INNOVATIVE PRODUCT & SERVICE WE STAND BEHIND
There are no warranties, expressed or implied except that all goods shall conform to their description and specifications–subject, however, to tolerances and variations set forth herein. Any implied warranty of merchantability and fitness for a particular purpose and any other warranties, guarantees, or representations, expressed or implied by operation of law, or otherwise, are specifically excluded. There are no other warranties, expressed or implied, including implied warranties of merchantability or fitness for a particular purpose. There are no warranties which extend beyond the
description of the face hereof.
In addition to the above, Riverside Steel does not warrant:
A. Any product, component or parts not manufactured by riverside;
B. Defects caused by failure to provide a suitable installation environment for the product;
C. Damage caused by use of the product for purposes other than those for which it was designed;
D. Damage caused by disasters including, but not limited to fire, flood, wind and lightning;
E. Damage caused by unauthorized attachments or modifications;
F. Damage during shipment; or,
G. Any other abuse or misuse by the purchaser.
We make no representation of surety of weld and the buyer by acceptance of this product assumes full responsibility for the adequate testing thereof, releasing Riverside Steel, Inc., and indemnifying and saving Riverside Steel harmless from any and all claims arising out of the sale, purchase, handling, consumption, or other use of any welded products fabricated or sold by Riverside Steel. We shall not be responsible for the suitability, fitness, correctness, adequacy, or completeness of design information furnished by the buyer or his representative. Our sole responsibility shall be to produce the product in accordance with the design information furnished us. We make no representation whatsoever as to the fitness for any particular purpose of (1) the welds produced by Riverside and (2) the design of any product or component to be welded whether or not suggested by us. We may assist Buyer in the preparation of product designs, but we grant no indemnity and make no representation or warranty with respect to possible patent infringement of patents covering the product designs or any other feature or use of the products made. There are no warranties, expressed or implied, including implied warranties of merchantability or fitness for a particular purpose.
Terms & Conditions
The following terms and conditions of sale shall be applicable to all sales made by Riverside Steel, Inc., except where it is otherwise expressly agreed in writing. Acceptance of delivery of any or all goods ordered by a purchaser shall constitute an agreement by the purchaser to these terms and conditions of sale.
The prices quoted may be changed by us without notice in order to reflect our prices at times of shipment and any increase in transportation, labor or other costs. If a delivered price has been quoted, any changes in destination for spotting, switching, handling, storage, and other accessorial services and demurrage shall be borne by you, and any increase or decrease in transportation charges shall be added to the quoted price. We reserve the right to correct any obvious errors in specifications or prices. All prices are FOB factory, Vienna, Ohio.
Any taxes which under any existing or future law we may be required to pay or collect with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the goods or services covered shall, if not separately shown, be added as a separate item to the quoted price, and shall be paid by you to us on demand. The foregoing shall not apply to any taxes, the payment or collection of which by us is excused by reason of delivery to us of valid tax exemption certificates.
TERMS OF PAYMENT
Unless otherwise expressly provided, payment shall be due 30 days from the date of each invoice, without discount. Any cash discount which may be expressly provided for applies only to the sale price of the goods at the shipping point, and does not apply to any charges made for taxes, storage, loading, or transportation. Interest shall be charged at the rate of 18 percent per annum on all past due accounts. Calculations of the cash discount period and/or net cash due date is from the date of Seller’s invoice and not from date material is delivered.
SUSPENSION OF PERFORMANCE
If in our judgment reasonable doubt exists as to your financial responsibility, or if you are past due in payment of any amount owing to us, we reserve the right, without liability and without prejudice to any other remedies, to suspend performance, decline to ship, or stop any material in transit, until we receive payment of all amounts, whether or not due, owing to us, or adequate assurance of such payment.
Unless otherwise expressly stated, shipment may be by carrier or other means selected by us. Title to any goods priced at shipping point shall pass to you upon delivery at such shipping point; title to any goods priced at destination shall pass to you upon delivery at the destination specified.
If any goods received by you are damaged, or if the quantities received by you do not agree with the quantities indicated on the shipping documents, and if you intend to assert any claim against us on the account, you shall mark an exception on your receipt to the carrier and shall, within 15 days after receipt of such goods, furnish us detailed written information as to any damage or shortage. You shall advise us in writing promptly after receipt of any goods, and in no event not later than 30 days after such receipt, of any other claim you may have against us with respect to such goods. If you have any claims against us with respect to any goods, you shall afford us a reasonable opportunity to inspect such goods. Any action for breach of this contract must be commenced within one year after the cause of action shall accrue, and no such action may be maintained which is not commenced within such period.
FIELD REWORK AND RETURNS
All field rework or material returns must receive prior authorization by Riverside Steel. All returns require an RGA number.
LIMITATIONS OF LIABILITY
Your exclusive remedy for breach of contract as to any goods, and our only liability for any such breach, shall be replacement or repair of such goods, or repayment to you of the purchase price paid by you for such goods, whichever such remedy we shall select, and if we elect to repay the purchase price of any goods and to advise you, you must return such goods to us immediately. In no event will we be liable for incidental or consequential damages.
If any of the goods are to be furnished to your specifications, you agree to indemnify us and our successors and assigns, against all liabilities and expenses resulting from any claim of infringement of any patent in connection with the production of such goods.
COMPLIANCE WITH LAWS
Any clause required to be included in a contract by any applicable law, or by any administrative regulations having effect of law is hereby incorporated herein.
A contract may be cancelled or modified only by written agreement between us. Your insistence upon canceling or suspending fabrication or shipment, or your failure to furnish specifications when required, may be treated by us as a breach of contract by you, and we may cancel any unshipped balance without prejudice to any other remedies we may have.
The terms set forth herein constitute the sole terms and conditions of the contract between you and us. No other terms, conditions or understanding, whether oral or written, shall be binding upon us, unless hereafter made in writing and signed by our authorized representative. Upon acknowledgement of your order by us, the above supersedes all other terms and conditions of sale and warranties, expressed or implied.