Production Rubber, LLC TERMS AND CONDITIONS Please note: Production Rubber LLC and productionrubber.com is herein known as the Seller and you, the customer, as the Buyer. 1. GENERAL INFORMATION All sales are final, absolutely no refunds or exchangesn no warrantees, no guarantees. Your order or contact to us is deemed full agreement with our terms and conditions stated herein. Before requesting samples or pricing, placing an order, or sending e-mail(s), please review the following, as your request and/or order is deemed full agreement with the Seller's complete terms and conditions: 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 supercede any and all terms and conditions of any other party including The Purchaser. Your Purchase Order to us 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 in any correspondes 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 or purchased from the Seller. 1.8 All information herein, whether stated, implied, or omitted in e-mail, 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 merely 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. SECURITY 2.1 Consent to Transfer Electronic Data ProductionRubber.com is operated in the United States of America. If you are located outside the United States of America, please be aware that any information you provide to Production Rubber LLC (herein known as the Seller) through its website will be transferred to the United States of America. By using this web site and participating in any of the Seller's services, or providing the Seller with any information, you (herein known as the Buyer) consent to this transfer. 2.2 The Seller does not accept confidential e-mail(s) that contains proprietary information, clauses, images or drawings, unless the Seller gives prior permission and the Buyer's email is accompanied by a written legal document release stating that the image or information can be shared legally with the Seller, its suppliers and 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. 2.3 The Seller does not sign any non-disclosure statements. 2.4 SECURITY: The Seller DOES NOT GUARANTEE that any data transmitted to us or from us electronically or otherwise will be secure. The Sellers web site and email clients are not secure. PLEASE NOTE: ProductionRubber.com and its email 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 emails received with disclaimers are also subject to the conditions as stated in this paragraph. 2.5 Any inappropriate request(s) or e-mail(s) 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 device is not guaranteed or insured by the Seller for any damage or loss of any kind. The Buyer stores information at this Seller's site(s) (or off-site in our computer) AT THE BUYER's OWN RISK. Any lost information that needs to be 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. 2.9 The Seller does not accept confidential or classified e-mail. If you send confidential or classified e-mail and the Seller receives it, its security and confidentiality is not guaranteed and the Seller is held harmless against any action by any party involved, and is subject to these terms and conditions. 3. REQUESTS FOR PRICING 3.1 Requests for estimates are considered through use of the Contact Form on www.productionrubber.com. Requests submitted without complete business contact information will be deleted with no return contact. 3.2 The Seller's and any of their 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 email 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 e-mails that contain proprietary information, clauses, images or drawings, unless the Buyer gives prior written permission stating that the image or information can be shared legally with the Seller, its suppliers and manufacturers and any parties of interested in the project . The Buyer holds the Seller harmless in the dissemination of the Buyer's released, supplied information to the Seller's suppliers and or vendors. 3.6 To consider providing an estimate the Seller may request from the Buyer the following information: application, material, thickness and size specification, quantity, expected lead time. 4. SAMPLES IMPORTANT! Seller recommends testing samples of any material prior to ordering. 4.1 STANDARD MOUSE PAD SIZE samples or smaller within continental United States* 4.1a one pad per product, color or thickness is free for stock material when shipped under Buyer's UPS(R) or FedEx(R) account * 4.1b without a valid and/or verifiable shipper account provided: $25.00 minimum charge for up to two mouse pad size samples, plus $10.00 per pad for three or more for GROUND shipping. We do not use the USPS for shipping product. 4.1c subsequent sample requests will incur a material charge in addition to shipping 4.2 SPECIAL ORDER SAMPLES for custom-cut testing material: 4.2a requests for custom cut sample material other than standard size mouse pads are estimated based on material, size and thickness requested. 4.2b minimum order charge for cut samples is $50. plus shipping 4.2c shipping is under customer UPS(R) or FedEx(R) account depending on material.* 4.2d without shipper account information delivery charge will be calculated by Seller.* 4.2e Buyer arranges shipping to outside continental United States. 4.2f SHIPPING SERVICE CHARGE: If the Seller handles the shipping for the Buyer, the 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. 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 guarantees. 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 major credit cards (Visa(R), Master Card(R), American Express(R) and Discover(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, your order will be added to the production list, and when the minimum for this material is reached by a combining of orders, customer'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 customer's order. 5.10 IMPORTANT! PLAN FOR CONTINGENCIES! BUILD DELAYS INTO YOUR PRODUCTION SCHEDULE. Neither the Seller, nor any of its vendor suppliers, transportation carriers or any other contracted vendor can be held responsible for production delays due to material shortage, material defect, equipment breakdown, labor shortage, weather-related delays and any human illness or error. 5.11 All pricing, if needed, will be adjusted to meet current cost criteria. The Seller and/or their suppliers retain the right to cancel any and all orders without penalty. 5.12 SHIPPING SERVICE CHARGE: If we coordinate the shipping for you , The Customer (as you will indicated on your Purchase Order to us, The Seller) , 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. 6. BILLING/PAYMENT 6.1 Invoices are electronically issued by the Seller at time of accepted Purchase Order from Buyer and are due upon receipt. Payments are processed and receipts sent to Buyer via email attachment or fax. *Please note: 6.2 Payment options for sales in USA and Canada 6.2a. for invoices up to $5,000.00 USD - major credit card - company check (order processed at time of check clearing). Returned check fee: $35.00. No personal checks accepted 6.2b. for invoices over $5,000.00 - bank check (order processed at time of check clearing) - wire transfer (incurs $50.00 service fee) (order processed at time of transfer clearing in Seller's bank account) 6.2c. for international sales other than Canada - wire transfer in USD only (incurs $50.00 service fee) (order processed at time of transfer clearing in Seller's bank account) 6.3 Overrun or underrun of 10% is acceptable for custom pad orders. Adjustments will be made after run. Buyer will be notified of payment due or credit. Invoice or refund will be issued accordingly. 6.4 Application for Credit with Seller A Credit Application can be requested at any time, but will be reviewed after a customer's third completed purchase from the Seller. Amount of Credit that may be extended is based on the results from processing the customer's credit application and credit limits are determined at the Seller's discretion. Customers with approved credit applications have terms of Net 15 days of Invoice payable by wire transfer ($50.00 fee) or bank check. Customers with credit automatically revert to pre-payment plan upon one past due invoice. 6.5 By submitting credit application you authorize the Seller to make inquiries into the banking and business/trade references that you have supplied. 6.6 Credit is not extended on any special or custom order. Special and custom orders must be pre-paid at time of Purchase Order. For customers with approved credit: the Seller retains discretion to offer 50% deposit due at purchase order with balance due at job completion and prior to shipping. See sections 6.2a, b and c for payment options and conditions. 6.7 Special Orders A Special Order is defined as any product that is not a stocked item that is ready-to-ship off the shelf. Credit card information is due at time of Purchase Order and must include authorization to process card for payment in full when a run date is determined. 6.8 Overdue invoices will incur a 1.5% per month (18% annual) on the unpaid balance on accounts over 15 days for credit card payments and over 30 days for payments by check. Customers with approved credit will automatically revert to pre-payment plan upon any overdue invoice. Check payments are expected in our hands before 30days from invoice date. Overdue invoices past 60 days will be turned over to the Seller's attorney or a collection agency. 6.9 Production Rubber LLC does not collect sales or use tax in states other than in Vermont. However, because this purchase is made over the Internet or by other remote means, your purchase is not exempt from the use tax in the state where you reside. Most states require residents to pay the use tax to the state tax authorities. For more information and the appropriate forms and instructions, please visit your state's Web site. 7. DELIVERY7.1 The Seller will make every effort on behalf of the customer to meet specified dead lines. 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. 7.2 Quantity of plus or minus 10% or order constitutes an acceptable delivery. 7.3 DELAYS: The Seller shall not be held liable for any delays, failure to complete an order, defaulting on any order or any contract due to items beyond our control such as: acts of God, strikes, floods, fires, transportation issues (such as no transportation available, breakdown in transit or any accident or other circumstance beyond the control of the Seller or its vendors or suppliers). 7.4 IMPORTANT! TEST ALL PRODUCTS BEFORE USE! Neither the Seller, nor its suppliers, nor its vendors or manufacturers have any control over the application of the material to, or as part of, the final product, and therefore, the Seller and its suppliers and manufacturers make NO EXPRESSED OR IMPLIED WARRANTY OF USE, RESULT, FITNESS OR MERCHANTABILITY. It is you, 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(IES) 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. 7.5 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. 8. INSPECTION OF MATERIALS 8.1 INSPECT ALL PRODUCTS UPON ARRIVAL. Seller is to be notified of any material or manufacturing defect immediately after delivery. Any requests by Buyer for Seller to consider refund or replacement must be made within two working days of material delivery. 8.2 Return of damaged good see section 10.4 below. 9. CANCELLATION POLICY 9.1 Standard stock item orders cancelled prior to shipping incur a cancellation charge of $25.00 per roll / $5.00 sheet which will be deducted from payment refund.
9.2 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. 10. RETURN AND REFUND POLICY 10.1 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. 10.2 Odor or color variation is not a refundable condition. Rubber has its own natural order and can vary from the area where the tree is grown and the growing conditions. 10.3 CATEGORIES OF ORDERS #1) Standard rolls or sheets: material usually on shelf or has a frequent production schedule #2) Non-stock rolls or sheets: standard products that may incur extended production lead time #3) Special order rolls or sheets: No cancellations, returns, exchanges; #4) Custom Order Sales: No cancellations, returns, exchanges on For Categories #1 and #2 above, if cancellation or refund is requested by Buyer, approval of request to cancel or refund order is solely determined and dependent upon the approval by the Seller's supplier or vendor. If cancellation is accepted by the Seller's supplier or vendor, it is only on the condition that the Buyer pays for all return shipping costs and that the Seller (Production Rubber, LLC) be reimbursed for any and all losses, damages, a $25.00 per roll / $5.00 per sheet cancellation return charge, any other expense, plus original delivery cost(s) incurred for the order, as well as any charges from the Seller's supplier or vendor. 10.4 Any product accepted for return 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 return. A tracking number for return must be sent to Production Rubber, LLC at sales@productionrubber.com within one day of returned shipment. 10.5 Product that is assessed by Buyer as damaged must be returned to manufacturer at Buyer's expense within time frame above for inspection by manufacturer for damage assessment. If product is assesed as damaged, and return of product is approved, 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 that has been shipped to and from manufacturer under Buyer's carrier account. 11. DISPUTES 11.1 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. 11.2 Should the Seller transfer a potential customer's contact information and/or project to one of their suppliers or vendors due to logistics, size or scope of project, and the customer purchases product from said supplier or vendor, the 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 with the supplier or vendor. Any problems or questions that arise between you, the Buyer, and the supplier or vendor become the Buyer's responsibility to resolve with the supplier or vendor. Production Rubber LLC is held harmless in any and all actions between suppliers or vendors and the customer. 11.3 The Seller is held harmless from any dispute that may arise from the Seller's recommendation to you of any particular vendors or supplier whether or not a commission from the sale is received by the Seller. 12. PERMISSIONS 12.1 It is the responsibility of the customer 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. 12.2 Downloading, storing and/or changing information herein, or any information or images on this Seller's web sites, is strictly prohibited. 13. WARRANTIES 13.1 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 our opinion and is not intended to be followed up on or attempted. It is your responsibility to test all theories, processes, and legalities and accept their eventual outcome. No warranties, warranties of performance, and no guarantees of any kind are neither stated nor implied. The Buyer takes full responsibility for all product performance, use and application and holds Production Rubber, LLC, our suppliers and manufacturers harmless from injury, loss of work, time, income, or machinery damage. 13.2 ALL SALES FINAL. NO REFUNDS OR EXCHANGES !!I 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. 13.3 All products must be inspected upon arrival. If any defects are detected the material shall not be used and you must notify the Seller immediately. If the Buyer uses the material it means the Buyer has unequivocally accepted the same. No claim can 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. Your acceptance of the product is full acceptance of all terms and conditions.. 14. CLOSING 14.1 The terms and conditions stated herein, together with any purchase order, and/or invoice itemizing the purchased products, represent the complete agreement and understanding of the parties with respect to the goods purchased, and supercede 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. Back to home page Copyright (C) 2013 Production Rubber, LLC. All rights reserved |