By paying for this product, you are agreeing to these Terms and Conditions
1. Acceptance; Termination. This contract may be accepted by paying below or by other
acts, such as verbal or written communications, that would authorize Steel City Tap Co
to begin the work contemplated by this contract. This contract is for specially
constructed goods and when accepted, is not subject to cancellation. The items
produced are unique and cannot be resold by Steel City Tap Co. Returns will not be
accepted for any reason, except in the case of Steel City Tap Co’s failure to deliver
goods conforming to the agreed specifications.
2. Parties. This contract is non-assignable and is not made for the benefit of any third
party. The purchaser represents that the goods are for the sole use or benefit of the
Purchaser. This contract is not and will not be subject to the approval of or payment by
some third party. The Purchaser represents that the Purchaser has the authority to
execute this contract.
3. Purchaser’s Plans. The purchaser will be fully responsible for and agrees to release
and indemnify Steel City Tap Co for plans, designs, specifications, or drawings furnished
by the Purchaser. Purchaser is solely responsible for ensuring that the plans, designs,
specifications, or drawings furnished by Purchaser are fully licensed and authorized to
be manufactured by Steel City Tap Co.
4. Substitute Materials. Steel City Tap Co reserves the right to use substitute materials
based on availability. In the event that the substitute materials will, in Steel City Tap Co’s
discretion, resulting in diminished quality of the goods, the materials will not be
substituted without Purchaser’s prior consent.
5. Steel City Tap Co’s Property. Any plans, designs, specifications, or drawings, including
any and all working or project files, created by Steel City Tap Co or by Steel City Tap Co
in collaboration with Purchaser or any third party will remain the sole and exclusive
property of Steel City Tap Co. The use by Purchaser of Steel City Tap Co’s property
without Steel City Tap Co's prior, written authorization is strictly prohibited. The
purchaser grants Steel City Tap Co permission to use images of the designs for
marketing purposes.
6. Payment. Payment terms must be determined in advance of the project. Any
remaining balance is due within 5 days of completion of construction, or prior to
shipment of the items, whichever comes first. Purchaser is responsible for any and all
shipping and handling charges. Purchaser is responsible for paying for up to a 10%
production overrun. Goods will not be shipped or delivered until payment is made in full.
7. Failure to Pay. In the event that payment in full is not made by Purchaser within 10
business days of completion of construction, Purchaser agrees to pay to Steel City Tap
Co compounding interest at the rate of 10% per month. Purchaser agrees to
compensate Steel City Tap Co for any costs, including reasonable attorney’s fees,
incurred by Steel City Tap Co in collecting any past-due amounts, regardless of whether
a lawsuit is initiated.
8. Disputes. In the event that a dispute arises under this contract, the non-breaching
party will notify the party alleged to be in breach, in writing, and afford a reasonable time
for that party to cure the alleged breach, not to exceed 30 days. If the dispute is
unresolved and/or uncured after this period has ended, the parties agree to submit the
issue to arbitration according to the commercial arbitration rules of the American
Arbitration Association. The venue for such arbitration will be in Jefferson County,
Alabama. In no event will any issue arising under this contract be determined by a jury.
9. Design Changes. Design changes requested by Purchaser may result in additional
charges. Changes that, in Steel City Tap Co's discretion, will result in additional charges
above and beyond the original contract amount are subject to written approval by
Purchaser with a Change Order. Changes that are within the general scope of this
contract may be accomplished by a Change Order without invalidating this contract. A
Change Order is a written instrument, issued after execution of this contract, paid by a
representative of both Purchaser and Steel City Tap Co, stating their agreement upon a
change, and any adjustment in the contract price and/or the date of completion.
10. Force Majeure. Steel City Tap Co will not be responsible for delays in shipments
caused by suppliers, transportation services, labor disputes, acts of God, war, terrorist
activities, or delays due to any other circumstance beyond its control.
11. Guarantees. Steel City Tap Co guarantees all items it manufactures against
defective workmanship for a period of 90 days. This warranty is limited to defects in
workmanship only; Steel City Tap Co shall not be responsible for normal wear and tear
or damage that may occur during shipping, handling, installation, or
improper/unintended use.
12. Color Matching. Steel City Tap Co will make best efforts to match but CANNOT
guarantee one-to-one color matching of Pantone, PMS, CMYK, can, bottle, label, or any
other digital or physical items used as reference for brand color matching.
13. Merger; Amendment. This contract is the entire understanding of the parties and
supersedes any prior agreements or understandings. This contract may not be
amended except in writing, executed by both parties. Any waiver of the terms of this
contract will be considered limited and not a waiver of those terms.
*** During this time, Steel City Tap Co. cannot be responsible for any delays due to
material shortages or supply chain issues. If the time and date are not met, no refunds
or discounts will be issued until the global supply chain is normalized. Steel City Tap Co
will do its best to get partial batches out if it cannot complete a full batch, helping until
issues are resolved.***