Terms
These terms apply to quotations issued by Brooks Custom Power Solutions and to orders accepted under them. Products are not sold through this website.
The supplying entity
Products are supplied by BROOKS POWER SYSTEMS, LLC, doing business as Brooks Custom Power Solutions, of Hamilton Township, New Jersey. The registered entity is the party named on a quotation, an invoice and an order acknowledgment.
Quotations and acceptance
An inquiry submitted through this website is a request for a quotation. It does not constitute an order and creates no obligation on either party. An order is formed when Brooks accepts a purchase order in writing. An acknowledgment of receipt, whether displayed on this website or sent by email, is not an acceptance. Brooks may decline an order or limit the quantity supplied.
A quotation is valid for the period stated on it. Where no period is stated, it is subject to written confirmation at the time of acceptance. Where the terms of a quotation or order acknowledgment differ from this page, the quotation or order acknowledgment applies.
Specification
Products are manufactured to the configuration stated in the quotation, including outlet count and spacing, cord length and type, plug and receptacle types, housing, and any agreed marking. A change requested after acceptance constitutes a change to the order and may affect the price and the delivery date.
A specification need not be a drawing. A written description of what is required, including outlet count, housing length, cord length and plug type, is sufficient. Brooks confirms receipt of a purchase order against that specification and then provides an estimated delivery date.
Where the customer supplies a drawing, a specification or a part number to be matched, Brooks manufactures to it. The customer is responsible for determining that the specification is suitable for the intended application. Manufacturing to a customer's specification is not a representation by Brooks that the product is fit for that application.
Delivery
Standard lead time is three to five days. Delivery dates are estimates given at the time of quotation and are not guaranteed. Orders requiring special components may take longer. The estimated delivery date for an order is confirmed when Brooks acknowledges the purchase order.
Freight, handling, insurance, taxes and duties are not included in the quoted price. Unless the quotation states otherwise, products are supplied FOB plant, Hamilton, New Jersey.
A delivery date depends on the volume ordered and the level of customization.
Cancellation
Brooks manufactures custom products to order. An order may not be canceled once Brooks has confirmed it.
Payment
Payment terms are net 30, subject to credit approval. Brooks accepts ACH, bank check and credit card. A new customer pays by credit card, or places a card on hold, until credit is established. A customer seeking credit terms supplies three trade references and bank information. A deposit is required only in unusual cases. Where an invoice is overdue, Brooks may place further orders on hold.
Shipments outside the United States
Where products are shipped outside the United States, the customer is the importer of record. Customs clearance, import duties and local fees are the customer's responsibility, and clearance may delay delivery beyond any estimate given.
A product manufactured to United States electrical standards may not conform to the standards, voltages, labeling or language requirements of the destination country, and a listing or certification held in the United States may not be recognized there. The customer is responsible for confirming that a product may lawfully be imported and used at its destination.
A product that does not match the accepted specifications
Where a product delivered does not match the accepted specifications, Brooks corrects it. Contact Brooks before returning any product.
Warranty and returns
The warranty and the returns policy form part of these terms.
Governing Law and Disputes
These Terms and any sale hereunder are governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Each party submits to the exclusive jurisdiction of the state and federal courts located in New Jersey, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL. In any action to enforce these Terms or collect amounts due, the prevailing party is entitled to its reasonable attorneys' fees and costs. The customer shall pay all costs Brooks incurs in collecting past-due amounts, including reasonable attorneys' fees, collection agency fees and court costs, whether or not suit is filed. Where a sale is made under a U.S. government contract, applicable federal law and the disputes provisions of that contract govern to the extent of any conflict.
Information on this website
Product specifications, drawings and compliance statements on this website describe Brooks' standard products. They do not constitute a quotation or a warranty. Please direct all questions about these terms to sales@brookspower.com.