Production Rubber, LLC
TERMS AND CONDITIONS
Please note: Production Rubber LLC and ProductionRubber.com are herein known as the Seller and you, the customer, as the Buyer.
1. GENERAL INFORMATION
All sales are final, absolutely no refunds or exchanges, no warranties, no guaranties, whether expressed or implied, no exceptions. Before requesting samples or pricing, placing an order, or sending E-mail(s), please review the following, as your order to us is deemed full agreement with our complete terms and conditions stated herein.
1.1 Terms, conditions, prices, and all information, either verbal, electronic or in writing, are subject to change without notice. Only the most recent update is deemed valid.
1.2 The Seller's Terms and Conditions supersede any and all terms and conditions of any other party including The Buyer. The Buyer's Purchase Order to the Seller is deemed agreement with entire, complete and full Terms and Conditions as stated in this document.
1.3 Seller's Terms and Conditions override all Buyer's terms and conditions. The Seller reserves the right to make changes to its terms and conditions at any time. The Seller is not responsible for any errors, omissions or typographical errors in this document or any correspondence sent from the Seller.
1.4 All copy, logos, artwork, photographs and any other images on this site are the property of the Seller and/or its suppliers and partners and are used by permission.
1.5 All trademarks used are owned by the original copyright holders.
1.6 No part of ProductionRubber.com may be downloaded, printed, stored or transmitted by any means, including electronic.
1.7 Indemnification. Buyer agrees to defend, indemnify and hold the Seller harmless from any claims, losses and damages, including attorney fees, relating to any use or misuse by Buyer of free or purchased products obtained from the Seller.
1.8 All information herein, whether stated, implied, or omitted in, faxes, voice communications, estimates or quotes is in effect at all times.
1.9 Seller's advice or opinions, whether solicited or unsolicited, remain as mere opinions.
1.10 The accuracy of any and all descriptions and specifications for materials or products procured for the Buyer by the Seller is solely the responsibility of the Seller's suppliers, vendors and/or manufacturers.
1.11 Buyer agrees that any products purchased from the Seller shall be used for lawful purposes only.
2.1 Consent to Transfer Electronic Data
2.2 The Seller does not accept confidential E-mail(s) that contain proprietary information, clauses, images or drawings, unless the Seller gives prior permission before sending and the Buyer's E-mail is accompanied by a written legal document stating that the image or information can be shared legally with the Seller and its suppliers, manufacturers and any parties of interest in the project. The Buyer holds the Seller harmless in the dissemination of the Buyer's released, supplied information. The Seller has no control of Buyer's information when it leaves our server and holds the Seller harmless against any action by any party involved, and is subject to these terms and conditions. If you choose to send confidential or classified E-mail per the terms listed herein and the Seller receives it, its security and confidentiality is not guaranteed and it will be deleted upon discovery.
2.3 The Seller does not sign non-disclosure statements nor any other document requiring a signature. Any special instructions must be included in The Buyer's purchase order to The Seller. The Seller reserves the right to accept or decline a Buyer's purchase order or request changes to be made to meet The Seller's terms and conditions.
2.4 SECURITY: The Seller DOES NOT GUARANTEE that any data transmitted to us or from us electronically or otherwisewill be secure. The Seller's web site and E-mail clients are not secure.
PLEASE NOTE: ProductionRubber.com and its E-mail addresses ARE NOT SECURE, and therefore, your data is not stored securely. As such, the Seller is not responsible for the safety of your data transmitted to us or stored by us. Do not send any personal information, account or credit card numbers, or any other data of a personal or secure nature, except your direct business contact information. Confidential E-mail received with disclaimers are also subject to the conditions as stated in this paragraph.
2.5 Any inappropriate requests or E-mail will be refused and/or reported to the proper authorities.
2.6 Any correspondence sent to the Seller, whether by phone, fax, E-mail or letter, will be used by the Seller and the Seller's vendors for contact and confirmation purposes in the preparation and follow though on estimates, quotes or projects, both in progress or completed. The Seller's vendors or suppliers are extensions of the Seller's service, and as such, are a vital link in servicing your account.
2.7 Any data stored in the Seller's computer(s) or other storage devices is not guaranteed or insured by the Seller for any damage or loss of any kind. The Buyer's information is stored offsite, in the Seller's computer(s) and Seller's files AT THE BUYER's OWN RISK. Any lost information that needs to be restored, redone or updated due to loss, theft or fire, or any other accident or mishap or Act of God will be done so at the expense of the Buyer. Only COPIES of artwork, photographs or any other document and not the original(s), should be sent for the Seller and its suppliers to use on the Buyer's behalf.
2.8 Any and all information shared by the Seller during E-mail correspondence is for information and opinion purposes only and should not be construed as information to be acted upon or used as a binding agreement. Neither the Seller, nor the Seller's vendors, suppliers or partners guarantee information. This includes, but is not limited to, pricing, marketing, sales, media direction, art or any other information shared, whether or not solicited by the Buyer from and through the Seller or the Seller's vendors, suppliers or partners. The Buyer should verify through its own sources, any information the Buyer may receive from the Seller. The Seller, the Seller's vendors, suppliers or partners are held harmless.
3. REQUESTS FOR PRICING
3.1 Requests for estimates are considered through use of the Contact Form on productionrubber.com. In order to best understand your inquiry and give the Buyer targeted information, the Seller cannot respond to requests without complete business contact information and project specifics.
3.2 The Seller's and any of the Seller's suppliers' conditions, pricing and all information, either verbal, electronic or in writing, are subject to change without notice.
3.3 All pricing estimated or quoted will be done so in writing through E-mail and reflects the Sellers best knowledge of current Supplier pricing.
3.4 Any pricing obtained in casual discussion between the Seller and a potential customer is not binding.
3.5 The Seller does not accept confidential Email that contain proprietary information, clauses, images or drawings or any other document or artwork. The Buyer holds the Seller harmless in the dissemination of the Buyer's released, supplied information to the Seller's suppliers and or vendors. ProductionRubber.com and its E-mail(s) are not secure. (See 2.4 above).
3.6 Before providing an estimate, the Seller reserves the right to request from the Buyer the following information: application, material, thickness and size specification, quantity, expected lead time and any other relevant informaiton to providing an accurate esitmate
IMPORTANT! Seller recommends that Buyer tests samples of any material prior to ordering. Testing and use is at the Buyer's risk.
4.1 STANDARD MOUSE PAD SIZE or smaller as available
4.1a up to two standard size mouse pads per product, color or thickness are free (one-time only) for stock material when shipped under Buyer's UPS(R) or FedEx(R) account
4.1b subsequent sample requests will incur a material charge when shipped under Buyer's account
4.2 SPECIAL ORDER SAMPLES for custom-cut testing material:
4.2a requests for custom cut sample material are estimated based on material, size and thickness requested
4.2b minimum order charge for cut samples is $50. plus shipping
4.2c without Buyer's shipper account information sample delivery charge will be calculated by Seller. Payment is required and is non-refundable
4.2d SHIPPING SERVICE CHARGE: If the Seller handles the shipping for the Buyer, a thirteen percent service charge will be added to the final invoice for this service. To avoid this service charge, you must arrange for your freight to be picked up. We will provide all the information for you to do so when product is ready for pick up. After pick-up we will not follow through on tracking, or any updates. If a lift gate is reqired to deliver any product a MINIMUM charge of $125.00 depending on charrier's pricing structure. Buyer must reveial the need for a lift gate at tme of Purchase Order.
5. MATERIAL ORDERING
5.1 The Buyer alone is responsible for checking the quality and suitability of goods before placing an order. All sales are final, absolutely no refunds or exchanges, no warranties, no guaranties.
5.2 All estimates will be confirmed for pricing and lead times at the time of submitted Purchase Order by the Buyer.
5.3 The Seller works with purchase orders and pre-payment in full only, accepting (Visa(R), MasterCard(R), bank check sent overnight with tracking number, or wire transfers.
5.4 All purchase orders, conditions, and pricing are subject to review for accuracy and acceptance by the Seller and our suppliers. We reserve the right to make changes to reflect accurate ordering information. Purchase orders accepted for make-and-hold materials are limited to two shipments within thirty days.
5.5 ALL ORDERS ARE SUBJECT TO THE MINIMUM QUANTITY FOR THE TYPE OF MATERIAL BEING ORDERED. For non-stock product, Buyer's order will be added to the production list, and when the minimum for this material is reached by a combining of orders, Buyer's order will be run.
5.6 Any written acceptance by the Buyer of the Seller's estimate or quote, whether in the form of an electronically sent Purchase Order, or an email acceptance of estimate or quote shall be deemed as an order directing the Seller to procure said materials on the Buyer's behalf and thereby, subject to the terms and condition as stated within this document.
5.7 The Buyer's verbal order may, in certain circumstances, be accepted to initiate the processing of an order, but said order will be not be filled until the Seller receives written authorization from the Buyer to proceed.
5.8 All non-stock and custom orders are subject to the minimum turnaround time of 45 working days, plus delivery, from the time the manufacturing plant accepts the Seller's purchase order on the Buyer's behalf (unless changed by the Seller).
5.9 The Seller, and/or its suppliers, reserves the right to review purchase orders and ask that any incorrect or missing information be rectified, and a corrected purchase order be sent to Seller, before Seller's acceptance of customers order.
5.10 IMPORTANT! PLAN FOR CONTINGENCIES!
5.11 NOTE: For USA manufactured material orders a +/-10-30% delivered quantity is deemed acceptable. Overruns or underuns of +/-10% for diecut and/or printed mats are deemed acceptable delivery. Any adjustments will be made to invoice after run is completed and final quantities determined. Credit or refund will be issued accordingly.
5.12 All pricing, if needed, will be adjusted to meet current cost criteria. The Seller and its suppliers retain the right to cancel any and all orders without penalty.
5.13 SHIPPING SERVICE CHARGE: A thirteen percent service charge will be added to the final invoice If Seller arranges delivery to Buyer's designated address. To avoid this service charge, you must arrange for your freight to be picked up. We will provide all the information for you to do so when product is ready for pick up. After pick-up we will not follow through on tracking, or any updates.
5.14 TEST ALL MATERIAL BEFORE USE Neither the Seller, nor its suppliers, vendors or manufacturers have any control over the application of the material to, or as part of, the final product, and therefore, the Sellerand its suppliers and manufacturers make NO EXPRESSED OR IMPLIED WARRANTY OF USE, RESULT, FITNESS OR MERCHANTABILITY. It is the Buyer, that must authenticate the materials' suitability in meeting any need and/or specification required or demanded, and to test the product by use of an independent testing laboratory to determine reliability for the use in your particular applications and environment. CUSTOMER ASSUMES ALL LIABILITY for using the product, by any means, in any machinery, or under any condition as used by anyone. WARNING: do not cut the material. Cutting the material should be accomplished by trained personnel with the proper machinery and safeguards in place to do the cutting. You assume all liability for handling and processing any material obtained through the Seller. ALL SALES FINAL, NO REFUNDS, NO EXCHANGES, NO EXCEPTIONS.
WARNING: Some rubber or foam may contain latex and/or other allergic materials and, in some individuals, may cause an allergic reaction. Use proper handling techniques at all times. TEST ALL PRODUCTS BEFORE USE. FOR PRESSURE SENSITIVE ADHESIVES VIGOROUSLY TEST THE MANUFACTURERS STANDARD ADHESIVES IN YOUR APPLICATION. Seller is held harmless in all matters regarding use, missuse or anoth other circumstance or conditions in a Buyers use of materials supplied by the Seller.
6.1 Invoices for stocked items are electronically issued by the Seller at time of accepted Purchase Order from Buyer and are due upon receipt.
6.2 Special order invoices are issued at the time of order being accepted into production schedule and are due upon receipt. Payments are processed and receipts sent to Buyer via E-mail attachment or fax.
6.3 Special Order Terms*(see section 8.2)
NOTE: For USA manufactured material orders a +/-10-30% delivered quantity is deemed acceptable. Overruns or underuns of +/-10% for diecut and/or printed mats are deemed acceptable delivery. Any adjustments will be made to invoice after run is completed and final quantities determined. Credit or refund will be issued accordingly.
6.4 Overdue invoices past 30 days will incur a 2% per month (24% annual) annual fee. Customers with approved credit will automatically revert to pre-payment upon any overdue invoice. Check payments are expected in our hands before 30 days from invoice date. Overdue invoices past 60 days will be turned over to the Seller's attorney or a collection agency.
7. PAYMENT OPTIONS
7.1 Major credit card
7.4 ACH bank transfer
8. TERMS OF CREDIT
8.1 Stock Item Terms
IMPORTANT INFORMATION ON OVERDUE INVOICES
8.2 Special Order Terms*
*A Special Order is defined as any product that is not typically stocked or a product that requires special handling/production materials specific to an order.
9. SALES AND USE TAXES. The Seller does not collect sales or use tax except in Vermont and to consignees in California for offshore material. The Seller gladly accepts any Sales Tax Exempt Form for the State in which the Buyer does business. However, because purchases made over the Internet or by other remote means may be taxable in the state in which the Buyer does business. Buyers are responsible to declare sales tax and use tax in the ways their state of residency requires. For more information and the appropriate forms and instructions, please visit your state's web site.
10.1 The Seller will make every effort on behalf of the Buyer to meet specified deadlines. However, the Seller cannot and does not guarantee a project's completion date. The Seller will advocate to expedite the process as much as possible, barring the development of circumstances beyond the Seller's, or its vendor/supplier's, control. Such circumstances include, but are not limited to: mechanical breakdown, interruptions resulting from strikes, or other labor shutdown, weather-related transportation delays, or any act of God.
10.2 Quantity of plus or minus 10% to 30% constitutes an acceptable delivery for all die cut pads and custom material.
10.3 DELAYS: The Seller shall not be held liable for any delays, failure to complete an order, or default on any order or contract due to items beyond the Seller's control such as, but not limited to: strikes, floods, fires, or other acts of God, or transportation issues, i.e., no transportation available, breakdown in transit, carrier schedule changes or any accident, delay or other circumstances beyond the control of the Seller or its vendors or suppliers.
IMPORTANT! CAVEAT EMPTOR
10.4 BEFORE ACCEPTING DELIVERY:
The Seller's vendors and/or suppliers make every effort to insure that materials are packaged and palletted for secure travel. THE BUYER IS RESPONSIBLE FOR EXAMINING, NOTING AND PHOTOGRAPHING ANY NOTICABLE DAMAGE TO PALLET OR PACKAGING BEFORE ACCEPTING A DELIVERY.
THE SELLER IS NEITHER RESPONSIBLE, NOR LIABLE, FOR MATERIAL DAMAGED IN TRANSIT THAT HAS BEEN ARRANGED FOR BY BUYER OR HAS BEEN SHIPPED COLLECT UNDER BUYER'S CARRIER ACCOUNT. The Seller's vendors and/or suppliers make EVERY effort to supply Buyer with documentation to support a claim they may need to make against their own carrier.
10.5 AFTER ACCEPTING DELIVERY
INSPECT ALL PRODUCTS IMMEDIATELY UPON ARRIVAL. IN THE UNLIKELY EVENT THE BUYER RECEIVES MATERIAL THAT APPEARS DEFECTIVE OR DIFFERENT FROM MATERIAL ORDERED IN BUYER'S PURHCASE ORDER, IT MUST BE REPORTED TO THE SELLER UPON ACCEPTING DELIVERY. Seller is to be notified of any material or manufacturing defect immediately after delivery. Any requests by Buyer for Seller to consider return or replacement must be made within two working days of material delivery.
10.6 Return of damaged good see section 12 below.
11. CANCELLATION POLICY
11.2 Special Orders: NO CANCELLATIONS ARE CONSIDERED FOR SPECIAL ORDERS ONCE ACCEPTED INTO A PRODUCTION SCHEDULE. Buyer incurs any and all charges associated with related time and/or materials procured by the Seller and/or its suppliers solely for Buyer's special order.
12. RETURN AND REFUND POLICY
12.1 Seller has an ABSOLUTELY NO REFUNDS OR EXCHANGES, NO EXCEPTIONS policy. ALL SALES ARE FINAL.. Seller reserves right to modify this policy based on order category and special circumstances.
12.2 The following is an inexhaustive list of aspects of the manufacturing process which are not deemed cause for rejection of material. This list includes, but is not limited to: odor, color variation, visible seems in rubber or adhered material, any bleed-through to adhered material and thickness or size tolerances within standard industry deviation. Rubber has its own natural odor and color.
12.3 Concerns by Buyer regarding material perceived to be defective, or in any way different from material ordered in Buyer's purchase order, will be reviewed by Seller and its Suppliers. (See section 10.4 and 10.5 above)
12.4 For credit or refund to be issued on any product accepted for return back to manufacturer, the material must be received back at the US plant of its shipping origin in its original packaging, protected from damage and sent within two business days of receipt of approval for the return. Manufactrer will issue an RA (Return Authorization) number. A tracking number for the return must be sent to Production Rubber, LLC at within one day of approval to return material.
12.5 In the event of material approved for return, an appropriate refund or credit will be issued to the Buyer. Any refunds or credits are issued in accordance with Seller's Supplier's return policy. No refunds will be issued on product determined to have been damaged in transit by customer contracted carrier.
13. CATEGORIES OF ORDERS
#1) Standard products: identified as materials typically stocked and sold on a first come first served basis.
#2) Special order products: identified as material specially produced or procurred rspecifically for Buyer,
14.1 Any dispute that may arise from the sale of product or service, either from this web site, or Production Rubber, LLC in general will be governed by the complete laws of the State of Vermont. Any dispute will be heard and is subject solely to jurisdiction of Federal and State courts located in the state of Vermont.
14.2 Should the Seller transfer a potential Buyer's contact information and/or project to one of its suppliers or vendors due to logistics, size or scope of project, and the Buyer purchases product from Sellers supplier or vendor, the Sellers supplier's or vendor's terms and conditions now apply, and you, the Buyer, hold Production Rubber LLC harmless from any and all liability from loss of any kind resulting from any dispute between the Buyer and the Seller's supplier or vendor. Any problems or questions that arise between you, the Buyer, and the Sellers supplier or vendor become the Buyer's responsibility to resolve with the Seller's supplier or vendor. Production Rubber LLC is held harmless in any and all actions between its suppliers and/or vendors and the Buyer.
14.3 The Seller is held harmless from any dispute that may arise from the Seller's recommendation to the Buyer of any particular vendor or supplier whether or not a commission from the sale is received by the Seller.
15.1 It is the responsibility of the Buyer to certify that all copy and artwork supplied to the Seller for review or use by the Seller or any of its vendors or suppliers meets any and all Copyright laws, and laws governing use of materials in the United States of America and worldwide. By sending artwork, photography, copy or any other part of a project to the Seller for reproduction Buyer agrees that all Copyright laws and permissions are in force for such materials and holds Seller harmless for any and all legal action and costs associated with any infringement whether known or unknown by the Seller..
15.2 Downloading, storing and/or changing information herein, or any information or images on this Seller's web sites, is strictly prohibited.
16. WARRANTIES AND GUARANTIES
16.1 Any information discussed or given either in writing, by telephone, or electronically submitted to you, the Buyer, or to a representative for the Buyer, is purely and solely the Seller's opinion and is not intended to be followed up on or attempted by the Buyer. It is the Buyer's responsibility to test all theories, processes, and legalities and accept their eventual outcome. No warranties, warranties of performance, and no guaranties of any kind are either expressed or implied. The Buyer takes full responsibility for all product performance, use and application and holds the Seller harmless from losses such as, but not limited to: personal injury, loss of work, time, income, or machinery damage.
16.2 ALL SALES FINAL. NO REFUNDS OR EXCHANGES!!! INSPECT ALL PRODUCTS UPON ARRIVAL AND TEST ALL PRODUCTS BEFORE USE!! The maximum liability of the Seller will be the refund of the Buyer's deposit, less any real expense such as, shipping and handling charges for items or samples ordered. See above for cancellation and refund policy.
16.3 All products must be inspected upon arrival. If any defects are detected the material shall not be used and Buyer must notify Seller immediately. If Buyer uses the material it means the Buyer has unequivocally accepted the same. No claim of any kind shall be made after the acceptance of the material by the Buyer. Any claim made shall be no greater in amount than the purchase price of the material in respect of which such claim is made. Buyer's acceptance of the product is full acceptance of all terms and conditions.
The Sellers terms and conditions stated herein, together with any order acknowledge or invoice, itemizing the purchased products, represent the complete agreement and understanding of the parties with respect to the goods purchased, and supersede any and all other agreements, representations or understandings. These terms and conditions may not be waived or modified except by a written agreement signed by both parties.
Copyright (C)2004-2019 Production Rubber, LLC. All rights reserved