TERMS OF PAYMENT: 1% 10 net 30- All accounts are due and payable in full 30days from shipment date on the invoice, unless otherwise stated. All orders are subject to approval of Seller's credit department and Seller may require full or partial payment in advance.
TAXES: In addition to any price specified herein, buyer shall pay the gross amount of any present of future sales, use, excise, value-added, or other similar tax applicable to the price, sale or delivery of any product or services furnished hereunder or to their use by buyer, or buyer shall furnish seller with a tax exemption certificate acceptable to the taxing authorities
SHIPPING: Except as otherwise specified in this document, title will pass and delivery will be F.O.B. point of shipment. Seller will not be responsible for any loss, delay or breakage after receipt of an executed bill of lading or other shipping documents from the transportation carrier indicating the goods have been shipped in good order. Risk of loss or damage will also pass to Buyer upon shipment. Buyer shall make claims directly to carrier. In absence of written directions from the Buyer, goods will be shipped by the method and via carrier chosen by the Seller.
DELIVERY: RG Industries, LLC shall not be liable for failure to deliver or for delay in delivery or performance due to fire, labor troubles, accidents, acts of civil or military authorities, or from any other cause beyond Seller's control. All factory shipping dates given in advance of actual shipment are estimates by the manufacturer and shall not be deemed to represent fixed or guaranteed shipping dates.
New: Factory new in box. The Seller guarantees that the product has never been in service and is subject to manufacturer's warranty.
New Surplus: means Unused. The Seller guarantees that the product has never been in service. Such guarantee will extend for a period of one year from the shipment date. Seller guarantees that the apparatus will operate satisfactorily, with competent supervision under normal load, usage, and conditions.
RECONDITIONED: The Seller guarantees that the apparatus, whether unused surplus, or used will operate satisfactorily as described above. Reconditioned may include the following: a visual inspection of the product is made first, followed by both mechanical and electrical tests to determine the extent of work required to recondition the product. The scope of reconditioning will vary by product line. The basic definition of the term "recondition" will include the inspection of all electrical and mechanical parts. Contact points will be cleaned and checked for sufficient insulation. Steel parts will be disassembled and painted or re-plated when necessary, which may also include changing any markings on the breaker to indicate a different amperage, interrupting rating, or other value than originally marked, and adjusting the calibration of the circuit breaker. Mechanical parts will be inspected and lubricated for proper function. Any defective part or component will be replaced, or reconditioned in and of its self. After the product has been reconditioned and re-assembled, it will be completely checked for proper mechanical function, and electrically tested per RG Industries, LLC quality assurance standards and procedures.
AS IS: The goods purchased by the Buyer have been purchased "as is" and "with all faults." The Buyer acknowledges that no warranties or merchantability or fitness for any particular purpose care to be implied in this transaction.
WARRANTY: RG Industries, LLC warrants to the purchaser that products and any service hereunder will be free from defects in material and workmanship and will be of the quality and kind specified in RG Industries, LLC quotation. The foregoing shall apply only to failures to meet said warranty, which appear within one (1) year from the date of shipment.
Should any products fail within one (1) year from shipment date, warranty and remedies are conditioned on prompt notification and substantiation that the equipment has been installed, operated, and maintained in accordance with standard industry practice RG Industries, LLC will correct such non conformities by repairing any defective product or products.
Should a failure, which cannot be corrected by RG Industries, LLC reasonable efforts occur, the parties will either negotiate an equitable adjustment in price, or a credit will be issued. Any test must be agreed upon mutually and RG Industries, LLC must be notified of, and may be represented at all tests that may be made. RG Industries, LLC liability exceed the price of the equipment or service on which liability is based.
Excluded under this warranty are all new units that are manufactured by others and all units rebuilt by others in which case their warranty shall apply.
RETURNS: Credit for returned goods will be allowed only to the extent agreed in writing by an authorized representative of RG Industries, LLC. There will be a twenty percent (20%) restocking charge applied to all returns plus all freight charges.
All returns require a Return Material Authorization (R.M.A.) which must be requested within sixty (60) days of the shipment date and included with return. If goods are not received back within fifteen (15) days from the date on the R.M.A., it will become void. After sixty (60) days, no credit will be issued.
CANCELLATIONS: Buyer may terminate orders only upon written notice prior to shipment and upon payment of reasonable and proper termination charges.
GOVERNMENT CONTRACTS: Seller is not bound to honor quotations for equipment purchased by or for governments of any kind unless Seller has been advised in writing at time of quotation that it is a government job.
MECHANICS LIEN LAW: Under the mechanics lien law (California code of civil procedures, section 1181 ET SEQ.) Any Contractor, Sub-contractor, Laborer, Supplier, or other person who helps to improve your property, but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, a court officer could sell your property and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full. If the sub-contractor, laborer, or supplier remains unpaid, a charge of 1% per month (an annual rate of 18%) will be made on past due accounts.
EXPENSES: Buyer shall pay all of Sellers expense, including reasonable attorney fees, incurred by Seller in connection with any breach by the buyer of the terms of this agreement whether or not a lawsuit is filed.