The following Terms and Conditions
shall apply to each order here-after placed by Buyer with accepted by VIP
Prices are F.O.B. factory of VIP Rubber Company,
hereafter known as the Company, at La Habra, California. Quotations and prices
are subject to change without notice and all acceptances of a quotation are
subject to the future credit approval of the Buyer.
Prices quoted do not include any
applicable sales, use, excise, transportation, or otherwise required tax which
may be imposed by any governmental authority. All such taxes so paid or imposed
shall be in addition to the price quoted.
Should any of the provisions of these
terms and conditions be contrary to or in conflict or inconsistent with any
like or similar terms and conditions contained in any other agreement between
Company and Buyer, and whenever executed, including any purchase order of Buyer
or acknowledgement thereof by the Company, the provisions hereof shall be
controlling and shall supersede such conflicting terms and conditions contained
in such other agreement. The terms and conditions hereof cannot be changed or
altered in any way except in writing signed by a duly authorized corporate
officer of Company.
If a specific shipping date (excluding an
estimated date) is not designated on the face hereof or in a subsequent
correspondence between Buyer and the Company, the Company shall not be liable
for any delays in filling this order. If a specific shipping date is designed
either on the face hereof or subsequently by Company, Company shall not be
liable for any delays in filling this order caused by (a) accidents to
machinery, differences with workmen, strikes, labor shortages, fire, floods,
priorities, required or requested by the Federal or any State Government or any
subdivision or agency thereof or granted for the benefit, directly or indirectly,
of any of them, delays in transportation or lack of transportation facilities,
restrictions imposed by Federal or State legislation or rules or regulations
there under, war, acts of war, sabotage, acts of God, or (b) any cause beyond
the control of the Company. In the event Company is liable for any delays in
filling this order hereunder, Company’s liability shall be and is limited to
the difference, if any, between cost to Buyer of obtaining the merchandise from
any other regular manufacturer and the price to be paid Company therefore by
ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE
AGREEMENT. COMPANY DISCLAIMS ANY
WARRANTY EXPRESSED OR IMPLIED THAT THE GOODS ARE MERCHANTABLE OR FIT FOR A
products are not, nor are merchandise ordered herein, warranted or guaranteed
for any specific length of time or measure of service, but are warranted only
to be free from defects in workmanship and material. The products or
merchandise are purchased with the understanding that Company does not
guarantee results. Only those warranties herein set forth shall be deemed to
have been made by Company or relied upon by Buyer. All previous communications,
whether in form of engineering recommendations or otherwise, are effective only
to the extent herein contained.
warranties herein contained shall not apply to ordinary wear and tear or to
Company’s products or merchandise which has been altered or repaired outside of
Company’s plant or which has been subject to neglect, accident, misuse,
excessive deterioration due to corrosion from any cause, or improper operation
said products or merchandise consist of more than one piece, it shall not be
presumed that the whole thereof is defective in material or workmanship because
a part of thereof is so defective. Replacement of all or part of such products
or merchandise by Company hereunder shall not be construed to be an admission
that the piece or pieces, part or parts, so replaced were defective as aforesaid.
Company and Buyer agree
that the sole and exclusive remedies for the breach of any warranty concerning
the products of merchandise are as follows:
Should any of said products or merchandise fail, through defects in
material or workmanship, within sixty
(60) days after date of shipment thereof from Company’s plant and specific
written complaint relative thereto be filed with Company by Buyer within such
time, Company will make such repair, free of charge to Buyer as may be required
because of defective material or workmanship, or, if such repairs cannot be
made, Company will replace such defective products or merchandise, free of
charge to Buyer, provided that the same be brought to Company’s plant within
sixty (60) days after date of shipment thereof from Company’s plant as aforesaid,
or, in lieu of repairing or replacing the same, Company may, at its option
refund the price of such merchandise to Buyer as may have been paid Company
therefore by Buyer. Should Buyer fail to file the aforesaid specific written
complaint and to deliver any defective products or merchandise to Company’s
plant within said sixty (60) days period as foresaid, it shall be conclusively
presumed that such product or merchandise was not defective. Company shall not
be liable for any damage or delays caused by such defective material or
workmanship, direct or consequential or for consequential damages arising out
of or in connection with this sale of goosd, either to Buyer or to Buyer’s
successors, assigns legal representatives, customers, or to any other person,
association, corporation, governmental agency or body politic, it being
expressly understood and agreed that Company’s liability under all guarantees
or warranties expressed or implied, is specifically limited to refunding the
purchase price then paid, or, at Company’s option to the repair, or replacement
at Company’s plant free of charge to Buyer, of merchandise or products that may
be required because of defective workmanship or material upon return thereof to
Company’s plant within (60) days after shipment thereof, as aforesaid.
Consequential damages shall include, without limitation, loss of use, income,
or profit, or losses sustained as the result of injury (including death) to any
person, or loss or damage to property.
above LIMITED WARRANTY is given to
and accepted by Buyer in lieu of any and all other warranties or remedies
expressed or implied. Buyer acknowledges that Buyer is not relying on the
Company’s skill or judgment to select or furnish products or merchandise
suitable for any particular purpose.
is hereby afforded an opportunity by the Company to inspect said products or
merchandise at Company’s plant. La Habra, California, prior to delivery date
terms and conditions are a complete and exclusive statement with respect to
warranties and remedies for breach of warranty between Company and Buyer. These
warranties cannot be verified, supplemented, or qualified or interpreted by any
prior course of dealing between Company and Buyer or by any usage of trade.
These warranties and remedies can only be varied or amended by a writing
executed by Company and Buyer which shall quote the provisions hereof which are
to be amended and the provisions substituted therefore.
Buyer will protect, indemnify and save
Company harmless, and defend Company against, all claims for damages or
profits, and any costs, loss or judgment, arising from infringement of patents,
inventions, designs, copyrights, or trade names, with respect to all goods
manufactured either in whole part to Buyer’s plans and specifications, or from
Buyer’s mold, and Company makes no representation or warranty that such goods
will not infringe outstanding patents or other rights of others.
Prices quoted do not include, unless
otherwise specifically stated, the cost of any dies, jigs, mold or molds, necessary
to manufacture the subject merchandise.
All molds or other
equipment delivered to or held by Company by or for the account of Buyer shall
be held by Company at Buyer’s risk and with the express understanding that unless
removed by Buyer within thirty (30) days after Company’s written notice to
Buyer at Buyer’s last known address, Company may, at its option, use or dispose
of such molds or other equipment in any manner whatsoever, without
responsibility whatsoever to Buyer.
If any such molds or
equipment are lost, damaged or destroyed due to the fault of Company, Company
shall, upon request, pay Owner the then depreciated value or cost thereof,
whichever is lower, or Company will repair or replace the same at Company’s own
expense if further orders which justify such repair or replacement are then
placed with the Company which involve the use of such molds or equipment.
Company shall not be liable for depreciation value or use of said molds or
equipment due to normal wear, tear or use, or damage or destruction by fire or
other casualty, and Company shall not be responsible for replacement or
restoration of the same when the same are no longer capable, due to the above
reasons, of making satisfactory parts.
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
In no event shall VIP Rubber Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on VIP Rubber Company's Internet site, even if VIP Rubber Company or a VIP Rubber Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on VIP Rubber Company's web site could include technical, typographical, or photographic errors. VIP Rubber Company does not warrant that any of the materials on its web site are accurate, complete, or current. VIP Rubber Company may make changes to the materials contained on its web site at any time without notice. VIP Rubber Company does not, however, make any commitment to update the materials.
VIP Rubber Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VIP Rubber Company of the site. Use of any such linked web site is at the user's own risk.
Any claim relating to VIP Rubber Company's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.