Terms and Conditions
Welcome to Black Oak Foundry website (“Site”). Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”) and products. Your use of the Site and/or Products constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time.
For information about acceptable payment methods please refer to our Payment Methods page.
Right to Correct, Reject or Cancel Orders
We reserve the right to correct typographic errors and reject or cancel orders because applicable law prevents the sale of the products in your area or for any other reason.
If you, the client returns the product, at your expense, within 10 business days and the product has not been installed and has not been modified in any way, we will issue a full refund. Note: the 10 day period begins when you, receive the product(s).
If the product is returned after 10 days, but no later than 30 days and product has not been installed and has not been modified in any way, the client will be issued a refund, minus 25% restocking fee.
We cannot not accept returns after 30 days.
Water bowls, custom products, and some finishes are non-refundable, but repairable as necessary within the warranty period, you will be notified in advance if this applies, before your purchase is finalized.
Taxes and Governmental Charges
You are responsible for all applicable national, state, provincial and local sales and use taxes, value added taxes, duties, tariffs and other governmental fees which may be imposed in connection with your purchase of products from us. When we collect taxes and other governmental fees from you, the amount collected will be stated separately on the invoice. If you are claiming an exemption from sales tax, you are responsible for providing a valid sales tax exemption certificate and you agree that you will not claim a sales tax exemption for purchases that do not qualify as exempt. If your claim of exemption for any purchase is deemed invalid by the taxing jurisdiction, you will upon request reimburse us for any and all taxes which we are required to pay on that purchase. If any product which you purchase for resale is subsequently used by you, you will pay the use tax directly to the taxing authority, if required by law, or to us if we are required to pay it. For more information contact the appropriate revenue department in your state.
Delivery, Title and Risk of Loss
Delivery occurs at Black Oak Foundry's warehouse when the product is tendered to the carrier or is picked up by the customer.
Title and risk of loss pass to the customer at Black Oak Foundry's warehouse when the product is tendered to the carrier or is picked up by the customer.
Additional Terms Applicable to the Export of Products
Our products are subject to U.S. export control laws and regulations. You acknowledge and agree that you are responsible for and shall comply with all laws, regulations and orders of the United States applicable to the export of products you purchase from us. You represent and warrant as follows:
- You are not designated on or associated with any party named on any of the restricted parties lists published by the U.S. government, including the Denied Persons List, the Entity List, the Unverified List of the Bureau of Industry and Security of the Department of Commerce, or the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control of the Treasury Department
- You shall not engage in the export, reexport, diversion, transfer or other disposition of any product in violation of any laws of the United States, including but not limited to laws administered by the Treasury Department and the Department of Commerce pursuant to which the United States maintains trade embargoes and sanctions against certain countries.
- You are purchasing the products to be exported from the United States and imported to the destination identified in the documentation relating to your purchase of products in compliance with the laws of the United States and that destination.
- You understand and acknowledge that a license or other authorization may be required from the Bureau of Industry and Security, the Office of Foreign Assets Control or other U.S. government agency before exporting or reexporting Products from the United States.
- Unless otherwise expressly agreed by us in the documentation you receive from us relating to your purchase of products, you are responsible for obtaining and paying for any licenses, permits or other authorizations required for exporting or reexporting our products.
- All other costs associated with exporting the products shall be your responsibility.
We do not serve as the importer of products into any country. When the products you purchase from us are imported into another country, you are solely responsible for:
- Compliance with all laws governing that country‘s importation process.
- Obtaining and paying for all necessary licenses, permits, customs clearances and all other authorizations.
- Paying all applicable duties, tariffs and other taxes and government charges imposed by that country upon import, and any brokerage, storage, any other fees or costs associated with the import of the products.
Black Oak Foundry products are backed by a 1 year warranty on the finish and a 5 year warranty on the craftsmanship of our metal (bronze, copper and brass) products, a 1 year warranty on our Pre-Cast Hardstone products.
Black Oak Foundry, Inc. may at our own discretion replace, repair, or refund the original purchase price of any product that has failed or otherwise not functioning as advertised.
Unless otherwise noted, the Site, and all materials on the Site, including images, illustration, text, designs, logos, photographs, video clips, spec sheets and other materials, and the copyrights that are part of this Site (collectively, the “Contents”), are owned, controlled or licensed by Black Oak Foundry, Inc. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or in part, any of the Contents, products, images, illustration, text, designs, logos, photographs, video clips, spec sheets and other materials or the Site, without specific permission.
Limitation of Liability
Black Oak Foundry, Inc. is not liable for damage to structures, equipment, pools or anything in your surrounding environment as a result of using our products or any product offered by Black Oak Foundry, Inc.. Black Oak Foundry, Inc. is also not liable for bodily injury to yourself or others as a result of using our products.
Black Oak Foundry, Inc. will not be liable for any damages or injury caused by the use of the Site, including but not limited to, any failure of performance, error, omission, defect, interruption, delay in operation of transmission, computer virus, or line failure.
You agree to defend, indemnify and hold Black Oak Foundry, Inc. harmless from and against any all claims, damages, cost and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or any Products offered by Black Oak Foundry, Inc..