RBHall Associates, LLC Corporate Terms & Conditions

ACCEPTANCE or APPROVAL: Should the equipment on this proposal be purchased subject to acceptance or approval of another (such as Architect, Engineer. Owner, etc.), RBHall Associates, LLC shall not be liable in any way should acceptance or approval not be granted. We cannot guarantee to meet or equal specifications written on behalf of another solution provider.
WARRANTIES: RBHall Associates, LLC extends to buyer the manufacturer’s warranty. A copy is available upon request. Manufacturer’s warranty is in lieu of any warranties contained in any applicable project conditions, plans, or specifications unless specifically stated otherwise. RBHall Associates, LLC makes no other warranties, express or implied, as to any matter whatsoever, including without limitation, the conditions of the equipment, its merchantability or fitness for a particular purpose. RBHall Associates, LLC shall not be liable for any damages by reason of failure of the equipment to operate or a faulty operation of this equipment. RBHall Associates, LLC shall not be held responsible for any direct, incidental or consequential damages or liquidated damages or losses (including but not limited to loss of use, income, profit or production, or spoilage or increased cost of operation) resulting from the installation, operation or use of the equipment.
LIMITATION OF REMEDY: RBHall Associates, LLC shall have no liability for any damage caused by negligence, accident, misuse, improper storage, improper installation, improper service, maintenance or operation. RBHall Associates, LLC liability (whether under theories of warranty, negligence, strict liability or contract) is limited solely to repair or replacement of the equipment or its parts by RBHall Associates, LLC or its duly authorized representative, or at RBHall Associates, LLC option and in its sole discretion, refund of the purchase price, and the foregoing shall be the sole and exclusive remedy against RBHall Associates, LLC. In no event shall RBHall Associates, LLC liability with respect to the goods or there non delivery exceed the purchase price paid by Buyer to RBHall Associates, LLC. Buyer shall have no right to consequential or incidental damages or to any remedy not hereinbefore described. Any claim by Buyer against RBHall Associates, LLC with respect to the goods is deemed waived by Buyer unless submitted to RBHall Associates, LLC in writing within ten (10) days of the date Buyer discovered or by reasonable inspection should have discovered, the basis for such claim.
CLAIMS RESOLUTION: All claims and disputes between Buyer and RBHall Associates, LLC arising out of or relating to performance of any agreement or breach thereof involving this project shall be decided by binding arbitration. Any award arising from such proceedings shall be final and binding upon the parties and enforceable in accordance with the Federal Arbitration Act.
DELAYS: Seller shall not be liable for failures or delays in making delivery hereunder when such failure or delay results from an act of God or the public enemy accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, strikes, lock-outs, labor troubles, riots, sabotage, embargo, wars (whether or not declared and whether or not the United States is involved), federal, state or municipal law, ordinance, rule, regulation, order license, priority, seizure requisition or allocation or other restrictions, failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel or labor or any other circumstances of a similar or different nature beyond the reasonable control of the Seller.
CREDIT: If Buyer’s credit, at the sole judgment of the Seller, is impaired at any lime, Seller shall have the right to defer shipment or cancel the order.
PENALTIES: No penalty clause of any kind will be effective unless approved in writing by an officer of RBHall Associates, LLC.
CANCELLATIONS: Should the order be cancelled through no fault of RBHall Associates, LLC the Buyer is liable for reimbursement for any and all expenses incurred in connection with this transaction; and in accordance with law for any other losses incurred by Seller.
RETURN OF GOODS: Goods may not be returned except by permission of a representative of RBHall Associates, LLC and when so returned, shall be subject to handling and transportation charges.
PRICES: Unless otherwise notified, prices on orders will be held firm provided the order is released for production within 30 days of placement. (The date of placement being the date of the Buyer’s order and the date of release being the date the official notice of release is received at the Seller’s offices.) Order released after 30 days from date of customer’s purchase order may be subject to escalation.
TITLE: The title to all material(s) and/or equipment and to any and all additions and accessories thereto and substitutions therefore, shall remain with Seller until the purchase price thereof is paid in full.