Terms of service

TERMS AND CONDITIONS 

All sales shall be made on the condition that Dealer consents to the terms and conditions of sale contained herein as the sole expression of the contract of sale, notwithstanding any variance with the terms and conditions on any documents submitted by Dealer. Any provision on any documents submitted by Dealer which purports to impose any obligation (including expressly but not by way of limitation any obligation to indemnify, hold harmless or defend Dealer or any other party) on BREEDLOVE GUITARS or to grant any rights to Dealer other than as stated herein are hereby expressly objected to.

Dealer shall hold BREEDLOVE GUITARS liable only for such warranties, representation, conditions, and promises as are specifically herein set forth in writing.

All BREEDLOVE GUITARS prices, payment terms, discounts and freight charges are subject to change without prior notice. BREEDLOVE GUITARS reserves the right to invoice for all products at the price prevailing at the time of shipment. BREEDLOVE GUITARS further reserves the right to require that orders be raised to shipping carton quantities and that such orders be for minimum dollar amounts.

BREEDLOVE & BEDELL GUITARS authorized dealers are only permitted to market and sell to consumers in the 50 United States of America.  Any attempt to market outside of this agreed upon area is a violation of these terms and conditions and will result in account suspension and possible termination.

BREEDLOVE GUITARS will determine the method of transportation and the carrier to be used on all shipments where the freight is prepaid by BREEDLOVE GUITARS.

Shipping dates are estimated only and are not guaranteed.

BREEDLOVE GUITARS reserves the right to cancel, at any time, orders and/or contracts or unfilled portions thereof, when performance of the same is prevented directly or indirectly, by war, embargo, fire, labor trouble, inability to procure supplies, governmental action, accidents, or any cause whatsoever beyond control and BREEDLOVE GUITARS is not to be liable for any failure occasioned directly or indirectly, If the Dealer fails to comply with any payment term, or if in the judgment of BREEDLOVE GUITARS, the financial responsibility of the Dealer shall at any time become impaired, BREEDLOVE GUITARS shall have the right to suspend further shipment of products, including shipments in transit. In such events, BREEDLOVE GUITARS may cancel all orders pursuant to written notice unless within thirty days from such notice all prior shipments are paid for and adequate security is posted for further payments to become due. Any action taken by BREEDLOVE GUITARS pursuant to this paragraph shall not be deemed to constitute an election or waiver of any other rights or remedies to which BREEDLOVE GUITARS may be entitled under law.

Dealer shall inspect all shipments of products promptly upon receipt and unless Dealer gives notice of default within seven (7) days after receipt, Dealer shall be deemed to have accepted such shipment as conforming to the contract of sale and shall have no right to revoke such acceptance thereafter.

Any returns of merchandise must be pursuant to prior written authorization from BREEDLOVE GUITARS. All authorize returned merchandise is to be shipped freight prepaid by Dealer. Returned merchandise (other than products returned for repair or replacement pursuant to the warranty above) will be subject to a minimum handling charge, and additional charges may be made depending upon the condition of such merchandise.

If shipments pursuant to the contract are in installments, each installment shall be treated separately and any default by BREEDLOVE GUITARS as to one installment shipment shall in no event be deemed a breach of the entire contract. 

BREEDLOVE GUITARS represents that with respect to the products shipped it has complied with Section 12(A) of the Fair Labor Standards Act of 1938, as amended. 

Dealer shall not make any representation and/or warranty to consumers inconsistent with the written warranties of BREEDLOVE GUITARS expressly provided for and accompanying the products. Dealer agrees to indemnify and hold harmless BREEDLOVE GUITARS from any cost, claims, and/or damages, including reasonable attorney's fees and costs, arising out of a breach of the terms herein including but not limited to making representations to customers inconsistently with those expressly provided for herein.

Nothing herein shall constitute a transfer or license of intellectual property rights of BREEDLOVE GUITARS, including but not limited to, BREEDLOVE GUITARS trademarks or patent rights relating to the sale of goods herein.

All sales shall be subject to the laws of United States and the State of Oregon. These terms and conditions may not be modified, amended, altered or changed except by a written agreement signed by both BREEDLOVE GUITARS and Dealer.