charged on instate orders if required by law.

Policies

Individual product descriptions are claims of the manufacturer and/or distributor and are not guaranteed accurate. Prices subject to change without notice. Mistakenly posted prices on the website do not obligate us to those incorrect prices. We reserve the right to refuse to sell to anyone for any reason.


Applicable Limited Warranty

DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED, BRIGGS ASSIGNS ANY APPLICABLE MANUFACTURER’S WARRANTY IN ACCORDANCE THEREWITH BUT SUCH ASSIGNED WARRANTY SHALL NOT BE AN OBLIGATION OF BRIGGS AND BRIGGS HEREBY DISCLAIMS ANY LIABILITY THEREUNDER. BRIGGS EQUIPMENT EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OR PARTS. SPECIFICALLY BRIGGS DISCLAIMS AND MAKES NO WARRANTY WITH RESPECT TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR AGAINST INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

ANY USED PARTS OR EQUIPMENT SOLD OR PROVIDED ARE SOLD “AS-IS”, “WHERE IS” AND “WITH ALL FAULTS.”

DISCLAIMER OF LIABILITY: NEITHER BRIGGS NOR ITS REPRESENTATIVES IS LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY RENTAL, SALE OR SERVICE PROVIDED PURSUANT TO THIS DOCUMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY CUSTOMER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

NO EXPORT: CUSTOMER REPRESENTS THAT ANY PARTS OR EQUIPMENT SOLD OR RENTED SHALL NOT BE EXPORTED, RE-EXPORTED OR OTHERWISE DELIVERED TO OR USED OUTSIDE OF THE UNITED STATES OF AMERICA. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS BRIGGS FROM ANY FINES, LIABILITY, COSTS OR EXPENSE RESULTING FROM A BREACH OF THIS REPRESENTATION.

FORCE MAJEURE: BRIGGS EQUIPMENT SHALL NOT BE LIABLE FOR ANY BREACH, FAILURE TO PERFORM OR DELAY IN PERFORMANCE WHERE SUCH BREACH, FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM ANY ACT BEYOND BRIGGS’ REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD, STRIKES, ACCIDENTS, ACTIONS OF ANY GOVERNMENTAL AUTHORITY, AND DELAY OF CARRIERS.