Welcome to BrattDecor.com, your online store location. We have prepared the information below to ensure that your experience on our Web site is one you’ll want to repeat again and again. Bratt Decor provides this Site as a service to its online customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Bratt Decor may revise this agreement at any time, at its sole discretion, by posting an amended Agreement on the Site. Any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the Last Updated information that appears at the top of this Agreement. Should you have any questions concerning any of our policies, please contact us via e-mail at firstname.lastname@example.org.
Our Guarantee: Complete satisfaction is our guarantee. Bratt Decor guarantees all merchandise against manufacturer defect, as described by Bratt Decor, for a period of one year from sale date. Sale date is defined as the date it leaves our warehouse. If, for any reason, a selection doesn’t meet your expectations, we stand ready to assist you in a refund or exchange. Eligible products may be returned for a refund or exchange within 30 days of delivery, and are subject to actual shipping costs and a small restocking fee. For more information, see “How to Return When Dissatisfied” and “Refunds” sections.
Order Cancellation: After an order is placed, a request may be made to cancel orders that have not yet shipped, however, due to the fact we use a 3rd party fulfillment center, and we have little control once an order is released for shipping, cancellation is not guaranteed. It is agreed that you will still be responsible for all shipping/return/restocking fees, even if the item ships after your cancellation request has been received. Only if your order is successfully cancelled prior to shipping, will you receive a full refund. It is further agreed that, refusing packages at the time of delivery, or while in transit, will be handled under the rules on “how to return when dissatisfied”. You will be responsible for all shipping fees, re-routing fees, re-delivery fees and restocking fees etc.
Price Matching: Bratt Decor will not match pricing found on other websites. Bratt Decor will match sale pricing on BrattDecor.com that goes into effect within 14 days of your item’s actual ship date, and will only be in the form of a "store credit" that can be applied to a future purchase on BrattDecor.com. Store credits must be used within 365 days of the original charge.
Gift Cards: Gift cards contain values which may only be used to purchase merchandise on www.brattdecor.com. Cards cannot be used to purchase other gift cards. Card will not be replaced if lost, destroyed, or stolen and expires 5 years from original purchase date. Card cannot be redeemed for cash. Card is not a credit/debit card and has no implied warranties. Bratt Decor is not responsible for any unauthorized use. Purchase of the Bratt Decor gift card constitutes acceptance of the gift card terms and conditions.
Custom Orders: Custom orders begin production immediately upon order and are built to your specifications. Custom orders cannot be cancelled, changed, returned or refunded at any time. Payment in full is required when the order is placed and is non-refundable.
Payment Information: Payment in full is due at the time the order is placed, regardless of lead times. Bratt Decor does not store any credit card information.
Lead Times: Bratt Decor strives constantly to maintain reasonable lead times. We produce our items overseas, and production times vary throughout the year. When you place your order, you will be given an estimated ship date. This lead-time is not guaranteed. However, we strive to inform you should ship dates vary more than 2 weeks. It is agreed that Bratt Decor cannot be held financially responsible for changes in lead times.
Pre-Ordering: Bratt Decor produces in small batches. Once "out of stock" items goes into production, you will have the option to “pre-order” the product, ensuring your place in line. “Out of stock” items that do not display the “Pre-Order” option are not in production. Pre Orders must be paid in full at the time of ordering.
Shipping: Most Bratt Decor items are shipped via FedEx Ground. The delivery company will take your furniture to the first dry area (i.e. the front door, back door, or garage). Customers living in apartments or condos agree to receive their furniture into the lobby of their building. Most cribs are shipped in 2 separate cartons. These cartons may be separated during delivery, and may be delivered on different days.
Smaller items may be shipped via US Mail, with or without tracking numbers.
At the time of ordering, you are given the option to select either "signature required" or "no signature required".
Signature Required: Selecting this service provides the most security as the shipping company may not simply leave the package on your porch. The delivery person must obtain a signature from someone inside the home. If for any reason the buyer is not able to have someone available to sign for the package, and the product is returned, and/or re-delivered, Buyer agrees to be responsible for the resulting additional charges. Bratt Decor's only responsibility is to include and pay for "signature required" service when contracting the delivery company, and does not guarantee they will perform the service. Should the delivery company deliver the items without obtaining a signature from someone at the home, Buyer agrees that Bratt Decor is not obligated to refund for "services not performed". Buyer understands and agrees that the value of "signature required" service is in the ability to make a claim should damage or theft/non-delivery arise based on this service not being performed, and not in the act of inspecting prior to signing, or in the act of signing itself.
No Signature Required: By selecting this service, you give permission for the shipping company to leave the package without obtaining a signature. Buyer agrees to accept the “delivery status” as displayed on Shipper's website as factual, and hold Bratt Decor harmless against any and all claims of non-delivery/mis-placed/weather related damage/stolen merchandise.
* Please note, delivery times and dates are set by these outside delivery companies, not Bratt Decor, and are subject to change by the third party shipping companies. It is agreed that Bratt Decor cannot be held responsible for changes or cancellations in delivery dates once the freight has been released from our warehouse.
Delivery Information/Receiving Freight: Check that all pieces listed on the shipping confirmation are present at the time of delivery. Open and inspect all cartons/content immediately upon receipt. You have up to 7 days to report shortages or shipping damage.
Storage and Redelivery Fees: Shipping fees on your order cover standard shipping of your item in one direction. Any additional fees associated with shipping, included but not limited to: re-delivery fees, return shipping due to refusal or no-one available to sign for freight, re-routing fees, accessorial fees, reconsignment fees, inside delivery, storage, additional services, etc., will be your responsibility, and must be paid prior to services being provided, or deducted from any refund due.
Shipping Damage: It is agreed that damage is defined as "damage to the actual product" and that damaged packaging does not constitute damage. Insisting that the item be returned based on the condition of the carton will be handled under the rules on "How To Return When Dissatisfied". It is agreed that the customer will provide photos of all damage (to the product and to the packaging). Bratt Decor will repair or replace only the damaged component, and not the entire product. You have up to 7 days to report shipping damage. This time limit, and photo requirement, is in place so that we can file a claim with the shipping company. Without a speedy claim, we are unable to submit a claim to the shipping company. Claims filed after 7 days of receipt will be denied. In the event of shipping damage, concealed damage (damaged discovered once the box has been opened), visible damage, or missing pieces, please report your claim, via our claim form: www.brattdecor.com/ticket.cfm. We will respond with a written confirmation that your claim has been received and may request more information to better serve you. If you do not receive a written confirmation immediately check you spam folder, and if it is not there, please email us at email@example.com as we may not have received your claim.
Manufacturer Defect: If you have had your Bratt Decor manufactured item (items not manufactured by Bratt Decor are subject to the warrantee of the manufacturing company) for 365 days or less, and you are experiencing a manufacturer defect, you may file a claim. To begin the claims process, fill out the form located on our site: www.brattdecor.com/ticket.cfm . We will respond with an emailed confirmation within 24 hours. If you do not receive an emailed response, check your spam folder. If you still do not receive a response, email us directly at firstname.lastname@example.org. If you feel the defect is a safety risk, it is agreed that you will discontinue use of the item immediately, and until the issue is resolved.
We reserve the right to replace or repair as we see fit. It is agreed that insisting that the item be returned based on a defect, and not allowing Bratt Decor the opportunity to repair or replace the item or component, will be handled under the rules on "How To Return When Dissatisfied". It is agreed that the customer will provide photos of all defects. Bratt Decor will repair or replace only the defective component, and not the entire product.
IT IS AGREED THAT: SMALL NICKS, CHIPS, SCRATCHES, DISTRESSING, INTENTIONAL SAND THROUGHS, AND NON-THREATENING CRACKS ARE ALL PART OF THE VINTAGE LOOK AND ARE NOT CONSIDERED DEFECTS.
Solutions may include: sending a replacement component, sending touch up paint, repairing on site, discounting the piece, and as a last resort, returning the merchandise. Your cooperation in these efforts (in retaining packaging, providing photos, re-packaging and making the merchandise available to repair companies and or freight companies) is required. We will make every attempt to resolve any issues as efficiently as possible.
*In all cases, Bratt Decor will only retrieve or repair at the original point of delivery. Under no circumstances will Bratt Decor be required to repair or replace items outside of the original “ship to” destination.
Returns: Simply log into your account on our site: www.brattdecor.com/login.cfm and initiate a return request from "my orders”. If there is no option to initiate a return, you have exceeded the return window, and your items is not eligible to be returned. Your return request will be processed, and you will receive an email link requiring further action from you, including, but not limited to agreeing to the terms of the return, re-packaging the items in accordance with the "Packaging/Repackaging for Returns" section below, printing the return label, and tendering the item to the shipping company.
Packaging/Repackaging for Returns: You must retain the original packaging until you are completely satisfied with your item. All returned items must be repackaged in the manner in which you received it, in its original packaging. If the original packaging is not available, it is your responsibility to procure new packaging. Bratt Decor will not provide replacement packaging. Items must be packaged in an expert fashion to reduce risk of shipping damage. Failure to re-package in an expert fashion, and shipping damage occurs, you may forfeit your right to a refund. Bratt’s original packaging is specifically designed to fall below FedEx’s “oversize fees” and often ships items in 2 separate cartons to avoid these additional fees. If original packaging is not used, and the packaging you provide results in higher shipping fees based on the dimensions, it is agreed that these higher fees will be deducted from your refund.
How To Return When Dissatisfied:
If you wish to return your item, you have up to 30 days from date of receipt to return most items. The specific “return window” is displayed on every product under the “details” tab. For a full list of returnable items, please see "What Item Can Be Returned" below. It is agreed that for returns and exchanges, the customer will pay all shipping costs to and from your residence as well as 10% of the un-discounted product price as a restocking fee for items over $299 and/or 20% of the un-discounted product price as a restocking fee for items under $300. Items that received “Free Shipping”, regardless of value, will be charged a restocking fee of 20% of the un-discounted product price, as well as the return shipping costs. This restocking fee is assessed on each item separately, and not on the combined total of the items being returned, and is based on the un-discounted value of each item. On orders where "Free Shipping" was applied based on a minimum value of the entire order, if any item/s are returned, it is agreed that the original order will be re-evaluated based on the new total value of the order, and original shipping charges will be re-applied, and deducted from the refund of the returned item/s. Original shipping charges are not refundable.
Unauthorized Returns: Bratt Decor will not accept any returns that are not approved through our return interface. Sending back items without authorization will nullify all claims, and forfeit all refunds. Items will be stored for 30 days, allowing you to arrange for retrieval of the item at your sole expense, after that all claims to the product will be automatically forfeited.
What items can be returned:BrattDecor.com can only accept returns of merchandise purchased from our website. We cannot accept returns on monogrammed, personalized, gift cards, special-order items, custom upholstery, any customized item, color samples, hardware packs, touch-up paint, final sale items, floor models, or as is items.
Gift Registry Returns:You have up to 30 days from the date your product ships from Bratt Decor, to return any item purchased from your Bratt Decor baby registry. All returns must be new, unopened and in original packaging. All Gift registry returns will be handled under that same rules as the “How to return when dissatisfied” section above. Standard return fees apply. Bratt Decor cannot be held responsible for duplicate gift purchases. No cash refund will be given. All refunds will be given in the form of a Bratt Decor store credit to be used exclusively at BrattDecor.com Please note, any item not purchased directly from your registry, will be subjected to our standard return policy.
Refunds: Refunds will be processed within 30 days of order cancellation for unshipped orders. Refunds for returned items will be dispersed within 30 days of our receiving the merchandise, so long as the product is received in good condition as determined by Bratt Decor. Additional shipping and restocking fees may apply.
Refunds processed within 60 days of the original payment transaction will be processed onto the original credit card. Those processed after the initial 60 days will be disbursed via check.
Safety Guarantee: Every Bratt Decor crib meets or exceeds current U.S. safety standards, including ASTM and CPSC. All paints used are non-toxic.
Replacement Hardware: Bratt Decor will make available new hardware packs for sale on our website. These packs will fit only the latest version of the product. It is agreed that Bratt Decor is not obligated to provide access to hardware for older/discontinued items, and all hardware is only available as supplies last.
CUSTOMERS LOCATED BEYOND THE CONTINUOUS 48 STATES: Any US customers located beyond the 48 states, are subject to additional terms and conditions beyond the said stated terms and conditions, for purchasing Bratt Decor’s line of children’s furniture.
• In the event of manufacturer defect, Bratt Decor will replace or repair your items when reported within 7 days of the delivery date. It is the responsibility of the consumer to pay all shipping expenses, including taxes, import duties, etc. associated with the receipt of replacement goods. Replacement pieces may be subject to a lead time depending on availability of the pieces.
• In the event that shipping damage occurs, Bratt Decor, Inc. will be exempt from claim from Buyer. Buyer’s only recourse is to file a claim with the shipping company and new pieces can be purchased at full retail value.
Information Collection and Use: Bratt Decor is committed to ensuring the privacy of its customers. We will not collect, share or sell any information other than as explained in this statement. During registration, users are asked to give their contact information (such as name and email address). We may use this information to contact you regarding your order. A user’s billing and shipping information is not requested during registration. Users may update their billing information through their account profile and billing information will automatically be saved to the profile upon checkout. Shipping information can be entered by registered users using their Address Book (within My Account) or can be saved to their address book during checkout. Users may update their contact and other personal information through the My Account feature. Unless you ask us not to do so (by unchecking the designated box during registration, or opting out later as explained below), we may use the information collected to send you, from time to time, additional promotional materials. We also request information on the order form when you are placing an order on our Site. Here we ask for contact information and payment information. The information is used for billing purposes and to fill customers’ orders. If we have trouble processing your order, this contact information is used to get in touch with you. We contract with a company that works on our behalf to analyze certain personal and non-personal information. This service allows us to better provide our product or services to you. The company with which we contract does not have any right to use the information we provide to them beyond what is necessary to assist us. We maintain business partnerships with other persons or companies whom we have deemed to be trustworthy and responsible and whose privacy policies are aligned with ours. In some instances we may share and cross-reference information, including personal information about you and/or your order, that will allow such persons or companies to contact you regarding products and/or services that may be of interest to you.
We do not send our own marketing information to an individual customer who has not explicitly elected to receive marketing contact. We do not share our customer’s elected contact information to third-party marketing partners for third-party direct marketing purposes. Once we have received and processed an unsubscribe/opt-out request from an individual customer all marketing contact from Bratt Decor and all marketing partners will cease. You may submit this type of opt-out request by e-mail to email@example.com with the word “Remove” in the subject line. Please allow up to two weeks for your request to be processed.
Facebook Login: Our Facebook login app collects the following personal data: first name, last name, email and Facebook ID and is used to facilitate one click login for your convenience. If you would like to delete this information, simply log into your Bratt Decor account , and click the "disconnect from Facebook login" button in your account preferences page.
Cookies: A cookie is a piece of data stored on the user’s hard drive containing information about the user. Bratt Decor only uses a cookie to store your email address so that we can auto-detect a returning user to the Site. Cookies are not used to let users auto-login. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our Site, the user would not have to log in with a password more than once, thereby saving time while on our Site. If a user rejects the cookie, the only drawback to this is that the user will be limited in certain non-secure areas of our Site. Cookies also enable us to track and target the interests of our users to enhance the experience on our Site. We use IP addresses to track only aggregate information regarding Site traffic. We do not collect any personal information via a user’s IP address.
Security: We guarantee shopping at BrattDecor.com is safe. We employ SSL (Secure Socket Layer) encryption to ensure the security of your information. If, by chance, unauthorized charges are made to your card as a result of shopping with us, you pay nothing.
Address: This Site is expressly owned and operated by Bratt Decor, Inc. The address for BrattDecor.com is PO Box 65179, Baltimore, MD 21209.
Agreement: Our internet pages are merely an invitation for you to make us an offer to buy the items described on these pages. When you submit an order it constitutes an offer for us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation e-mail. These automatic order confirmation e-mails do not constitute our acceptance of the offer, and are subject to correction prior to shipment due to inaccuracies, errors, product discontinuation or unavailability, or any other reason. Additional fees such as drop ship fees, and failure to meet the reorder minimum fees, will be added to your order later, and confirmed to you prior to shipping.
Inaccuracies: We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on BrattDecor.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Please be aware that we present our content ‘as is’ and Bratt Decor makes no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.(In the event a Bratt Decor product is listed at an incorrect price due to photographical error, typographical error or error in pricing information received from our suppliers, Bratt Decor shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Bratt Decor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bratt Decor shall issue a credit to your credit card account in the amount of the incorrect price.
Availability: At BrattDecor.com, we go out of our way to select the kind of distinctive merchandise for which the Bratt Decor name is recognized. Please understand that many of our featured items are selected in limited quantities and, because of their limited availability, their stock will not and cannot be replenished. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on BrattDecor.com is no longer in stock, we make every attempt to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us. NOTE: THIS SITE USES POP-UP WINDOWS TO CONVEY PERTINENT INFORMATION SUCH AS BACKORDERS AND SHIPPING DEADLINES.
Product Information: The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
Colors: We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Bratt Decor cannot guarantee an exact color match from production to production. Slight variations in finishes may occur. Color samples are available for purchase, and it is highly suggest purchasing samples prior to purchasing the product to make sure the color meets your expectations. It is agreed that items returned due to color variation or inconstancy with the website images will be handled under the rules of "how to return when dissatisfied".
Correspondence: Although we will make every effort to respond within one business day to applicable email messages, Bratt Decor is under no obligation to respond to all pieces of correspondence received through this Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding BrattDecor.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company shall become and remain the property of Bratt Decor. Inc. To the extent that ownership of such submissions does not vest with Bratt Decor, you grant Bratt Decor a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sublicense. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission, and you represent and warrant that any use by Bratt Decor of such information or idea will not violate any intellectual property, proprietary, contract or other right of any third party. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
Indemnification: You agree to indemnify, defend, and hold harmless Bratt Decor, its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (1) any violation of these terms and conditions, (2) any allegation that any information or material submitted by you to Bratt Decor violates any intellectual property, proprietary, contract, or other right of any third party, or (3) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
Disclaimer: Given the unpredictability of technology and the online environment, Bratt Decor does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to, and user of, this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our Site. As a visitor to, and a user of, this Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED AS IS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRATT DECOR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability: NEITHER BRATT DECOR NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Exclusive Remedy: THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BRATT DECOR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR ACCESS OF THE THIS WEBSITE SHALL BE $100.
Termination: We reserve the right to immediately terminate this agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Bratt Decor shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Site shall immediately cease.
Notice for California Users: Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Miscellaneous: This Agreement is governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Baltimore, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.