Purchase Agreement

By accepting delivery of any product or service delivered from or by Draft Heads Inc. ("Draftheads.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Draftheads.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Draftheads.com. Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place a service order with or accept delivery of any goods from Draftheads.com.

Warranties

Draftheads.com IS A SERVICE/INSTALLER ONLY. PRODUCTS SOLD BY Draftheads.com ARE NOT MANUFACTURED BY Draft Heads Inc.. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). Draftheads.com ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. Draft Heads Inc. MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Draftheads.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH Draft Heads Inc. ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR Draftheads.com , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Limitation of Liability

BY USING THE Draftheads.com WEB SITE, CUSTOMER EXPRESSLY AGREES THAT THE USE IS AT YOUR SOLE RISK. Draft Heads Inc., ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE IN ANY CIRCUMSTANCE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE Draftheads.com WEB SITE. IN NO EVENT WILL COMPANY'S MAXIMUM LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OF PRODUCT, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

General Terms and Conditions

Order

An order is not binding upon Draftheads.com until accepted by Draftheads.com. We must receive payment before it will accept an order, except for those accounts on a Net Term basis. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Draftheads.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest interest rate allowed by law, whichever is less. 

Service Call

A service call is not binding upon Draftheads.com until accepted by Draftheads.com. We must receive payment right after service call is completed, except for those accounts on a Net Term basis. Payment for service call(s) is due after signing the service call ticket making the service call complete. Customer can make payment by credit card, or some other method prearranged with Draftheads.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest interest rate allowed by law, whichever is less.

Inventory Availability

Draftheads.com cannot guarantee inventory availability. Due to ongoing sales, available inventory at the time of purchase may not actually be in stock when the order is recorded, because another order for the same product may have preceded it.

Additionally, in the event that a product or products has/have been ordered and are out of stock, Draft Heads Inc. will make every effort to fill the order. However, in the event that the product(s) can not be filled, Draft Heads Inc. will contact the purchaser to ascertain whether or not to complete the order with the available items.


By law, Draft Heads Inc., is required to obtain a signature from an adult (21+), and be registered as manager and/or a representative of company that can make decisions.The purchaser must agree to this condition in order to complete a successful transaction.

We will make three (2) attempts to deliver a package/product(s) (on successive business days) before the package/product(s) is returned to Draftheads.com.If a package is returned, the cost of the original delivery is the responsibility of the customer and is not eligible for reimbursement or refund. Additionally, if a package is returned, the customer will provide funds for re-sending the packages.

Multiple User

Customer is solely responsible for management of all aspects of the account, including without limitation, ensuring that the Primary User and any authorized additional users is kept up-to-date and account information. Customer is personally liable for payment of any orders that are placed or charges incurred as a result of use of Customer account. Draftheads.com assumes no responsibility for unauthorized purchases, which may be made using the Company's credit card or net term account. Fraud

Prevention

Draftheads.com can only ship to location that were submitted with your initial application and confirmed. For fraud prevention purposes, if your billing address and shipping addresses are different, we must verify your shipping address. Please contact the bank that issued your credit card and have your shipping address listed as an alternative address in that bank's memo field. Please make sure your credit card issuer bank's phone number is correctly listed in your Draftheads.com account information. To prevent delays in processing the Primary Account Contact should keep the shipping address list up to date.

Return Policy

If you are not completely satisfied with your purchase and or cancel project in progress, please contact us. Your satisfaction is our ultimate concern. Authorization is required for any merchandise return. Contact us for a return authorization number, describe the items being returned and the reason. All returned items must be shipped within fifteen (15) days of receipt. Items must unused and in original condition including the original packaging, documentation, warranty cards, manuals, and accessories. All orders filled correctly are subject to a minimum 25% ($15.00 minimum) handling and restocking charge. Customers are responsible for all shipping charges. Shipping charges must be prepaid on all return shipments. And for your protection, we recommend you insure all returned packages. Draft Heads Inc. and/or supplier(s) is/are not responsible for returned shipments that are lost, pilfered, or damaged. Cancellations or refusal of orders, which have already shipped, are subject to the minimum 25% ($15.00 minimum) handling and restocking charge. Heavy or oversize items that shipped via freight carrier, including keg refrigerators, are also subject to return freight charges.

Non-Returnable Products

Custom made, special orders, manufactured to order, or clearance products cannot be returned for credit unless it is a Draft Heads Inc. or supplier error.

Refund Processing Time

Draft Heads Inc. at the moment, does not warehouse high prices products ( exp. glycol power packs, trunklines, blenders). Our accounting staff will work to process returns as quickly as possible. But processing returns, vendors accepting product back, and posting refunds to credit card, can be complicated. Once returns are received, please allow 20 to 60 business days for a refund to be posted to your credit card.

Shipping Charges

Your total cost for purchase of any product will include freight charges shown on the Draftheads.com invoice.

Risk of Loss

Draftheads.com will arrange for shipment of ordered product(s) to the Customer, and risk of loss passes to the Customer upon delivery to the carrier. Draftheads.com will advise Customer of estimated shipping dates, but Draftheads.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.Shipping times are not guaranteed by Draft Heads Inc. or courier.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Draftheads.com and Customer shall be governed by the laws of the State of Florida, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Draftheads.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Florida, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, and equity or otherwise, against Draftheads.com that is more than one year after the date of the applicable invoice. Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Florida law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with Draftheads.com invoice regarding the products ordered or service rendered to/by Customer, Shipping Policy outlined on the website, as well as any other stipulations and conditions outlined and contained within the Draftheads.com website, are the complete and exclusive agreement between Draftheads.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Draftheads.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.