The Synergy Brewing Systems (www.synergybrew.com) web site (the “Site”) is an online information and product ordering service provided by Synergy Metalworking LLC, subject to the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY before accessing or using the site. By accessing or using the site, you hereby agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Synergy Metalworking LLC may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

The customer agrees to follow all safety procedures and guidelines set fourth and follow all local, state and federal laws and codes in regards to use of our products and services. All of our brewing equipment is designed for outdoor use only. User must be 21 years or older to operate and is responsible for keeping equipment while in use or storage away from children and unsupervised adults. User agrees that Synergy Metalworking LLC will not be held liable for any damages or injuries that may arise from the use or misuse of our products and services. User assumes full liability for the use of our products and services.

COPYRIGHT AND LICENSES

The entire contents of this Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks is Synergy Metalworking LLC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Synergy Metalworking LLC a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Synergy Metalworking LLC by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Synergy Metalworking LLC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Synergy Metalworking LLC.

USE OF THE SITE

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR PRODUCTS, THE SITE AND THE INTERNET. Synergy Metalworking LLC provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Synergy Metalworking LLC shall not be liable for any pricing errors, or any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally.Synergy Metalworking LLC does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

LIMITATION OF LIABILITY

In no event will Synergy Metalworking LLC be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, products or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Synergy Metalworking LLC or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Synergy Metalworking LLC liability is limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Synergy Metalworking LLC, its officers, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, including negligent or wrongful conduct) by you or any other person accessing the Service.

THIRD PARTY RIGHTS

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Synergy Metalworking LLC and its officers, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

TERMINATION

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

MISCELLANEOUS

This Agreement shall all be governed and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be performed in Oregon. You agree that any legal action or proceeding between Synergy Metalworking LLC and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Oregon. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Synergy Metalworking LLCfailure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Synergy Metalworking LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

MISPRINT AND ERRORS

Synergy Metalworking LLC is not responsible or obligated to honor any price or quantity misprint on the Site. Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the Site are advertisements only. They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance by Synergy Metalworking LLC.

PAYMENT

Payment must be received within 10 days of placing an order. If payment is not received within this time frame the order will be canceled.

We accept Paypal, money orders, cashier’s checks, personal checks, and credit cards for payment.
Personal checks must clear before the item is shipped, so please allow up to 14 days for confirmation that your check has cleared. For faster processing, pay via Paypal, cashier’s check, or money order.

For custom order items subject to prepayment, a 50% deposit is required to confirm orders, with the balance due prior to shipping. Custom orders are not refundable. Please be sure to double check your order before placing it. Synergy Brewing Systems will not be held liable for any misinformation or errors provided to us by the customer. Please contact us if you have any questions about a custom order prior to placing it. Email custom order information toinfo@synergybrew.com

SHIPPING

All orders are shipped via UPS or Fed Ex and are insured for the full retail cost of the item. We typically ship out orders within a 1-3 week time frame, depending on our current work load. Tracking numbers our sent out to the customer at the time the item ships.

Shipping fees are not refundable under any circumstance. Synergy Brewing Systems reserves the right to mitigate with the purchaser, and adjust or waive shipping charges at our discretion, only if there is an error found on our behalf. In this case you must notify Synergy Brewing Systems of the problem, and we will promptly fix, repair or replace the error for no charge to the customer.

Other shipping methods are available upon request, however, should you select uninsured shipping we will not be held responsible for loss or damage of your purchase.

International Shipping Information is available upon request.

We will ship international orders when payment is made via a verified PayPal account.

RETURNS

Returns will be accepted only if the return is sent,and Synergy Brewing Systems is notified, within three days of the delivery confirmation date. All returned items are subject to a 20% restocking fee at our discretion.

A full refund of the purchase price, excluding the shipping, will be made promptly upon receiving the merchandise in the same condition in which it was shipped from Synergy Brewing Systems. Items that are found to have been used, altered, mis installed,or damaged in any way by the customer will be refused and returned to the customer. We also reserve the right to repair or replace the item for a fee at our discretion.

There are no refunds on items damaged in shipping. In that case, you must file a claim with the carrier and contact Synergy Brewing Systems to request product replacement or repair.

Orders that are paid for with a credit card and returned will be assessed a $30.00 processing fee.

Orders that are cancelled within 72 hours of placing the order will be fully refunded minus a 30.00 processing fee if the order was placed using a credit card.

Orders that are cancelled after 72 hours of placing the order will be subject to a 15% restocking fee and an additional 30.00 processing fee if the order was placed using a credit card.

All return packages are to be fully insured for the original retail cost and must be returned with all original packaging and packaged in the same manner as it was received. You must notify us of any return so that we will be expecting your package. Returns that are sent without our prior knowledge will be refused.

We do not refund shipping costs or credit card fees. They will be deducted from the total amount of your refund. Please be sure to double check your order and notify us immediately if there are any questions or concerns. It is the customers responsibility to verify that a placed order is correct. If you are unsure or have any questions regarding our terms and conditions please contact us and we will be more than happy to clarify them with you.

WARRANTY

Synergy Brewing Systems guarantees that all of our products are free from defects, and that all products will function in the manners described for a period of one year from date of original purchase. If a product is found to be defective upon receiving we will replace or repair the product free of charge. Items damaged from normal wear and tear or misuse will be repaired for a nominal fee to be determined at our discretion.

Chugger Pumps offers a 1 year limited warranty on all brewing pumps.

RESERVATION OF RIGHTS.

Any rights not expressly granted herein are reserved.