° E.H. Burrell Co., Inc. (Burrell) values you as a customer and your right to privacy. Except as may be otherwise required by law, E.H. Burrell will exercise commercially reasonable efforts to ensure that your personal information remains confidential and available only to Burrell's, and its employees, agents, and contractors. Burrell's will not sell your personal information to third parties.

° You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout. If pricing for Products you have ordered changes after you place your order but before your order is shown as "CLOSED" in your order history on the web site, you may cancel your order for the Products and place a new order for the Products.

° It is your responsibility to promptly notify your bank of any changes to your billing information, or of any loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable.

° Notwithstanding any statements on the web pages or these bullet points, the Terms and Conditions are the agreement between you and Burrell's. By submitting each order at checkout, you confirm and affirm that you have read, understood and agree to the Terms and Conditions, of the form in which they appear at the time the order is submitted at checkout.

1. Offer and acceptance. By submitting a completed order form, you offer to purchase, on and pursuant to these Terms and Conditions and the order form, the items (collectively, "Product") you select and submit to Burrell's for purchase via the order form. Your offer may be accepted by Burrell's by sending you an electronic confirmation that your order has been received and accepted. It shall be in Burrell's discretion to accept or reject your offer. If Burrell's accepts your offer, these Terms and Conditions and the order form collectively constitute a legal agreement between Burrell's and you governing your purchase of the Product from Burrell's over the online shopping service.

2. Responsibilities. If Burrell's accepts your order, Burrell's shall, in return for your payment, provide the Product which you order through the online shopping service. The Product shall be delivered to you at the delivery address you designate. Your payment for the Product and shipping, including sales taxes and assessments, is due upon completion of your order on-line. Burrell's will charge the payment to the credit card which you submit to Burrell's, and will collect the payment from your bank. You authorize Burrell's to make and collect such charge, and agree to make payment to Burrell's if Burrell's cannot collect the charge for any reason. The total amounts you shall pay for the Product per each order shall be the sums of the respective prices for the items you select and submit via the order form, plus all applicable sales taxes and shipping charges, as reported to you as the "TOTAL" in the order form.

3. Product Pricing and Shipping Charges. You will be charged the prices quoted for Products you have selected for purchase at the time you submit your order at checkout. If pricing for Products you have ordered changes after you place your order and your order is not yet shown as "CLOSED" in the order history page available to you on Burrell's web site, you may cancel your order for the Products and place a new order for the Products. (Please note that Burrell's will not notify you that pricing has changed, but you may re-visit the web site after submitting your order and learn that a change has occurred. If you find a pricing change, you may check the status of your order on the order history page of the site. If the order is not shown as "CLOSED", you must cancel your order and place a new order to receive the changed pricing. If you do not cancel your order in such instance, your order will be filled and you will be charged the pricing shown on the web site at the time you submitted the order.) Shipping charges may also change from time to time, however; you will be charged the shipping charges quoted at the time you submit your order at checkout.

4. Communications. Burrell's shall conclusively presume that online communications received from you through your use of the online order form and registration process are accurate, complete, and authorized by you as received by Burrell's. You agree not to contest the validity and binding legal effect of those communications.

5. Shopper registration. You agree to complete the initial registration process according to Burrell's requirements stated on the Web site, and to provide Burrell's with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery addresses, and telephone number. You must provide Burrell's with an accurate and complete credit card number and expiration date at the time of submitting your online purchase order. You represent and warrant to Burrell's that your use of any credit card is authorized and legal.

6. Shopper information changes. It is your responsibility to promptly notify your bank of any changes to your billing information or loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as applicable.

7. Delivery. Burrell's shall deliver the Products to you at a single delivery location you designate that is within the delivery zone authorized by Burrell's.

8. Substitution Policy. Although Burrell's believes that it will have sufficient inventory to fill your orders, it is possible that certain Products may be unavailable, from time to time. In the event an item you have ordered is temporarily unavailable, Burrell's will attempt to notify you and will fill the remainder of your order.


9. Product Information. Burrells's will attempt to update Product information as and when changes come to the attention of BUrrell's. However, Burrell's is not responsible for any inaccuracy or misstatement of any such information. You should read the Product information upon delivery or contact the product manufacturer.

10. Disclaimer of warranty. Burrell's online shopping services are provided on as "AS IS", "AS AVAILABLE" basis, and Burrell's does not provide any assurances of the availability or usability by you of the online shopping services. Burrell's makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on the web site. Burrell's MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE.

11. Limitation of liability. Burrell's shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequence beyond the reasonable control of Burrell's. Any liability of Burrell's, its employees, affiliates, or agents, to you for damages, losses and causes of action, whether in contract, tort, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to Burrell's in the twelve (12) months (or, if less, such shorter period of your use of the online shopping service) immediately prior to the claimed injury or damage.

12. Confidentiality. Burrell's values you as a customer and your right to privacy. Except as may be otherwise required by law, Burrell's (i) will exercise commercially reasonable efforts to ensure that your credit card information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with Burrell's online shopping services or otherwise for Burrell's general business purposes and (ii) will not sell your name, address or similar personal information to third parties or permit the use of such information outside the scope of the Burrell's online shopping service or Burrell's general business purposes. Burrell's may, and reserves the right to, use and disclose internally within Burrell's any aggregated information, including information you provide to Burrell's, regarding Burrell's customers and usage of the online shopping service, for any purpose.

13. Applicable law. These Terms and Conditions and the order form, collectively constituting the sole and entire agreement between Burrell's and you regarding the online shopping services, are governed by laws of the State of Oregon without regard to conflict of laws rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in Salem, Oregon.

14. Changes to Terms and Conditions. Burrell's reserves the right to, from time to time, with or without notice to you, in Burrell's sole discretion, amend the Terms and Conditions for use and purchases regarding the online shopping services. Any amendments by Burrell's will be effective only as to orders you place subsequent to Burrell's revisions of these Terms and Conditions on the web site to reflect the amendments. Burrell's will plan to notify you of any material amendments to the Terms and Conditions, however, it is your responsibility to review the Terms and Conditions prior to submitting each order and Burrell's has no responsibility to notify you of any changes prior to effectiveness of the changes or otherwise.

15. Terms and Conditions Govern. These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and Burrell's regarding your online purchases. All statements otherwise made on the web site are intended only for your convenience and do not form and are not included in the terms for your purchase.

16. Taxes. If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to Burrell's and you must timely pay such taxes or amounts.

17. Burrell's Right to Refuse Service. Burrell's, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.