|TERMS AND CONDITIONS OF EQUIPMENT PURCHASES||TERMS AND CONDITIONS OF UNIVERSAL SEAMING ADHESIVE PURCHASE|
The Seller is Ryback and Ryback Incorporated. (R&R)
Shipping & Delivery
All Product shipments will be made FOB origin. The Buyer will be responsible for all costs related to shipment and delivery. The Seller shall not be liable for delay or default shipment or delivery due to labor disputes, transportation shortage, acts of government authorities or other causes beyond the control of Seller. Seller will ship products using our carrier of choice in accordance with R&R Inc’s shipping policies at the time of shipment. If the Buyer requests shipment using a specific carrier and supplies an account number the Seller will ship via that carrier. The carrier account number must be supplied before shipment date.
The parties agree that Buyer’s sole and exclusive remedy against the Seller shall be for the correction of the defects as defined in the Limited Warranty clause. Buyer expressly agrees that no other remedy shall be available and that the Seller shall not be liable for delays, deprivation of use, or any other damage, direct, indirect, incidental or consequential, which may result to the Buyer because the equipment does not operate to Buyer’s satisfaction.
Permits and Fees
Buyer assumes responsibility for providing any required permits or fees and for operational compliance with local, state, and federal laws and regulations.
Buyer assumes responsibility for unloading of all machinery, materials, etc. shipped to the job site by commercial carrier. In addition, the installation of the equipment is the Buyer’s responsibility unless otherwise clearly stated in the quotation.
Risk of Loss
Risk of loss shall pass to the Buyer as soon as the equipment is placed in Seller’s storage facilities. The Buyer shall pay all costs of insure from the time that risk of loss passes to the Buyer. Seller shall cooperate fully with the Buyer with respect to the Buyer obtaining insurance protection for the equipment.
Privacy & Security
Returns & Replacements
All equipment returns must be made 30 days from delivery.
The terms and conditions of the online sale constitute the final, complete, and entire agreement between Seller and Buyer and supersede all prior written or oral representations or agreement. Any offer by Seller to sell or any acceptance by Seller of Buyer’s purchase order or other from is expressly conditioned on Buyer’s acceptance of these terms and conditions. If Buyer’s terms and conditions differ in any way from these terms and conditions, this statement will be effective as notice of objection and rejection thereof. No modification or waiver of any of these terms or conditions, in whole or in part, will be binding except in writing signed by Seller.
The online purchase is a contract that is binding upon the Buyer and Seller and cannot be cancelled after product is completed and ready for shipment. The contract cannot be cancelled or modified after the product is in process but not yet ready for shipment except on terms to be agreed upon which shall include protection of the Seller against any loss. The Seller may, at its option, cancel the contract if Buyer shall fail to make payment in accordance with the terms and provisions of this contract or any similar contract with the Seller, and the Buyer hereby waives any cause of action and the right to any offset or counterclaim against Seller by reason of such cancellation.
Payment, Pricing & Promotions
Payment is due at the time of order or before any product(s) ship. Ryback and Ryback Inc has no terms for equipment orders and does not accept any customer predesignated terms. All prices are subject to change without notice and will be established at time of order by R&R Inc. For Special Delivery Terms, the deposit must be received within one week of signed proposal otherwise we cannot guarantee delivery.
Taxes, Fees and Duties
Prices quoted herein are net as quoted and do not include sales, use, excise, or similar taxes or custom duties unless such are noted in the proposal. All such taxes or duties applicable to the sale, transport, or use of equipment noted herein shall be paid by Purchase or reimbursed to Seller if prepaid.
|This Purchase Agreement (the “Agreement”) is made by and between you (“Buyer”) and Ryback and Ryback Consulting, Inc., a North Carolina business corporation (“Seller”) effective as of the day and time you submit your electronic assent to these terms.
PURCHASE AND PAYMENT. You agree to purchase the products indicated on your Online Purchase (the “Products”) in accordance with the price and payment terms indicated on such Order. All prices quoted are exclusive of applicable federal, state and local sales and similar taxes, and exclusive of shipping, export, import, VAT and similar charges. Payment in full is due at the time of sale. If at any time Buyer fails to make payments when due, Seller may (a) alter terms of payment by requiring full or partial payment in advance; (b) suspend credit and/or delay shipment; (c) suspend and/or delay acceptance of the Order/s and/or (d) pursue any remedies available at law or under this Agreement. Buyer may not resell or distribute the Products at any time. International purchases made through a freight forwarder will require the final destination company information to ensure no reselling or redistribution.
DELIVERY, TITLE, RISK OF LOSS. Prices quoted are FCA (manufacturer’s premises, Incoterms 2010), meaning that risk of loss and title to the Products pass to Buyer when delivered to carrier at manufacturer’s premises, and the cost of freight and insurance will be added to the invoice issued to Buyer for the Products- except that domestic shipping within the United States shall be free of charge for purchases exceeding one thousand one hundred dollars ($1,100.00). All international freight shipments outside the United States must be through a broker located in the United States; Buyer assumes all burden and costs of export/import compliance. Seller will convey good title to the Products to Buyer, free and clear of all liens and other security interests. Product shortages or Products damaged in transit must be either (a) reported immediately to the carrier and noted on the bill of lading; or (b) reported to Seller within three (3) business days after receipt.
LIMITED WARRANTY; LIMITATION OF LIABILITY. Seller warrants to Buyer that the Products will conform to its published specifications and will be free from defects in manufacturing on unopened containers for a period of six (6) months after the shipping date. If any defect is discovered and confirmed by Seller, then Seller’s and manufacturer’s sole duty will be to either replace such Product at no additional charge or refund any payments made by Buyer for such defective Products. SUCH REFUND OR REPLACEMENT OF NON-CONFORMING PRODUCTS IS CUSTOMER’S SOLE REMEDY FOR NON-CONFORMITIES OR DEFECTS IN PRODUCTS AND ANY BREACH OF WARRANTY FOR THE PRODUCT. THIS SECTION IS A COMPLETE STATEMENT OF BUYER’S WARRANTIES REGARDING THE PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF THIS LIMITATION OF REMEDIES IS HELD BY ANY COURT TO BE VOID OR UNENFORCEABLE, SELLER’S LIABILITY TO BUYER IS LIMITED TO THE PURCHASE PRICT OF THE PRODUCTS GIVING RISE TO THE CLAIM. In no event will Seller or the Products manufacturer be liable for punitive, incidental, indirect, consequential or special damages, even if such damages result from Product defects, negligence or other fault.
Buyer acknowledges that, notwithstanding Seller’s labeling or marketing of the Products, Seller is not the manufacturer of the Products. Pursuant to Section 99B-2 of the North Carolina General Statutes, Buyer acknowledges that either (a) Seller acquired the Products in a sealed container; or (b) under circumstances where Seller was given no reasonable opportunity to inspect the product in a manner that would have revealed any potential defect in the exercise of reasonable care.
MISCELLANEOUS. No waiver by either part of any breach of this Agreement shall be construed as a waiver of any subsequent breach, whether of the same or of any other term of this Agreement. The rights and remedies set forth in this Agreement for Buyer (Return and Refund) shall be exclusive of all other remedies. No modification or proposed modification of this Agreement or relevant Purchase Order(s) shall be effective unless in a writing signed by both parties. This Agreement shall be governed by the laws of the State of North Carolina, USA, without regard to any choice/conflicts of laws principals which would give effect to the laws of any other jurisdiction. Buyer submits to personal jurisdiction for any action arising out of or in connection with this Agreement or the Products and agrees that any action brought in connection herewith shall be brought in the state or federal courts located in Mecklenburg County, North Carolina. Neither party shall be liable for delay or failure in the performance of the obligations contained in this Agreement arising solely from any extraordinary causes beyond the control of the party concerned. This Agreement and all valid Purchase Orders constitutes the entire Agreement between the parties with respect to the subject matter hereto, superseding all prior oral and written understandings. All persons submitting asset to these terms, if on behalf of an entity, are duly authorized to submit such assent. Nothing herein shall create an employment or agency relationship between Buyer and Seller.
Orders can be view on the Orders and Returns page.
Updating Account Information
Account information can be viewed or updated on the Accounts page.
R&R Inc. Equipment Warranty
What is covered:
Defects in materials and/or workmanship.
Length of Warranty Coverage:
The warranty coverage for equipment is 60 days date of purchase. Any equipment not purchased through Ryback and Ryback Inc. or from an authorized distributor is not covered.
How to get service:
Please contact Molly Ryback at Ryback and Ryback Inc. via email: molly(Replace this parenthesis with the @ sign)rybackandryback.com or via phone at (704) 774-3274 ex.1 where we will troubleshoot the issue and provide instructions on how to get a replacement if necessary.
What we will do:
Provide you, at the discretion of R&R, with either replacement parts for your existing equipment or a new equipment.
The exchange is under warranty for the remainder of the original products’ warranty period or 60 days, whichever is longer. The replacement will be shipped to you via ground shipment. Any rush shipments will be freight prepaid.
What your warranty does not cover:
Damage from misuse or neglect. Damage caused by use outside of Ryback and Ryback Inc. equipment instructions.
Limitations of Warranty:
THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANT-ABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. RYBACK AND RYBACK INCORPORATED SHALL NOT BE LIABLE FOR LOSS OF PROFIT OR OTHER ECONOMIC LOSS, OR FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES.