TERMS & CONDITIONS
Agreement to Terms of Use
These Terms and Conditions of Use (“Terms of Use”) apply to all services provided by Brassfield Inc. DBA Colt Express, its subsidiaries, and affiliates. By using our services, you agree to these Terms of Use. Brassfield Inc. DBA Colt Express reserves the right, at its sole discretion, to modify, update, or revise these Terms of Use at any time. Updates will be posted on our website or communicated directly. Your continued use of our services following such updates constitutes your acceptance of the revised Terms. THESE TERMS AND CONDITIONS HAVE BEEN UPDATED AS OF JAN. 01, 2019.
Definitions
In this agreement, “you” and “your” refer to the sender, its employees and agents. “We,” “our,” and “us” refer to Brassfield Inc. DBA Colt Express, their employees and/or contractors.
Right to Inspect
We reserve the right to open and inspect any shipment received from you at our discretion. We are not obligated to reseal, repack, or rewrap any shipment after inspection. SHOULD WE DISCOVER CONTENTS THAT ARE PROHIBITED, HAZARDOUS, IMPROPERLY LABELED, OR OTHERWISE UNDELIVERABLE, WE RESERVE THE RIGHT TO WITHHOLD DELIVERY. IN SUCH CASES, WE ARE NOT RESPONSIBLE FOR ANY ASSOCIATED DISPOSAL COSTS, STORAGE FEES, OR RETURN SHIPPING CHARGES.
Responsibility for Payment
You are primarily responsible for all delivery charges, as well as any costs incurred in returning, holding, or disposing of shipments if delivery cannot be completed. Late payments may be subject to a 1.5% monthly interest charge (18% annually). You are also responsible for all costs of collection, including legal and attorney fees.
Credit Terms
First orders must be paid via credit card or COD. Net 30 terms may be extended for subsequent orders upon approved credit application with satisfactory references. Payment is due within 30 days of the invoice date. Past due accounts are subject to late fees and credit holds. Non-payment may result in suspended services without notice.
Additional fees
WE RESERVE THE RIGHT TO INVOICE ANY ADDITIONAL FEES SHOULD THEY APPLY IN THE FOLLOWING CIRCUMSTANCES: HAND UNLOAD DELIVERIES OVER 10 PIECES, AFTER HOURS DELIVERIES, DRY RUN AND/OR CANCELED DELIVERIES, CREDIT CARD PROCESSING FEES, WHITE GLOVE SERVICES AND SUPPLIES. ANY ADDITIONAL FEES INVOICED ARE REQUIRED TO BE PAID IN FULL OR MAY RESULT IN TERMINATION OF SERVICES.
Qualified Acceptance
We reserve the right to reject any shipment after acceptance and before delivery if it includes prohibited or dangerous goods, poses a risk to other shipments, personnel, or equipment, or violates any applicable laws, regulations, or these Terms. A current list of prohibited items is available upon request.
Limitations on Our Liability
If freight is packed by the shipper or their agent, it is the shipper’s responsibility to ensure all goods are adequately packed, labeled, and protected for transport. We are not liable for loss, damage, or delay caused by events beyond our control or reasonable foresight, including (but not limited to): acts of God, weather, fire, theft, mechanical delays, war, strikes, public authority actions, or negligence of third-party carriers.
WE WILL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR INCOME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We are not liable for damage or loss of prohibited items, including cash or currency. We are also not liable for concealed or internal damage not evident upon delivery.
Claims
All claims must be submitted in writing:
Within 10 days of delivery for claims related to damage, shortage, or delay.
Within 30 days of shipment acceptance for non-delivery or overcharges.
Claims must be submitted in writing (via certified email or return receipt mail). Supporting documentation must be provided within 30 days of notice. We are not obligated to process claims until all related delivery charges are paid in full. Claims may not be deducted from outstanding invoices. Acceptance of a shipment without written note of damage will be considered proof of delivery in good condition. Original shipment must be made available for inspection to process the claim.
Failure to follow this claims procedure waives your right to recovery.
Confidential Information
“Confidential Information” includes, but is not limited to, our pricing, specifications, customer and sales data, business practices, and any information disclosed under a confidentiality obligation. You agree not to use, share, or distribute any Confidential Information outside the scope of your relationship with us, except as expressly permitted. This obligation survives the termination of your business relationship with us.
Termination of Services
A written 30-day notice is required to cancel or amend contracted services. We reserve the right to terminate services immediately in cases of non-payment, contract breach, misuse of services, or at our discretion, with or without cause.
Force Majeure
We are not liable for delays or failure to perform due to causes beyond our control, including but not limited to: natural disasters, labor disputes, pandemics, supply chain disruptions, or government restrictions.
Governing Law and Venue
These Terms shall be governed by and construed under the laws of the State of Oklahoma, without regard to its conflict of laws provisions. Any disputes shall be resolved exclusively in the courts of Oklahoma.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remainder will continue in full force and effect.
Entire Agreement