Terms and Conditions
THESE TERMS AND CONDITIONS (“TERMS”) APPLY TO THE PURCHASE OF PRODUCTS MADE AVAILABLE FOR SALE BY BELLWETHER COFFEE CO. (“BELLWETHER”) PLEASE READ THESE TERMS CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER FOR PRODUCTS ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS THEN YOU MAY NOT PURCHASE THE PRODUCTS. FOR PURPOSES OF THESE TERMS, “YOU” AND “YOUR” MEAN THE CUSTOMER PLACING AN ORDER FOR BELLWETHER PRODUCTS AND “WE”, “US” AND “OUR” REFER TO BELLWETHER.
1. ORDER
Orders for Bellwether products (“Products”) may be made by the Customer by contacting Bellwether or via the Bellwether Website at www.bellwethercoffee.com (an “Order”). Customer agrees that all Orders are subject to written acceptance by Bellwether.
2. DEPOSIT
Acceptance of an Order shall be subject to payment by Customer of the full deposit amount (the “Deposit”).
3. PRICING
The pricing for the Products will be the pricing quoted at the time of the Order's acceptance. Pricing, discounts, and promotions are subject to change at any time. The pricing provided for Products in an Order does not include taxes or duties.
4. DELIVERY
Bellwether will use commercially reasonable efforts to meet desired delivery dates but does not guarantee delivery dates and will not be liable to Customer in any way for any late shipment. Products will be delivered to Customer’s facilities or designated address in the Order. Customer will be responsible for any redelivery or rerouting charges associated with providing incorrect shipping address. Title (other than to licensed software) and risk of loss or damage to Products shall pass from Bellwether to the Customer at the shipping point. For Products that are hardware, delivery and acceptance by Customer shall be deemed to have occurred at the shipment point. Customer will pay for all taxes, import and export license and permits, customs charges and duty fees and take other actions required, at Customer’s expense, to accomplish the export and import of the Products purchased by Customer. Bellwether reserves the right to ship items in a single or in multiple shipments. Customer is responsible for meeting all site requirements for Product delivery and installation and is responsible for all costs associated with the installation of the Products unless otherwise stated in Order.
5. CANCELLATION OF ORDERS
Prior to shipment of any Product in the Order, Customer may cancel the Order by providing a written request to Bellwether to cancel such Order to support@bellwethercoffee.com (“Notice of Cancellation”). For the avoidance of doubt, cancellation of Orders shall be subject to Bellwether’s receipt of Notice of Cancellation prior to shipment of any Product included in the Order. Once any Products in the Order are shipped by Bellwether such Order is non-cancelable, and the Products in such Order are non-returnable by the Customer (except as permitted under the Limited Warranty described in these Terms). Under no circumstances shall the Deposit be refunded. Refunds will only be issued to the original payment method.
I. In the event of cancellation less than thirty (30) days from when final payment is received and prior to shipment, Bellwether will refund to Customer 75% of the pre-paid amounts for the Products in such Order (except for the Deposit).
II. In the event of cancellation more than thirty (30) days from when final payment is received and prior to shipment, Bellwether will refund to Customer 50% of the pre-paid amounts for the Products in such Order (except for the Deposit).
6. NOT FOR RESALE
Customer represents and warrants that Customer is purchasing the Products solely for its own internal business use and not for resale or export. Customer further represents and warrants that all purchases are intended for final delivery to location specified on Order. Any breach of this Section 6 shall result in an automatic termination of the license provided in Section 12 and shall render the Limited Warranty void.
7. USE OF PRODUCTS
Customer shall use the Products in strict accordance with all applicable local, state and federal laws, regulations and guidelines. Customer shall comply with the instructions, safety precautions, limitations, or other requirements related to the use of the Products provided by Bellwether (the “Product Documentation”). Except for the services provided by Bellwether pursuant to the Limited Warranty described below, Customer is responsible for the maintenance of the Product. Customer shall not permit the Products to be repaired by anyone other than an authorized service provider (as provided on the Website or otherwise provided to Customer in writing by Bellwether) (an “Authorized Service Provider”). Unauthorized repairs are not permitted.
8. PAYMENT TERMS
Unless otherwise provided in an Order, the initial deposit is required at the time the Order is placed and the balance will be owed no less than 60 days prior to shipment. Bellwether may cancel any unfilled shipment, or a new shipment, upon Customer’s failure to make any payment when due. Overdue payments shall be subject to finance charges computed at a periodic rate 1.5% per month or the maximum rate permitted under applicable law. In no event shall Customer set off any payment due in connection with this transaction or any claim or an amount owed by Bellwether to Customer in connection any transaction. In the event Customer defaults in its obligations hereunder, Customer shall be liable for Bellwether’s costs of collection, including reasonable attorneys’ fees. Bellwether retains a first priority security interest in the Product sold until Bellwether receives payment in full for the Product, and Bellwether has the right to file a copy of the applicable invoice with appropriate authorities at any time in order to perfect such security interest. Customer agrees to pay when due and indemnify Bellwether should Customer fail to pay for any taxes, duties, customs, fees, fines, assessments, and penalties relating to an Order or the Products.
9. PROPRIETARY INFORMATION PRIVACY AND FEEDBACK
The information and material contained on the Bellwether Website and Product Documentation is confidential to Bellwether and made accessible to the Customer with the condition that it will not be copied or otherwise reproduced by Customer and will not be used or disclosed to any third party by Customer except as authorized in writing by Bellwether. Customer shall not modify, alter, add to or authorize any third party to modify, alter or add to, any labeling of the Products without prior written consent from Bellwether. Bellwether’s Privacy Policy, located at https://bellwethercoffee.com/privacy-policy, governs the processing of all personal data provided to Bellwether by Customer in connection with the purchase of the Products. Bellwether may use any proprietary or confidential information that Bellwether collects from Customer to create aggregate data that does not identify any specific individual or entity. Suggestions, feedback or input relating to the Products provided by Customer, its employees or agents will be owned by Bellwether even if designated as confidential (“Feedback”). Bellwether is hereby authorized to use Feedback for any purposes without restriction including, without limitation, to improve its Products. No attribution, fee or royalty shall be owed to the Customer for the use of such Feedback by Bellwether.
10. COMPLIANCE WITH LAWS
Customer will comply with all export laws and regulations of the United States, including the regulations of the U.S. Department of Commerce, and any applicable laws and will not import, export or re-export or authorize a third party to import, export or re-export any Products, technical data or other items in violation of applicable law.
11. CHANGES
Bellwether reserves the right at any time, without notice, to make changes in design or additions to, or improvements in, the Products without liability or obligation to install such change, addition, or improvement in any Products manufactured prior thereto. Bellwether reserves the right to discontinue or withdraw any Product without notice.
12. SOFTWARE/FIRMWARE
All software, including the Bellwether proprietary software, or firmware contained in the Products is licensed, and not sold, pursuant to the software license set forth here. To the extent that the Product contains any software or firmware not governed by a separate software license agreed to by the parties in writing, Bellwether hereby grants the Customer (subject to Customer not being in breach of any of these Terms) a nonexclusive, nontransferable, non-sublicensable right and license to use, perform, and display such software or firmware solely in executable code form. Customer shall not (a) reproduce any such software or firmware; (b) decompile, alter, disassemble, reverse-engineer, or otherwise attempt to derive the source code of any such software or firmware; (c) distribute, sell or resell, assign, pledge, sublicense, lease, loan, rent, timeshare, or otherwise transfer such software or firmware; or (d) remove from such software or firmware or alter any of the trademarks, trade names, logos, patent, or copyright notices or markings.
13. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL BELLWETHER BE LIABLE TO CUSTOMER OR ANY THIRD PARTIES FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, CONTINGENT, STATUTORY, OR OTHER SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA) RELATED TO THESE TERMS OR THE PURCHASE, ACCESS, USE OF (OR INABILITY TO USE) THE PRODUCTS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF BELLWETHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BELLWETHER’S LIABILITY FOR DAMAGES IN CONNECTION WITH THE PURCHASE, ACCESS OR USE OF ANY OF ITS PRODUCTS INCLUDING, WITHOUT LIMITATION, ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THE ORDER FOR THE PRODUCT SUBJECT TO SUCH CLAIM.
14. DISCLAIMER
EXCEPT FOR THE LIMITED WARRANTY ATTACHED TO THESE TERMS (SEE BELOW), ALL PRODUCTS AND SERVICES OFFERED BY BELLWETHER ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE LIMITED WARRANTY IN THESE TERMS ARE MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. BELLWETHER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EXCEPT FOR THE LIMITED WARRANTY PROVIDED BELLWETHER IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR LOSSES TO CUSTOMER, ITS EMPLOYEES, CONSULTANTS OR ANY THIRD PARTY CAUSED BY THE INSTALLATION, OPERATION, MAINTENANCE OR USE OF THE PRODUCT. BELLWETHER SHALL NOT BE RESPONSIBLE FOR FAILURE UNDER THESE TERMS CAUSED BY AN ACT OUTSIDE OF BELLWETHER’S CONTROL INCLUDING, WITHOUT LIMITATION, EPIDEMICS, LACK OF SUPPLIES, OR LABOR DISPUTES. CUSTOMER’S BREACH OF THESE TERMS SHALL RESULT IN AUTOMATIC TERMINATION OF THE WARRANTY PROVIDED IN THESE TERMS.
15. INDEMNIFICATION
Customer agrees to defend, indemnify and hold harmless Bellwether, its directors, officers, managers, agents, employees, contractors, and any of their respective successors and assigns against any loss, expense, damage, or liability as incurred arising out of any claim, suit, or judgment brought by any person for loss, expense, or damage due, but not limited, to bodily injury, including death, or property damage sustained by such person, or any violation of law, which arises out of the acts, omissions, use, maintenance, or storage of the Products by Customer or Customer’s officers, agents, employees, invitees, permittees, contractors, or subcontractors at any time after the delivery of the Product to the Customer.
16. GOVERNING LAW
These Terms will be governed by the laws of the State of California, without regard to any conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
17. ARBITRATION
Any dispute between the parties arising out of or in connection with these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, by one arbitrator appointed in accordance with said rules. However, Bellwether may seek injunctive relief in any court with jurisdiction.
18. GENERAL
No waiver of rights under these Terms by either party shall constitute a subsequent waiver of this or any other right under these Terms. Neither these Terms nor any rights hereunder shall be assigned or otherwise transferred by Customer (by operation of law or otherwise) without the prior written consent of Bellwether and any unauthorized transfer or assignment shall be void. If any of the terms and conditions set forth herein is held to be illegal by any court of competent jurisdiction, all remaining terms set forth herein shall remain in full force and effect. These Terms, together with any terms included on Bellwether’s invoice for the Products, constitute the entire agreement regarding the subject matter hereof and supersede all prior or contemporaneous understandings, written or oral. Any terms or conditions contained in any purchase order that are inconsistent with, or additions to, these Terms shall be without legal effect and are hereby expressly rejected, irrespective of whether Bellwether accepts such purchase order. Any changes to these Terms will be in effect as of the “Last Updated” date referenced below. Customer’s continued use of the Products after the Last Updated date will constitute Customer’s acceptance of agreement to the updated Terms.
Last Updated on March 10, 2025
BELLWETHER LIMITED WARRANTY FOR PRODUCTS
Shop Roaster Limited Standard Warranty
Bellwether warrants that during the Warranty Period the hardware in the Bellwether Shop Roaster (the “Hardware”) will be free from defects in design, material and workmanship (the “Limited Warranty”). This Limited Warranty shall expire on the earlier of (x) twelve (12) months from the date of purchase of the Products or (y) 5,000 roast cycles (the “Warranty Period”). During the Warranty Period, Bellwether will pay for all parts, labor, and standard shipping of parts for issues deemed by Bellwether to be due to a defect in design, material, or workmanship. Warranty coverage does not include the software, online platform, consumables or parts that are subject to normal wear and tear, as determined by Bellwether, or shipping of these consumables and parts. These consumables and parts include, but are not limited to, filters, pre-filters, chaff can gaskets, buckets, hoppers, and bean probes. Warranty coverage does not include labor, parts, or shipping of parts associated with Preventative Maintenance, as outlined in the Product Documentation. This Limited Warranty will not apply if the Hardware (a) is not used in accordance with the Product Documentation; (b) has been repaired or altered by anyone other than Bellwether or an Authorized Service Provider; or (c) has been subject to abuse, misuse, negligence, improper maintenance, or accident. In all cases, Bellwether has the sole responsibility and discretion for determining the cause and nature of any Hardware defect, and its determination shall be final. The exclusive remedy for any breach of the foregoing Limited Warranty shall be, at Bellwether’s sole option, the repair of the Hardware (using its commercially reasonable efforts to do so promptly), the replacement of the Hardware with hardware of the same type, or (again at Bellwether’s sole option) the refund of all or part of the purchase price for such Hardware. Bellwether reserves the right to require an upgrade of software at any time. Bellwether reserves the right to require an upgrade of any selected electronic components (computers, printed circuit boards, cabling, displays) at Customer’s cost after five years from the purchase date. Bellwether reserves the right to stop supporting any software or electronic hardware at this time. No agent, representative or employee of Bellwether or any other third party has any authority to make any representations or warranties other than those set forth in this Section. THE FOREGOING WARRANTY IS PROVIDED TO THE ORIGINAL CUSTOMER ONLY.
Shop Roaster Extended Limited Hot Path Warranty
Hot Path components comprise the core of the roaster thermal management system through which the heating air used to roast the coffee beans travels a closed loop circuit. Subject to the exclusions and limitations described in the Limited Warranty, the Extended Limited Hot Path Warranty covers the repair or replacement necessary to correct defects in the materials or workmanship of the Hot Path parts listed herein: Drum, Drum Door, Bypass, Bearing Hub and Agitator, Separator, Transition Duct, Heater, Scrubber Duct, Catalyst, Blower Housing, and Blower Impeller that occur under normal use, for a period of 5 years or 25,000 roasts cycles, whichever comes first.
Continuous Roasting System Limited Standard Warranty
Bellwether warrants exclusively to the Customer that the Continuous Roasting System Equipment (the “Equipment”) is free from defects in design, material and workmanship. This warranty shall expire twelve (12) months from the date of purchase of the Equipment (the “System Warranty Period”). During the System Warranty Period, Bellwether will pay for all parts, labor, and standard shipping of parts for issues deemed by Bellwether to be due to a defect in design, material, or workmanship. This warranty will not apply if the Equipment (a) is not used in accordance with the Documentation; (b) has been repaired or altered by anyone other than Bellwether or an Authorized Service Provider; or (c) has been subject to abuse, misuse, negligence, improper maintenance, or accident. In all cases, Bellwether shall have sole responsibility and discretion for determining the cause and nature of any Equipment defect, and Bellwether’s determination shall be final. The exclusive remedy for any breach of the foregoing warranty shall be, at Bellwether’s sole option, the repair of the Equipment (using its commercially reasonable efforts to do so promptly), the replacement of the Equipment with Equipment of the same type, or (again at Bellwether’s sole option) the refund of all or part of the purchase price for such Equipment. No agent, representative or employee of Bellwether has any authority to make any representations or warranties other than those set forth in this Section. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE EXPRESS WARRANTIES IN THIS SECTION ARE MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. BELLWETHER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
Last Updated on March 10, 2025