Terms & Conditions
WE GLADLY ACCEPT YOUR OFFER, BUT THIS ACCEPTANCE IS EXPRESSLY MADE CONDITIONAL ON ASSENT TO OUR ADDITIONAL AND DIFFERENT TERMS AND CONDITIONS.
The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by Brig's Machining Company. ("Brig's Machining") to Brig's Machining's customers ("Customer"). These Terms and Conditions shall apply to the exclusion of all other terms referred to in any purchase order, acknowledgment, confirmation or any other documentation issued by either party, unless agreed in writing and signed by an authorized officer of Brig's Machining; no Brig's Machining employee or agent has the right to modify these Terms and Conditions verbally. If a contract is not earlier formed by mutual agreement in writing, acceptance of any Products shall be deemed acceptance of the Terms and Conditions stated herein. Brig's Machining reserves the right to amend these Terms and Conditions at any time. The most current version of these Terms and Conditions can be found at www.lpps.com
Customer may order software from or through Brig's Machining. Software may be provided by third parties, including support and maintenance related thereto. All such software and related services are offered by Brig's Machining as a distributor or sales agent. The software is provided under the terms of the license attached to it or linked thereto, such as any end user license agreement contained within the packaging of any software or end user license agreement ("EULA") and is between Customer and such third party licensor. Customer is required to accept the EULA before downloading any software or before using any software delivered on physical media. If no such EULA is attached, the software is provided "AS IS." Customer agrees to comply with the terms of such EULA with respect to the software. With respect to such software, Customer shall consider the third party to be the contracting party and such terms shall only be between Customer and such third party. Customer shall solely look to such third party with respect to such software. Brig's Machining is not liable for any losses or damages which may occur from the use of any such software and the Customer hereby releases Brig's Machining from any and all claims arising from or related to the purchase or provision of such software. Notwithstanding the terms herein, software is licensed, and not sold. BY PLACING AN ORDER FOR SOFTWARE, CUSTOMER AGREES TO USE SUCH SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE EULA FOR THAT SOFTWARE.
2. BUSINESS CUSTOMERS.
Brig's Machining is a business to business supplier. Its catalog and any specialogs and other product brochures produced by Brig's Machining are intended for use by business customers and not consumers. By ordering, the Customer represents and warrants that Customer is acquiring the Products on behalf of a business and not as a consumer, unless there is a written agreement between Brig's Machining and Customer stating otherwise.
Orders will be initiated by Customer issuing a purchase order to Brig's Machining. Orders must identify the Products, unit quantities, part numbers, descriptions, applicable prices and requested delivery dates. Orders are subject to Brig's Machining's acceptance. Brig's Machining reserves the right to limit quantities and to refuse to deal with any person.
Orders are billed at the prices (in United States dollars) in effect at the time of shipment. The catalog reflects the latest pricing information available at the time of printing, which is subject to change without notice. Non-standard Products will be sold at the prices set out in the relevant quotation supplied by Brig's Machining. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee. Prices for any rescheduled deliveries may be increased by Brig's Machining in the event of an increase in Brig's Machining's prices or costs or causes beyond Brig's Machining's reasonable control.
Prices do not include federal, state and local sale, use, excise and similar taxes that apply to Products, which Customer will also pay at the applicable rate unless an original signed tax exemption certificate is received by Brig's Machining.
5. TERMS OF PAYMENT.
If Brig's Machining has not granted credit to Customer, payment terms are cash with order. There is a $25.00 service charge on all returned checks.
In the case of any software provided by Brig's Machining electronically for download by Customer, following receipt of payment in cleared funds in full by Brig's Machining (or following Customer's purchase of any software pursuant to the terms of an existing credit agreement between Customer and Brig's Machining), and subject to Brig's Machining's completion of any necessary credit, anti-fraud or compliance checks or procedures, Brig's Machining will send to Customer's email address (as specified by Customer at the time the order was placed) an email containing (i) a hyperlink by which the software can be accessed and (ii) instructions enabling Customer to activate the Software.
If credit has been granted, payment is net 30 days from date of invoice. All payments must be made without set-off or deduction. Retainage shall not apply. Orders are subject to credit approval by Brig's Machining, which may in its sole discretion at any time change the terms of Customer's credit or require advance payment or payment by official bank check.
Customer expressly represents it is solvent at the time it places any purchase order with Brig's Machining. If Brig's Machining reasonably believes that Customer's ability to make payments is impaired, Brig's Machining may cancel any order or remaining balance thereof, and Customer will remain liable to pay Brig's Machining for Products already shipped. Customer will submit such financial information as Brig's Machining may reasonably require for determination of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any payment received from Customer may be applied by Brig's Machining against any obligation owing by Customer to Brig's Machining under this or any other contract, regardless of any statement appearing on or referring to such payment, without discharging Customer's liability for any additional amounts owing by Customer to Brig's Machining. The acceptance by Brig's Machining of such payment will not constitute a waiver of Brig's Machining's right to pursue the collection of any remaining balance. If Customer fails to make payment when due, without prejudice to any other right or remedy, (i) overdue sums will bear interest to date of payment at the annual rate of 18% or such lower rate as may be the maximum permitted by law; and (ii) Brig's Machining will be entitled to reimbursement for all costs of collection and attorneys' fees. Credit cards accepted are MasterCard, Visa and American Express. Customer acknowledges that transactions to which these terms relate are commercial transactions. To the extent not contrary to applicable law, Customer (i) waives any available homestead exemption, (ii) irrevocably authorizes Brig's Machining to appoint a representative to appear in a court of competent jurisdiction to confess a judgment without process in Customer's favor for such amount that remains unpaid, and (iii) consents to immediate execution upon any such judgment. Customer voluntarily and knowingly waives its right to notice, demand, presentment, protest and any hearing to which it may be entitled under any state or federal law relating to any right or remedy (including prejudgment remedies) that Brig's Machining may elect to use or of which it may avail itself.
IMPORTANT NOTICE: A CONFESSION OF JUDGMENT PROVISION AND OTHER WAIVERS CONTAINED HEREIN CONSTITUTE A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE. IF YOU DO NOT PAY ON TIME, THESE WAIVERS ALLOW BRIG'S MACHINING TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE OR YOUR PRIOR KNOWLEDGE. YOU ARE GIVING UP YOUR RIGHT TO NOTICE AND TRIAL. BRIG'S MACHINING MAY OBTAIN JUDICIAL REMEDIES TO COLLECT AMOUNTS DUE REGARDLESS OF ANY CLAIMS YOU MAY HAVE (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR RETURNED OR FAULTY PRODUCTS, FAILURE BY BRIG'S MACHINING TO COMPLY WITH THIS AGREEMENT OR ANY OTHER CAUSE).
6. DELIVERY AND TITLE.
All shipments by Brig's Machining are FOB point of shipment from Brig's Machining's facility and the amount of all shipment charges shall be paid to Brig's Machining by Customer in addition to the purchase price of the Products. Selection of the carrier and delivery route will be made by Brig's Machining unless specifically designated by Customer. Brig's Machining will aim to initiate shipment and deliver the Products as close as possible to Customer's requested delivery date(s). Customer acknowledges that shipment and delivery dates provided by Brig's Machining are estimates only and that Brig's Machining will not be liable for failure to achieve such dates. For the avoidance of doubt delivery of Products within 30 days of the requested delivery date shall constitute timely delivery. Delivery of a quantity within ±10% of the quantity ordered will constitute full delivery. Brig's Machining reserves the right to make deliveries in installments unless there is a written agreement between Brig's Machining and Customer stating otherwise. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s).
Subject to Brig's Machining's right of stoppage in transit, delivery to a carrier will constitute delivery to Customer, and risk of loss of or damage to the Products will pass to Customer at this point. Title to the Products shall remain with Brig's Machining until payment in full for the Products by Customer. Products invoiced and held by Brig's Machining at Customer's request will be held at Customer's risk and expense. Title to software shall remain with the applicable licensor(s), and Customer's rights therein are contained in the EULA between Customer and such licensor(s).
7. CANCELLATIONS, RETURNS.
Brig's Machining may cancel orders which have been accepted by giving notice of such cancellation to Customer by telephone, email or facsimile within 30 days of receipt of such order. Customer may, without charge, cancel an order for standard Products provided the order is scheduled for shipment by Brig's Machining more than 30 days after Brig's Machining receives written notice of cancellation from Customer. Customer may only cancel an order for standard Products scheduled for shipment by Brig's Machining within 30 days after Brig's Machining receives written notice of cancellation if accepted by Brig's Machining in its sole discretion, which acceptance may be subject to Customer accepting a cancellation fee determined by Brig's Machining. Customer may only reschedule an order if accepted by Brig's Machining in its sole discretion. Orders may not be cancelled or rescheduled after delivery by Brig's Machining to the carrier. Customer may not cancel orders for non-standard Products. Non-standard products include, without limitation, products which are special orders, products which do not appear in the catalog, products not customarily in stock, value-added products, opened software, and products identified as otherwise non-cancelable and non-returnable ("NCNR").
Customer is deemed to have accepted the Products unless written notice of rejection is received by Brig's Machining within three days after delivery.
The following provisions apply to the return of Products to Brig's Machining (except where Section 9 applies):
- Brig's Machining will advise Customer at the time of order placement whether any Product ordered is NCNR. NCNR Products may not be returned. Returns are limited to the previous year's volume of purchases of any given Product.
- Brig's Machining will accept Product returns only within 30 days of the date of delivery to Customer.
- Authorization must be obtained from Brig's Machining prior to returning any Product by submitting a return material authorization (RMA) request to the Customer Returns desk. Please allow 24 hours for each request to be processed.
- If approved, Brig's Machining will issue Customer an RMA number. No return of Product will be accepted without a clearly visible RMA number marked on each carton.
- Return freight charges must be prepaid by Customer.
- Product must be in re-sellable condition. Customer will be advised of disposition or credit (whichever applies) after inspection of Product.
- Product returned due to Customer error may be subject to restocking fee.
- Brig's Machining will not be responsible for returned Product lost in transit.
8. COUNTERFEIT PRODUCT PREVENTION CLAUSE
Only products originally shipped from Brig's Machining or from a supplier at Brig's Machining's direction (drop-ship) will be returned to Brig's Machining. All others will be promptly quarantined and disposed of or returned to Customer. By a Customer returning products to Brig's Machining, Customer certifies that the products were purchased from Brig's Machining and there has been no substitution in whole or part of same product from another supplier, distributor or other such source of the product. The return should be in unused condition (except defective).
9. LIMITED WARRANTY
All Brig's Machining products are warranted to be free from defects in material and workmanship and will be repaired or replaced at no charge to Customer, provided return or rejection of product is made within a reasonable period but no longer than one (1) year from date of delivery. This warranty does not cover any damage or discoloration caused by corrosion due to gases, liquids, or any other source, nor does it cover normal wear, unless otherwise specified in the contract. Such returns are contingent on Brig's Machining's examination and reasonable satisfaction that any defects are covered by this warranty and that Customer has not returned the equipment in a damaged condition, due to any negligence, tampering, misapplication or product modification on the part of the Customer or his agents. Brig's Machining shall not be liable for installation charges, for expenses of Customer for repairs or replacement, for damages from delay or loss of use, or other indirect or consequential damages of any kind. Brig's Machining extends this warranty only to Brig's Machining products properly used and properly installed for the particular application for which intended, and this warranty does not cover products which have been modified without Brig's Machining's approval or which have been subjected to unusual physical or electrical stress, alteration, or tampering, or upon which the original identification marks have been removed or altered. Whenever the design of the equipment to be furnished or the system in which it is to be incorporated originates with the Customer, Brig's Machining's warranty is limited specifically to matters relating to furnishing Brig's Machining equipment free of defects in materials and workmanship and Brig's Machining assumes no responsibility for implied warranties of fitness for purpose or use. Any replacement or repair shall be to Brig's Machining's factory, unless otherwise directed. No items shall be returned for warranty repair without prior written authorization from Brig's Machining.
If Brig's Machining breaches this warranty, Customer's remedy is limited to (at Brig's Machining's election) (1) refund of Customer's purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Brig's Machining, along with acceptable evidence of purchase, transportation charges prepaid.
Customer acknowledges and agrees that no Brig's Machining employee is authorized to make any representation or warranty on behalf of Brig's Machining that is not in this Agreement.
SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, BRIG'S MACHINING MAKES NO WARRANTY RESPECTING THE MERCHANT-ABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY BRIG'S MACHINING WOULD NOT HAVE AGREED TO THE PRICE OR TERMS AND CONDITIONS OF THIS AGREEMENT.
10. LIMITATION OF LIABILITIES.
CUSTOMER SHALL NOT BE ENTITLED TO, AND BRIG'S MACHINING SHALL NOT BE LIABLE FOR, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL OR RE-INSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. CUSTOMER'S RECOVERY FROM BRIG'S MACHINING FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED AS SET OUT IN SECTION 23 (DISPUTE RESOLUTION AND LIMITATION ON ACTIONS) HEREOF.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU BUT IN ANY EVENT SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
IF FOR ANY REASON THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE LAW, CUSTOMER AGREES THAT BRIG'S MACHINING'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ACTUAL DAMAGES WITHOUT REGARD TO ANY PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.
California Residents — WARNING: Some of Brig's Machining's Products contain chemicals known to the State of California to cause cancer, birth defects, or reproductive toxicity under certain conditions or at certain levels.
11. PUBLISHED INFORMATION.
Brig's Machining makes every effort to ensure the accuracy of the information published in its catalogs. However, Brig's Machining makes no representations about the information presented, which is provided "as-is" without warranty of any kind. Any specification sheets provided to Customer are produced by the manufacturer or transcribed from information provided by the manufacturer. Product specifications and availability are subject to change without prior notice.
12. LIMITATIONS OF USE.
PRODUCTS SOLD BY BRIG'S MACHINING ARE NOT RECOMMENDED OR AUTHORIZED FOR USE IN LIFE SUPPORT, SURGICAL IMPLANTATION, NUCLEAR OR AIRCRAFT APPLICATIONS OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. Customer agrees that using or selling Products for use in such applications is done at its own risk, and agrees that Brig's Machining is not liable for any claim or damage arising from such use. Customer agrees to indemnify fully, defend and hold harmless Brig's Machining from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of Products in such applications. Use of software will be subject to the terms of any accompanying end user license. BEFORE CUSTOMER USES OR INSTALLS ELECTRICAL PRODUCTS, IT IS CUSTOMER'S RESPONSIBILITY TO CONSULT THE NATIONAL ELECTRIC CODE AND ANY PERTINENT LOCAL, STATE OR NATIONAL CODES, RULES OR REGULATIONS FOR APPROVED INSTALLATION PROCEDURES AND PRECAUTIONS. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD BRIG'S MACHINING HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY BRIG'S MACHINING AND INCORPORATED INTO THE CUSTOMER'S PRODUCT.
13. STATEMENTS AND ADVICE.
If statements or advice (technical or otherwise, and whether or not provided by Brig's Machining's technical support group) are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Brig's Machining will have no responsibilities or liabilities whatsoever for the content or use of such statements or advice.
14. AGE REQUIREMENTS FOR CERTAIN PRODUCTS.
Where the law requires a minimum age for the purchase of certain products, Customer confirms that he or she is over the required age and that delivery of the Products will be accepted by a person over the applicable age limit.
15. FORCE MAJEURE.
Brig's Machining will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. Brig's Machining's time for delivery or performance will be extended by the period of such delay or Brig's Machining may, at its option, cancel any order or remaining part thereof without liability by giving notice to Customer.
16. EXPORT CONTROLS.
Brig's Machining is committed to compliance with all United States of America ("U.S.") Export Regulations and Laws. Brig's Machining will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control ("OFAC"). Brig's Machining will not sell or ship to individuals or organizations identified by the U.S. Treasury as Specially Designated Nationals and Blocked Persons. Brig's Machining will not sell or ship products prohibited under Export Administration Regulations ("EAR") or the International Traffic in Arms Regulations ("ITAR") to individuals or organizations identified by the U.S. Department of Commerce, Bureau of Industry and Security ("BIS") or by the U.S. Department of State, Directorate of Defense Trade Controls ("DDTC"). Furthermore, Brig's Machining prohibits the re-export, brokering or transshipment of its products to any individual, organization or country prohibited by the OFAC, BIS, or DDTC.
Products purchased are subject to export control laws, restrictions, regulations and orders of the United States and may be subject to the export and/or import control laws and regulations of other countries. Acceptance of export orders is not valid unless confirmed in writing by Brig's Machining. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Products or services hereunder. Customer, NOT Brig's Machining, shall be responsible for obtaining any required license to export, re-export or import. Customer shall not name Brig's Machining as shipper or exporter of record in connection with the export of any Products purchased from Brig's Machining.
Any use made of Brig's Machining classifications, whether it be Export Control Classification Numbers ("ECCNs") or any variation of Harmonized Tariff codes, is without recourse to Brig's Machining and at Customer's risk. Export classifications are subject to change. If you export or re-export, Customer, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by Brig's Machining is for Brig's Machining's internal use only and shall not be construed as a representation or warranty regarding the proper export classification nor relied upon to make licensing determinations.
Customer will not directly or indirectly export, re-export, sell or transfer any Product to any country for which an export license or other governmental approval is required without first obtaining all licenses and other approvals. Customer acknowledges that Brig's Machining and its licensors own the intellectual property rights in the Brig's Machining catalogs, the catalog content and the stock numbers, and that their whole or partial reproduction without Brig's Machining's prior written consent is prohibited.
17. EXPORT ORDERS.
All orders of international origin or to an international destination are exported from the U.S. in compliance with EAR or ITAR, as applicable, to the specific product being ordered. The ability to export certain products may be contingent on approval by the Unites States Government and Brig's Machining cannot guarantee such approval. All taxes, duties, insurance, shipping charges, and other international charges and fees are the responsibility of the Customer. Minimum order is $50.00. Information including price quotations, handling, documentation and shipping can be obtained by writing to:
Brig's Machining Company
23190 Del Lago Dr.
Laguna Hills, CA 92653 U.S.A.
Or by contacting the Internet Sales Team:
Terms for payment on export orders are cash or credit card. Cash orders in U.S. dollars will be accepted for immediate processing. Credit terms are available to qualified customers - inquire when placing order.
Either party may terminate the whole or any part of the other party's performance under a purchase order if there is a material breach of these Terms and Conditions. In the event of any such breach, the non-breaching party will provide the breaching party with written notice of the nature of the breach and the non-breaching party's intention to terminate for default. In the event the breaching party does not cure such failure within ten (10) days of such notice, the non-breaching party may, by written notice, terminate
These Terms and Conditions set out the sole and entire agreement between Brig's Machining and Customer with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Customer and Brig's Machining each acknowledges that in entering into this Agreement it has not relied on any representation or undertaking, whether oral or in writing, save such as are expressly incorporated herein. The Terms and Conditions may not be modified or cancelled without Brig's Machining's written agreement. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. The provisions set out in these Terms and Conditions are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of California, other than the conflicts of laws principles thereof, and subject to the jurisdiction of Laguna Hills, California courts.
Brig's Machining shall be entitled, without the consent of or notice to Customer, to assign or subcontract any of its obligations or rights hereunder, including with respect to the sale of products or the right to receive payment. Customer may not assign this Agreement, or any of Customer's rights or obligations herein without the prior written consent of Brig's Machining. This Agreement shall be binding on and inure to the benefit of all such permitted successors and assigns. The relationship between the parties is that of independent contractors and not that of employer/employee, partnership or joint venture. Notices provided under this Agreement shall be in writing and deemed received upon the earlier of actual receipt or three (3) days after mailing if mailed postage prepaid by regular mail or one (1) day after such notice is sent by personal delivery or facsimile transmission. Notices to Brig's Machining must be addressed to: Quality & Compliance Department, Brig's Machining Company, 23190 Del Lago Dr., Laguna Hills, CA 92653. Notices to Customer shall be sent to the physical address associated with Customer's account in Brig's Machining's electronic records. It is Customer's responsibility keep such information current by editing the "My Account" page on www.lpps.com as necessary.
21. PRIVACY, DATA PROTECTION AND DATA.