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Upon Rasco Industries, Inc’s (the “Seller”) acceptance of the Buyer’s order, the terms and conditions set forth herein and, in the Warranty, shall constitute the entire agreement between the Buyer and the Seller, and no verbal statement, correspondence, or other terms shall modify or affect the terms hereof. No change in these Terms and Conditions will be valid unless in writing approved by the Seller. These Terms and Conditions govern and control any transaction between the Seller and they Buyer notwithstanding the Seller’s use of Buyer’s purchase order number as an accommodation to the Buyer. No waiver by the Seller of a breach of any provision hereof shall constitute a waiver of any other breach of such provision or any other provision.
Seller cannot accept changes or give approvals verbally. No change in that order will be valid unless submitted by Buyer in writing and approved by Seller in writing. If any such change causes an increase in the cost of performing the order or in the time required by its performance, an equitable adjustment will be made and the order modified in writing accordingly. An acknowledgement of said change of order will be sent to Buyer in writing to clarify said changes and the increase in cost.
Shipping dates are approximate and are dependent upon the prompt receipt by the Seller of all data such as completed survey forms and any additional instructions required for the manufacture, assembly and processing of such goods. Any nonpayment or late payments on previous orders from Buyer may impede the progress of the current order until the account is satisfied. If the Buyer changes the order or delays the furnishings of any such items required for manufacture, the dates of shipment shall by automatically extended to compensate for such delay. Unless otherwise specified by the Buyer, the Seller will select the most economical method and route of shipment. Transit insurance is the responsibility of the Buyer. In the event that the Buyer is unable or unwilling to take delivery of all or any part of the goods, the Seller shall place them into storage with all costs, including storage, insurance, and transportation at the Buyer’s expense. Further, the date of completion of the goods by the Seller shall be regarded as the date of shipment and payments shall be due on the terms specified in the applicable invoice related to that order.
Unless otherwise agreed, the risk of loss to the goods shall rest with the Buyer upon delivery to the carrier at the Seller’s manufacturing facility, including risk associated with any goods subsequently returned to the Seller.
Title in the goods shall not pass to the Buyer until the Seller has been paid in full for the goods.
Duties, taxes, fees, levies and other compulsory payments applicable to the sale of goods any time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by Buyer, unless otherwise expressly stipulated in writing.
The acceptance of shipment by a common carrier shall constitute proper delivery. Risk associated with the goods shall pass to Buyer on delivery or with the passing of title in the goods, whichever occurs first; provided however, that where delivery is delayed due to circumstances caused by or within the responsibility of the Buyer, risk of loss shall pass to Buyer upon Seller’s notification that goods are ready for dispatch. Unless otherwise specified in writing in the Purchase Order or Contract, all changes, expenses or taxes associated with the delivery of the goods shall be paid by the Buyer.
In no case are goods to be returned without first obtaining the Seller’s prior written permission. Goods built to order are not subject to return for credit under any circumstances. If Seller authorizes the return of standard goods, a minimum 15% restocking fee will be charged. Any such authorized return of standard goods must be securely packed by the Buyer in order to reach the Seller without damage. All freight charges on authorized returns are to be paid for by the Buyer.
All orders are accepted with the understanding that they are subject to Seller’s current manufacturing schedules. The Seller shall not be liable for delays due to circumstances or acts beyond its control including, without limiting the generality of the foregoing, accident, strike, or other labor trouble or disputes, flood, fire, war, or Act of God, civil commotions, lack of or inability to obtain labor materials, delays in transportation, or because of compliance with any law or other governmental action, requirements, regulations or restrictions.
An order once placed with and accepted by the Seller can be cancelled only with the Seller’s consent, in writing, and upon terms that will indemnify the Seller against loss. If Buyer’s custom product has already been put into productions depending on the amount of work already completed and such supplies purchased for said cancelled order, a cancellation fee/restocking minimum fee of 15% will be charged.
All prices quoted or acknowledged are f.o.b. Mound, MN and do not include freight charges. Terms are not standard net 30 with a 2% discount if payment is made within 10 days by check or cash. No discount is given on credit card payments. No discount is given on freight, taxes or any additional charges that are not the product itself. The freight estimate only is given, as a courtesy, to you the Buyer. Prices do not include any present or future sales, use, excise or other taxes imposed upon the sale or any transportation or insurance charges. All such taxes are the responsibility of the Buyer and any tax or taxes will be added to the invoice as a separate charge to be paid by the Buyer. Buyer shall pay all invoices within thirty (30) days of receipt of an invoice. Should the Buyer’s financial responsibility become unsatisfactory to the Seller, cash payment or security satisfactory to the Seller may be required by the Seller for future deliveries and for the goods theretofore delivered. In the event the Buyer does not pay for any shipment when the same becomes due, then the past due amounts are subject to service charges of 1.5 percent per month or the maximum permitted by law, whichever is lower, and the Seller may at any time thereafter suspend shipments, demand cash payments in advance, or terminate any contact in total, and the Buyer shall be liable for all costs incurred by the Seller including, but not limited to, attorney fees and collection agency fees. Any past due account may be turned over for collection in which case the Buyer shall be responsible for all costs of collection and reasonable attorney’s fees.
ALL DISPUTES AS TO THE AMOUNT(S) INVOICED HEREUNDER SHALL BE MADE, IN WRITING TO THE FOLLOWING ADDRESS: RASCO INDUSTRIES, INC. ATTENTION: CREDIT CARD MANAGER 5310 SHORELINE DRIVE MOUND, MN. 55634 AND/OR EMAIL DISPUTE TO ATTEMTION: CREDIT CARD MANAGER AT EMAIL ADDRESS: INFO@BUGBLOCKER.COM PAYMENTS WHICH ARE INTENDED BY THE BUYER TO REPRESENT “PAYMENT IN FULL” FOR THE GOODS SOLD, AND WHICH ARE LESS THAN THE AMOUNT SHOWN ON THE INVOICE AS BEING DUE, SHALL BE SENT TO THE ABOVE ADDRESS. BUYER SHALL PAY TO SELLER, AT SELLER’S BILLING ADDRESS, ALL AMOUNTS THAT IT DOES NOT DISPUTE, AND NOTHING HEREIN SHALL BE CONSTRUED TO RELIEVE BUYER FROM PAYING TO SELLER ANY SUCH AMOUNTS WHICH IT DOES NOT DISPUTE. THE ACCEPTANCE OF SAID PAYMENT WILL NOT ACT AS A DISCHARGE OF THE REMAINING DISPUTED BALANCE.
These Terms and Conditions govern any Quotation, Acknowledgement, Invoice and any agreement, order or sale that may result therefrom and any contract is expressly limited to and made conditional upon these Terms and Conditions becoming part of the purchase order between the Buyer and the Seller. Any of the Buyer’s terms in addition to or different from those contained herein, whether contained in a Request for Quotation, Purchase Order, or other document, and hereby objected to and shall be of no effect, any Quotation offered or submitted by the Seller is not a firm offer and may be changed or revoked at any time. Acceptance of any offer made by the Seller is expressly limited to the exact terms contained in the offer and any attempt to alter or omit any such terms shall be ineffective.
All goods sold by Seller are to be inspected upon receipt and should any of such goods or services fail to meet the written specifications accepted by Seller, Buyer shall notify Seller, stating full particulars in support of its claim. Seller will, at Seller’s option, either repair or replace nonconforming goods or refund the purchase price of such goods. Buyer is not to make any field modifications or changes to said goods without informing Seller and receiving writing permission from Seller to do so. No labor costs will be paid to repair or replace any such goods without the explicit written approval from Seller. Any instance of a sold goods nonconformity repair or replacement will take place on a case by case basis. In all instances the written approval from Seller must be obtained. No returns will be accepted by Seller if written approval has not been given.
Claims for defective goods, shortages, or failures in shipment or delivery, or any other cause shall be deemed waived and released by the Buyer unless made in writing within thirty (30) days after arrival of goods. The Seller warrants that: (a) the goods to be supplied will conform to the description in the Seller’s quotation: and (b) the Seller will convey good title to the goods few form any valid security interest. Lien, or other encumbrance unknown to the Buyer. Goods furnished by Seller are subject to Seller’s standard tolerances for variations.
Seller’s warranty shall be as set forth in writing. The Seller makes no warranties expressed or implied, including warranties as to the goods use or purpose if modified, changed or in any way altered from Seller’s manufactured goods, and shall not be liable for any loss or damage, directly or indirectly, or arising from the use of such goods for incidental or consequential damage. Warranty will be null and void if Seller’s good are modified, changed, or altered in any way or if goods are installed and/or used in a manner inconsistent with the goods’ intended installation and/or use without the written permission of the Seller. Before using any Seller’s product, Buyer or user shall determine the suitability of such product for user’s intended use. Use of Seller’s goods in a manner inconsistent with such goods’ intended installation and/or use and repurposed into another manufactured product is not permitted, and any damage or consequence resulting from said repurposing relieves Seller from any liability therefore.
THE SELLER SHALL NOT BE LIABLE FOR ANY ALL LOSS OR DAMAGE SUGGERED BY THE BUYER IN EXCESS OF THE CONTRACT PRICE. IN NO EVENT SHALL THE SELLER BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTION INVOLVING THE GOODS. CONSEQUENTIAL DAMAGERS, FOR PURPOSES HEREOF, SHALL INCLUE, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF DELAY, INJURY (INVCLUDING DEATH OF ANY PERSON) OR LOSS OR DAMAGE TO PROPERTY (INCLUDING WITHOUT LIMITATION PROPERTY HANDLED OR PROCESSED BY THE USE OF THE GOODS)). THE BUYER SHALL INDEMNIFY THE SELLER AGAINST ALL LIABILITY, COST OR EXPENSE WHICH MAY BE SUSTAINED BY THE SELLER ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY CAUSED BY OR RELATED TO THE ACTIONS OF BUYER.
All Intellectual Property Rights having to do with or related to the Seller’s goods are the absolute property of the Seller.
If any term or condition of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
This Agreement shall be governed by and construed in accordance with the laws of Minnesota and the parties herby submit to the exclusive jurisdiction of the District and Fed