Sales of Distilling Equipment Terms & Conditions

SALES OF DISTILLING EQUIPMENT TERMS & CONDITIONS

The use and possession of stills and other distilling equipment is heavily regulated by foreign, federal, state, and/or local laws. Distillation of alcohol for consumption or other use in the United States (and various other jurisdictions) without required federal and, where applicable, state licenses or permits is illegal and could result in jail time, fines, forfeiture of property, or other penalties.  If you purchase a Still Spirits still or any other still or distilling equipment supplied by Brewers Supply Group, Inc. or any of its subsidiaries or affiliates (collectively “BSG”), you expressly represent and warrant to BSG that you will comply with (i) all laws applicable to the possession, use and operation of such equipment; and (ii) all instructions for the use and operation of such equipment.

BSG supplies stills and other distilling equipment in jurisdictions throughout the world, including in areas that may not require licenses or permits for the distillation of certain volumes of alcohol or the distillation of alcohol for non-commercial use. Accordingly, if you view any marketing or other communications related to stills or other distilling equipment supplied by BSG that appear to indicate that the equipment may be used to distill alcohol, such communications shall be deemed to include the phrase "with all required licenses and permits and in accordance with all applicable laws."

IF YOU PURCHASE, POSSESS, USE OR OPERATE ANY STILL OR OTHER DISTILLING EQUIPMENT SUPPLIED BY BSG, YOU AGREE AND ACKNOWLEDGE THAT DISTILLING ALCOHOL CAN BE DANGEROUS AND INCLUDES RISKS INCLUDING, BUT NOT LIMITED TO, FIRE, EXPLOSION, AND/OR THE PRODUCTION OF SUBSTANCES THAT MAY BE ILLEGAL OR POISONOUS AND THAT YOU FULLY UNDERSTAND AND APPRECIATE SUCH RISKS AND KNOWINGLY AND VOLUNTARILY AGREE TO ASSUME ALL SUCH RISKS.

If you purchase, possess, use or operate any still or other distilling equipment supplied by BSG you further agree to defend, indemnify, and hold harmless BSG from and against all damages, penalties, losses, claims, suits, other proceedings, and expenses of every kind or nature, whether in contract or tort, including all reasonable attorneys’ fees and costs (collectively, “Losses”), arising from the ownership, possession, use or operation of such still or other distilling equipment, regardless of whether such Losses are reasonably foreseeable and including Losses related to personal injury or death to you or others. You acknowledge and agree that the foregoing agreement to indemnify, defend and hold BSG harmless and the limitation of liability contained herein are integral parts of the transaction to which these Terms and Conditions relate and that without such provisions BSG would not have entered into such transaction with you.

EXCEPT AS OTHERWISE PROVIDED IN THAT CERTAIN “24 MONTH WARRANTY FOR EQUIPMENT PRODUCTS” PROVIDED BY BSGI NZ, A NEW ZEALAND LIMITED COMPANY (“BEVIE”), WHICH IS NOT BINDING ON BREWERS SUPPLY GROUP, INC. OR ANY OTHER BSG AFFILIATE OR SUBSIDIARY EXCEPT BEVIE, BSG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY STILL OR OTHER DISTILLING EQUIPMENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  BSG SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RELATING TO THE STILLS OR OTHER DISTILLING EQUIPMENT IT SUPPLIES, OR THE SALE THEREOF, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND IRRESPECTIVE OF WHETHER BSG OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IF ANY PROVISION HEREOF SHALL BE DETERMINED TO BE ILLEGAL OR UNENFORCEABLE, THE VALIDITY OF THE REMAINING PROVISIONS SHALL NOT BE AFFECTED THEREBY. IF ANY OF THE PROVISIONS IN THIS AGREEMENT ARE DETERMINED TO BE OVERBROAD AS WRITTEN, SUCH PROVISION SHALL BE DEEMED AMENDED TO NARROW ITS APPLICATION TO THE MINIMAL EXTENT NECESSARY TO MAKE THE PROVISION ENFORCEABLE ACCORDING TO APPLICABLE LAW AND ENFORCED AS AMENDED.

If you resell or otherwise transfer any still or other distilling equipment supplied by BSG you agree that: (i) you possess appropriate product liability, commercial general liability, and other insurance coverage in amounts and types sufficient to protect against all reasonably foreseeable claims related to the stills or other distilling equipment you purchased from BSG; (ii) you will obtain from any transferee their express agreement to all of the terms and conditions herein contained; and (iii) you will not assist or recommend that the transferee act in violation of such terms and conditions or any applicable laws or regulations.

Any questions related to the lawful purchase, possession, use or operation of distilling equipment, including stills, or the effects of these terms and conditions, should be directed to a legal advisor who has knowledge of the laws in your jurisdiction.