These Ordering Policies (the “Policies”) constitute a binding legal contract between you and BridgePort Brewing Company (“Brewery”), the owner and operator of the website located at www.bridgeportbrew.com (the “Site”). By ordering any merchandise via the Site, you signify your acceptance of these Policies, as may be amended or supplemented from time to time. Please print a copy of this agreement for your records.

These Policies are intended to supplement the Website Terms of Use Agreement. Click here to view that contract. To the extent there is any conflict or contradiction between these Policies and the Website Terms of Use, these Policies shall take precedence and control.

Brewery takes the issue of privacy and security on the Internet very seriously. To view our Privacy Policy, click here.

Shipping

Fulfillment will take place between the hours of 8:00 a.m. and 5:00 p.m. Pacific Time Monday through Friday. Orders will be pulled and shipped within 3 to 5 working days of receipt in most cases; please allow 7 to 10 working days for fulfillment and shipment of out-of-stock items. Your credit card will not be charged until the order ships.

Product Display

We have made every effort to display the products featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color, texture, or detail of actual merchandise. For optimal viewing, we recommend setting your monitor to a minimum resolution of 800 x 600.

Returns and Restocking

We will pay for all returns for faulty or mis-shipped merchandise, including shipping both ways. We guarantee our products to be free of defect and will replace faulty goods if claims are made within 10 days of receipt. We are not responsible for shrinkage due to washing, and will not accept worn/washed items unless due to faulty workmanship of the embroidery, print or garment construction. Shipping for all other returns must be paid by you.

Disclaimer of Warranties

THE EXPRESS WARRANTY MADE IN CONJUNCTION WITH EACH SPECIFIC PRODUCT IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES. BREWERY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF A PRODUCT HAS BEEN PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S.C. § 2301, ANY IMPLIED WARRANTY OR WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.

Waiver and Limitation of Liability

You hereby acknowledge that the warranty and the accompanying obligations and liabilities of Brewery are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of Brewery. You acknowledge by your use of products ordered via the Site that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with the products.

BREWERY HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT BREWERY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 U.S. C. § 2301.

IN NO EVENT SHALL BREWERY BE LIABLE TO YOU FOR DAMAGES WHICH EXCEED THE PURCHASE PRICE OF THE PRODUCTS PURCHASED BY YOU. SOME LAWS MIGHT NOT ALLOW LIMITATION OF CERTAIN DAMAGES ON PURCHASES FOR CONSUMER USE SO ONE OR MORE OF THESE LIMITATIONS MIGHT NOT APPLY TO YOU.

Follow all instructions and heed all warnings accompanying any product ordered from the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children.

YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST BREWERY ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS BREWERY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.

Modification

Brewery may change these Policies at any time. Any change shall be effective immediately upon its posting on the Site. You agree that you will be bound by these Policies, however and whenever changed, whether you have actual or constructive notice of, and whether you have ordered, used or received products after, the changes.

Severability

If any provision of these Policies is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from these Policies and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

These Policies, the entire relationship between you and Brewery, and any litigation or other legal proceeding between you and Brewery (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts located in Bexar County, Texas.