| 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 approval. |
| 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
except 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 60 days unless otherwise agreed. |
| S. |
Stenographic
and clerical errors are subject to correction. |
