| A. |
Terms
of payment for goods are net 30 days. Terms of payment for tooling
are 50% payable upon receipt of order and 50% payable upon sample
delivery. |
| B. |
Terms of payment
are effective from actual date of invoice. |
| C. |
Quotations are for
information purposes only. All orders are subject to acceptance
at our corporate office and until accepted are not binding upon
RubberMill, Inc. |
| D. |
Each shipment in
partial fulfillment of an order shall be deemed a separate and
independent contract. If the buyer fails to fulfill the terms
of payment of any invoice, or if the financial responsibility
of the buyer shall become impaired or unsatisfactory to RubberMill,
Inc., RubberMill, Inc. reserves the right to change terms of
payment and/or defer or discontinue further shipments, without
prejudice to any other lawful remedy, until past due payments
are made and satisfactory assurances of buyer's credit standing
are received. |
| E. |
No order in process
of production is subject to cancellation, deferment, or change
in specification without agreement by RubberMill, Inc. Normally,
cancellation charges shall include cost of all labor and material
ordered or in process for the order in question. |
| F. |
Any blanket orders
accepted will be with the following conditions. The entire quantity
must be released within one year from the date of the order.
If the entire quantity has not been released within one year,
RubberMill, Inc. has the right to ship and invoice all parts,
not to exceed the balance (+/-10%) remaining on the blanket
order. These invoices will be payable net 30 days from date
of invoice. |
| G. |
Custom manufactured
items will be supplied only on the condition that the purchaser
accept overruns and underruns not exceeding 10% of the quantity
ordered, to be paid or allowed pro rata, unless otherwise specifically
arranged and agreed to by both buyer and RubberMill, Inc. |
| H. |
Items covered by
quotations are warranted to be free from defects in material
or workmanship. RubberMill, Inc. makes no other warranty, express
or implied. RubberMill, Inc.'s liability hereunder is limited
to the purchase price of an item proven defective or, at our
option, to the replacement of such items upon their return to
RubberMill, Inc., making due allowance for the service rendered.
Any claim for defective workmanship or material must be made
by the purchaser within 60 days after receipt of material, otherwise,
it will be conclusively waived. RubberMill, Inc. will not accept
retrun of goods except upon written authorization from RubberMill,
Inc. |
| I. |
Shipment is made
F.O.B. RubberMill, Inc.'s plant or warehouse, freight collect
unless otherwise specified. Prices include domestic bulk packing,
additional charge will be made for export packing or special
packing done at buyer's request. |
| J. |
Title to goods and
risk of loss passes to the consignee upon delivery to the carrier. |
| K. |
Estimates as to
time of delivery are based on conditions prevailing at the date
of quotation, delivery estimates are subject to review based
on conditions at the date of order. |
| L. |
Delays in filling
of orders or delivery of material occasioned by strikes, fires,
accidents or other causes beyond RubberMill, Inc.'s control,
including governmental action, shall not result in RubberMill,
Inc.'s liability to the buyer or to any other party. |
| M. |
Any sales, use,
or excise taxes levied by any governmental authority on or applicable
to the material shall be added to the invoiced price of the
material sold. |
| N. |
Where items are
made to buyer's specifications, the buyer guarantees that no
valid patent has been or will be infringed by the manufacture,
sale or use of the items covered by quotations, and the buyer
agrees to defend, at its own expense, every suit brought for
any infringement of any patents by reason of the sale or use
of any of the items covered by quotations and idemnify RubberMill,
Inc. against any and all cost, expenses or damages incurred
by reason of any suits or claims for such infringement. |
| O. |
The items covered
by quotations shall not be subject to any speciifications, express
or implied, except as specifically outlined in quotations. |
| P. |
Customer will examine
and test each shipment promptly on arrival and before any part
of the goods has been changed from its original condition, and
waive all claims for any cause after any part of the goods has
been treated, processed or changed in any manner. Customer will
assume sole responsibility for determining whether the goods
are suitable for your intended use (whether or not such use
is known to RubberMill, Inc.). Customer will waive all claims
in which RubberMill, Inc. is not notified in writing within
60 days after arrival of goods at destination except claims
for breach of the Fair Labor Standards Act Warranty. |
| Q. |
Any order for items
covered by quotations expressly incorporates all terms and conditions
of quotations into such order. Any variance between the terms
and conditions is herein stated and the terms and conditions
of any order or contract submitted by the buyer shall be deemed
to have been waived in favor of RubberMill, Inc.'s terms and
conditions by the buyer upon failure to object in writing within
10 days after receipt of acknowledgement. |
| R. |
Prices quoted are
for acceptance within 30 days unless otherwise agreed. |
| S. |
Stenographic and
clerical errors are subject to correction. |
