PRICING/TERMS OF PAYMENT. Unless otherwise indicated on the face of this form, all prices for products purchased hereunder (the "Products") are FOB Rable Machine freight collect. Terms of payment for Products purchased hereunder are set forth on the face of this Acknowledgement. All amounts payable hereunder are payable in cash or immediately available funds at the location indicated on Rable's invoice. Payment terms are net 30 days after shipment of product. Payments made beyond these terms are subject to a fee of 1.5% per month until payment is received.
WARRANTY. Rable warrants that the Products will (i) be free from defects in materials and workmanship and (ii) conform to all applicable specifications, drawings, and descriptions. The Products will be conveyed to you with good title , free from any lawful lien or encumbrance.
THE FOREGOING EXPRESS WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE BY RABLE TO YOU WITH RESPECT TO THE PRODUCTS. ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE , ARE DISCLAIMED AND EXCLUDED FROM THE SALE OF THE PRODUCTS TO YOU. ANY CLAIM THAT YOU MAY HAVE UNDER THIS WARRANTY IS WAIVED UNLESS YOU NOTIFY RABLE IN WRITING WITHIN ONE (1 ) YEAR AFTER THE DATE OF DELIVERY OF THE PRODUCTS TO YOU .
LIMIT A TION OF LIABILITIES. NEITHER YOU NOR RABLE WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES , REGARDLESS OF WHETHER SUCH DAMAGES ARE CLAIMED UNDER THEORIES OF CONTRACT OR TORT. YOUR EXCLUSIVE REMEDY FOR CLAIMS (INCLUDING CLAIMS FOR BREACH OF WARRANT, NEGLIGENCE AND STRICT LIABILITY) IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE NON-CONFORMING PRODUCTS OR, AT YOUR ELECTION, THE REFUND OF THE PURCHASE PRICE OF THE NON-CONFORMING PRODUCTS .
TAXES. You are responsible for the payment of any federal, state, local sales, use, ad valorem , excise or other taxes or charges assessed or assessable with respect to the sale, use or transportation of the Products .
RISK OF LOSS. Unless the Prod ucts are shipped "F.O.B. Shipping Point," title to and risk of loss of the Products will pass to you upon delivery to the destination set forth in your purchase order. You assume all risks and liability for results arising out of your unloading, discharge, storage, hand ling and use of the Products, or arising out of your compliance or non-compliance with federal, state, municipal or local laws and regulations with reference thereto .
FORCE MAJEURE . Rable will be relieved from liability for failure to perform any of its obligations under your purchase order to the extent that such failure to perform is occasioned by : ( 1) acts of God, fire, explosion, flood, tornados , hurricanes ; (2) strikes, lockouts, or other industrial disturbances or riots; (3) war, declared or undeclared ; (4) compliance with any Federal , state, municipal or military law, regulation , order, or rule, foreign or domestic, including priority , rationing , allocation or preemption orders or regulations , or cancellation of its license to operate its plant ; (5) shortage or breakdown or other failure of facilities used for manufacture or transportation of the Products ; (6) shortage of labor, power , fuel or raw materials; (6) total or partial shutdown due to normal plant turnaround ; or (7) any other cause or causes of any kind or character reasonably beyond the control of Rable, whether similar to or dissimilar from the enumerated causes (any such cause herein called "force majeure "). Upon the cessation of the cause or causes for any such failure or delay, performance hereof shall be resumed , but such delay shall not, except by mutual agreement, operate to extend the term of this contract or obligate Rable to make up deliveries missed due to any force majeure event.
ASSIGNMENT. Neither you nor Rable may assign the contract formed by your purchase order and this Acknowledgment without the prior written consent of the other party. The contract formed by your purchase order and this Acknowledgement shall be bindi ng on you and Rable and the successors and assigns of you and Rable.
MODIFICATIONS. No statement or agreements, oral or written, made before or at the time this Acknowledgment is executed shall vary or modify the written terms hereof, and neither you nor Rable shall claim any amendment, modification or release from any provision hereof unless such change is in writing signed by the other party and specifically states that it is an amendment to the contract formed by your purchase order and this Acknowledgement.
Rable Machine, Inc. will acknowledge receipt of all purchase orders. Acceptance of any purchase order, however, is conditioned upon the customer's agreement to all of our terms and conditions. Rable objects to any terms and conditions in any customer's purchase order that are different from, or in addition to, the terms and conditions of this Acknowledgment. If a customer and Rable have a formal, written agreement that covers a purchase, the terms and conditions of such formal, written agreement will apply and will be controlling over the terms and conditions of the customer's purchase order and this Acknowledgment.
Any questions regarding our terms and conditions can be directed to our President, Scott Carter at 419-525-2255.
