Terms and Conditions
Notice: Ordering goods from Ric Travis and/or Contactacoat shall constitute an acceptance of the following terms and conditions. RIC TRAVIS AND/OR CONTACTACOAT does not agree to any different or additional terms in Purchaser’s purchase order or other document unless specifically agreed to in writing by RIC TRAVIS AND/OR CONTACTACOAT.
1. Parties Ric Travis and/or Contactacoat, will be referred to as “RIC TRAVIS AND/OR CONTACTACOAT”, “us”, “we”, “our” or “seller” and the person or company purchasing will be referred to as “Purchaser”, “you” or “your”. All materials, goods, services or work described on the front hereof, regardless of type will be referred to as “Products.”
2. Delivery RIC TRAVIS AND/OR CONTACTACOAT will utilize carriers of its choosing. It is understood that when parcel services are used for shipping, such as USPS, UPS or Federal Express, risk of loss or damage in transit is still borne by the Purchaser, even if RIC TRAVIS AND/OR CONTACTACOAT’s freight account is used, prepaid for the Purchaser and added to the Purchaser’s Product invoice from RIC TRAVIS AND/OR CONTACTACOAT. In the event of loss or damage, RIC TRAVIS AND/OR CONTACTACOAT will act as a conduit only and make its best effort to recover funds from carrier on behalf of Purchaser. RIC TRAVIS AND/OR CONTACTACOAT will forward such monetary recoveries to Purchaser less any amounts owed to RIC TRAVIS AND/OR CONTACTACOAT by Purchaser. RIC TRAVIS AND/OR CONTACTACOAT will not be responsible for any monetary deficiencies between the value of any lost or damaged material in transit, even if carrier claims that packaging was insufficient. RIC TRAVIS AND/OR CONTACTACOAT reserves the right to ship all orders upon completion, regardless of delivery dates requested by Purchaser. RIC TRAVIS AND/OR CONTACTACOAT shall not be liable for damages of any description arising from delay in shipment or delivery. RIC TRAVIS AND/OR CONTACTACOAT may require payment in full, or partial prepayment, or payment of any outstanding amounts owed before shipment of the Products. RIC TRAVIS AND/OR CONTACTACOAT shall be entitled to cancel Purchaser’s order in the event Purchaser fails to provide adequate assurances, without further liability or obligation to Purchaser.
3. Changes/Cancellation Orders placed and accepted by RIC TRAVIS AND/OR CONTACTACOAT (all orders are subject to acceptance by RIC TRAVIS AND/OR CONTACTACOAT’s corporate office) may not be changed or cancelled except upon terms that will fully compensate RIC TRAVIS AND/OR CONTACTACOAT against loss. Orders for non-standard or custom products manufactured to Purchaser’s specifications may be cancelled only prior to the commencement of manufacture and only to the extent that RIC TRAVIS AND/OR CONTACTACOAT is able to cancel orders for materials ordered for the manufacture of such products. Purchaser shall be liable to RIC TRAVIS AND/OR CONTACTACOAT for the cost of such materials and all tooling and set-up costs.
4. Returned Products / Claims Risk of loss or damage during shipment is upon Purchaser. Any claim for loss or damage to Products during shipment shall be made by the Purchaser to the freight carrier, not RIC TRAVIS AND/OR CONTACTACOAT, even if RIC TRAVIS AND/OR CONTACTACOAT’s carrier account is utilized. Within thirty (30) days after delivery to Purchaser of Products, Purchaser must give written notice to RIC TRAVIS AND/OR CONTACTACOAT of any claim by the Purchaser based on the condition, quality or grade of products, shortages, or of any claimed nonconformity with Purchaser’s specifications. Failure to give timely notice, in writing, in accordance with this paragraph shall bar any claim with regard to same, shall constitute irrevocable acceptance by Purchaser of the Products and shall bind the Purchaser to pay full invoice price thereof. Accepted products shall not be returned without RIC TRAVIS AND/OR CONTACTACOAT’s prior written consent and issuance of a Return Authorization (RA) number and designated freight carrier.
5. Force Majeure RIC TRAVIS AND/OR CONTACTACOAT shall not be liable for delays or defaults in the delivery caused by accidents, strikes, fires, floods, acts of God or public enemy, labor unrest, shortages of raw material, fuel or labor, interruption of transportation, governmental regulation or restriction, or any causes outside the Seller’s reasonable control.
6. Assignment Purchaser may not assign its rights or obligations hereunder without the prior written consent of RIC TRAVIS AND/OR CONTACTACOAT and any purported assignment without such consent shall be void and of no effect.
7. Limitation of Liability In no event shall RIC TRAVIS AND/OR CONTACTACOAT be liable for any incidental or consequential damages, including but not limited to, loss of profit, loss of use of production, loss of capital or loss of material. Purchaser’s remedies are limited to set forth herein are exclusive and the total liability of RIC TRAVIS AND/OR CONTACTACOAT with respect to any contract, or anything done in connection therewith such as the performance or breach hereof, or from the manufacture, sale, delivery, resale, installation or use of products whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise, shall not exceed the purchase price of the products upon which the liability is based. RIC TRAVIS AND/OR CONTACTACOAT is not responsible for processing or materials that are not our own. RIC TRAVIS AND/OR CONTACTACOAT is not responsible for freight costs, shortages and/or late shipments of other suppliers. RIC TRAVIS AND/OR CONTACTACOAT is not responsible for cost of Purchaser’s own material. It is understood that Purchaser will independently determine the suitability of processed material(s) for its purposes. We suggest that you test, evaluate, and approve our work and products in use with other materials. We will be happy to supply you with samples, upon request. Seller makes no warranty, whether expressed or implied, including warranties of merchantability or fitness for a particular purpose. RIC TRAVIS AND/OR CONTACTACOAT is not responsible for goods held for pick-up, unprocessed incoming material, or finished goods waiting for Proforma payment, left for over 90 days. It is hereby agreed that any and all disputes and/or litigation between RIC TRAVIS AND/OR CONTACTACOAT and any Purchaser will be governed by the laws of the State of WA, adjudicated in a court of competent jurisdiction having its situs in the State Washington.
8. Entire Agreement These provisions are incorporated into these terms and conditions of sale by reference. Purchaser and RIC TRAVIS AND/OR CONTACTACOAT acknowledge that these terms and conditions of sale, together with RIC TRAVIS AND/OR CONTACTACOAT’s invoice, constitute the entire agreement between Purchaser and RIC TRAVIS AND/OR CONTACTACOAT with regard to the sale or transfer of the products and supersede all prior oral or written statements of any kind made by the parties or their representatives. These terms and conditions of sale may not be amended, modified or supplemented except by written agreement executed by the Purchaser and RIC TRAVIS AND/OR CONTACTACOAT. The terms and conditions of sale are hereby deemed by the parties to be severable and the invalidity of unenforceability of one provision shall not affect the validity and enforceability of any other provision.
