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Terms and Conditions of Sale

  1. Acceptance of Purchase Orders:

    All sales are subject to review and no sales are final until accepted by Rubber & Plastics, Inc. (RPI). Prices on your Purchase Order may differ from our current selling prices. In the event prices listed on your P.O. are not accepted by RPI, the correct prices will be reflected on the Sales Order Acknowledgement or your P.O. and emailed or faxed back to you for approval. To continue processing your order we must receive a written confirmation of the corrected pricing.

  2. Alterations of Terms and Conditions:

    No alteration or waiver of the terms and conditions contained herein shall be effective unless authorized in writing and signed by a corporate officer of RPI. In the event Buyer submits a purchase order with terms that are in conflict with the RPI terms and conditions of sale, the terms and conditions of RPI shall prevail.

  3. Pricing:

    All prices are subject to change without notice and therefore considered non-binding.  In the case of a written quotation, price will be valid for 30 days from the date of the quote.  Prices are exclusive of all federal, state, or local taxes. The Buyer shall pay all taxes applicable to products purchased, or in lieu thereof. Buyer shall provide RPI with a tax exemption certificate acceptable to tax authorities for each state in which goods are to be shipped. Unless otherwise agreed upon and clearly stated on the quote or acknowledgment, prices do not include shipping costs.

  4. Minimum Order Value:

    The minimum order value is $250.  All orders with a total value of less than $250, will be invoiced at $250.00.  The minimum order value is waived for customers that had an annual purchase value over $10k the prior fiscal year.

  5. Payment Terms:

    Payment terms are noted on each invoice. Accounts over 30 days past due may cause current orders to be put on credit hold, which is likely to create delivery delays. Delinquent accounts may be subject to an interest charge of 1.25% (or the maximum rate allowable by applicable law) per month. Delinquent account balances over 60 days past due are subject to being placed for collection and Buyer agrees to pay all expenses incurred, including collection fees, court costs and reasonable attorney’s fees.  Credit card payments will be charged on the day the order is accepted, with any additional shipping charges being charged on the day of shipment.

  6. Cancellation of Orders:

    In the event of a Buyer ordering error, order may be cancelled at no charge prior to any material cutting, modification or fabrication.  Any cancellation after material has been cut, modified or fabricated will result in a cancellation fee equal to the cost of the material, up to the full amount of the purchase order.  Fabricated and Special order items ARE NOT RETURNABLE

  7. Approval of Drawings or Layouts:

    Customer is responsible for approving belt or part layouts, whether in the form of a drawing or written description.  When customer places an order based on a supplied quote, it is assumed that customer has verified and accepted the drawing or written description as is.

  8. Tolerances:

    Standard belt and fabrication tolerances as noted (link) are deemed acceptable and Buyer agrees to such tolerances.  Material furnished within these tolerances but rejected by Buyer will not be subject to return or credit. 

  9. Warranty:

    All goods are inspected prior to shipment and subject to the standard RPI Warranty. Please see RPI Warranty for further details.  RPI makes no warranty of fitness for any particular application; each buyer must initially determine the suitability for the intended application.  RPI will provide information, guidance and general recommendations, but it is the responsibility of the Buyer to confirm the suitability of the material for the specific application. 

  10. Delivery:

    Delivery dates shall be subject to and contingent upon timely receipt of purchase order by RPI, together with Buyer credit qualifications. RPI shall not be liable for failure to meet any promised delivery date due to credit qualification delays, force majeure, work stoppages, strikes, component unavailability, delays by component vendors, delay or default of common carrier or any unforeseeable event or circumstance.

  11. Shipping and Handling:

    All shipments will be made F.O.B. shipping point. Shipping and handling charges will be calculated from RPI dock. Freight shipments will be sent collect or prepaid and added to invoice charges, unless otherwise noted on the PO and agreed upon by RPI.  Delivery to the initial common carrier shall constitute delivery to the buyer. Any claims for loss or damage to shipment are to be filed with carrier by buyer. Rubber & Plastics, Inc. will not assume responsibility for the performance of the carrier.  Products are shipped from RPI dock. Buyer is liable for all costs from pick up of cargo at shippers premises. Risk of loss due to damage or shortage or non-delivery due to carrier fault, lies with the Buyer.

  12. Discrepancy / Failed Delivery Claims:

    The Buyer should file all claims for damage or shortages with the carrier handling the shipment. Claims stemming from discrepancies between invoice descriptions or quantities and actual product received by the Buyer due to an error by RPI must be made in writing within thirty (30) days of invoice date. Any such claim not presented within that time limit will be waived and actual delivery of invoiced items and quantities shall be conclusively presumed.

  13. Returned Material:

    If customer feels RPI material has failed to perform to standard expectations, the customer may contact RPI for a “Return Goods Authorization” (RGA) number.  No credit will be issued for return of goods older than sixty (60) days (from the date of shipment). A RGA number must be obtained from RPI prior to material being returned. Unauthorized returns may result in: the product being refused and returned, or accepted with a thirty percent (30%) restocking fee or $200.00 transaction charge, whichever is greater. If product is not authorized for return with an RPI RGA and routed through an approved carrier, the supplier may be back charged for excess freight costs incurred plus a $150.00 Service Fee.

  14. Change of Buyer’s Name, Address or Reorganization:

    Buyer hereby agrees to notify RPI’s Credit Department in writing of any changes of name or address of any corporate reorganization or change of ownership, which may affect the information on your Credit Application.

  15. Arbitration:

    Any controversy or claim arising out of or relating to this agreement of any alleged breach thereof shall be fully and finally settled by arbitration in (City/State).  Any judgment made by an arbitrator, will be agreed to and accepted by both parties, and may be entered in any court having jurisdiction.

  16. Limitation of Liability:

    Seller shall not be liable in contract, in tort (including negligence) or otherwise for damage or loss of other property, loss of profits or revenue, loss of use of proper or equipment, claims of customers of Buyer or for any special, indirect, incidental or consequential damages whatsoever.  Under no circumstances shall Seller’s liability exceed the purchase price of the goods in respect of which damages are claimed.

  17. Entire Agreement:

    The above stated terms and conditions constitute the entire agreement between the parties and supersede any previous agreements, warranties, representations, undertakings or understandings between the parties and may not be varied except in writing.  All clauses of this agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions.