Terms & Conditions

  1. Order & Acceptance. BJ Rees’s Enterprise acceptance of the order of the goods identified in this invoice (“Goods”) is expressly made conditional on Buyer’s acceptance of the terms and conditions in this invoice. Buyer’s payment for all or part of the Goods or Buyer’s acceptance of all or part of the Goods will be conclusively deemed as Buyer’s assent to these terms and conditions. These terms and conditions constitute the complete, exclusive, and fully integrated statement of the agreement between Buyer and BJ Rees’s Enterprise, concerning the Goods, and supersedes any prior agreement, understanding, or negotiation, whether oral or written, between Buyer and BJ Rees's Enterprise. Buyer expressly waives all provisions contained in any of Buyer’s correspondence or forms involved in this sale that negate, limit, extend, or conflict with the terms and conditions in this invoice. No course of performance, course of dealing, or usage of trade modifies, adds to, or otherwise alters these terms and conditions.
  2. Payment. Payment terms are net 30 days from the date of this invoice, payable in money. A service charge of 1.5% per month (18% per year) will be made on past-due accounts. Taxes are excluded unless otherwise stated. No Goods may be returned for credit without first obtaining written consent from BJ Rees's Enterprise.
  3. Delivery. Upon tender of the Goods for delivery F.O.B. BJ Rees's Enterprise's, all risk of loss or damage and other incidents of ownership pass to Buyer, but BJ Rees's Enterprise retains a security interest in the Goods until the purchase price is paid. Delivery dates are not guaranteed, and BJ Rees's Enterprise will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date.
  4. Warranty. There are no warranties that extend beyond the description of the Goods on the face of this invoice. Otherwise, the Goods are sold “as is” and “with all faults.” BJ Rees's Enterprise explicitly disclaims all other warranties, whether express or implied, including warranties of merchantability and fitness for a particular purpose. Any technical information or assistance provided by BJ Rees's Enterprise agents or employees or oral statement made by BJ Rees's Enterprise's agents or employees about the Goods is given without warranty or specification and accepted at the Buyer’s risk. Buyer acknowledges that it has not been induced by and is not relying on any statements or representations of BJ Ree's Enterprise's agents or employees with respect to the quality or condition of the Goods. Buyer is responsible for testing the Goods before it purchases them. Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Buyer has chosen to make and that BJ Ree's Enterprise has afforded Buyer the opportunity for full and complete investigations, examinations, and inspections.
  5. Limitation of Liability. Buyer’s exclusive remedy for any claims related to warranty or the quality of the Goods (whether arising in tort, contract, or any other theory of liability) for any loss or damages arising out of, connected with, or resulting from the Goods or the terms and conditions in this invoice, is, at BJ Rees's Enterprise's discretion, to either replace the Goods or refund the purchase price upon their return. In no event will BJ Rees's Enterprise be responsible or liable to Buyer for indirect, special, incidental, liquidated, punitive, consequential, or other damages even if BJ Rees's Enterprise has been advised of the possibility of such damages. No action, regardless of form, arising out the transaction under this invoice may be commenced by Buyer more than 12 months after the cause of action has accrued.
  6. Indemnification. Buyer shall indemnify and hold BJ Rees's Enterprise harmless from and against any and all claims, demands, lawsuits, damages, liabilities, costs, and expenses (including attorney fees) incurred by reason of any injury to or death of any person or damage to any property resulting from or arising out of any act, error, omission, negligence, or misconduct by Buyer in connection with the Goods.
  7. Force Majeure. BJ Rees's Enterprise is not liable for any delays in performance or for non-performance due to unforeseen circumstances or causes beyond Reesco’s reasonable control.
  8. Miscellaneous. The laws of Utah (without giving effect to its conflicts of law principles) govern the transaction under this invoice and these terms and conditions. No amendment to these terms and conditions will be effective unless it is in writing and signed by Buyer and BJ Rees's Enterprise. The prevailing party in any adversarial proceeding arising out the transaction under this invoice or these terms and conditions will be entitled to costs, expenses, and attorney fees. BJ Rees's Enterprise's waiver of any provision in these terms and conditions will not be effective unless it is in writing and signed by BJ Rees's Enterprise. A waiver granted on one occasion will not operate as a waiver on other any other occasion. Each provision in these terms and conditions will be interpreted in a way that is valid under applicable law. If any provision is held invalid, the rest of these terms and conditions will remain in full effect.