RB Design, Inc.
TERMS AND CONDITIONS
Terms and Conditions: Subject to any applicable written override agreement, this contract is entered into by RB Design Inc. (RB Design) and the buyer (Customer) only on the terms and conditions contained herein. Changes not made in writing and executed by RB Design’s authorized representative are invalid. No waiver of any term or provision hereof shall imply a subsequent waiver of the same, or constitute a continuing waiver.
Purchasing Conditions: By placing an order with RB Design, you agree to be bound by the terms and conditions of this Agreement. You declare that you own the rights to the board and files delivered to RB Design. Each of your orders is subject to acceptance by us. We reserve the right to accept or decline any order for any or no reason. Further, RB Design shall have the right to cancel for any reason any orders placed and accepted by RB Design.
Warranty: RB Design warrants to the Customer that the products manufactured will be free of defects in material and workmanship. RB Design will, with reasonable promptness replace or, at its option, repair any products or parts which are defective under this warranty, or at its option issue credit , provided however, that in all cases notice of defect is given to RB Design in writing and within thirty (30) days after delivery. Allegedly defective products must be sent prepaid to RB Design together with a written statement describing in detail the nature of the alleged defect. RB Design shall not be liable for incidental or consequential damages of any nature. The customer’s sole and exclusive remedy shall be the repair or replacement of defective product, whichever RB Design elects to provide. A product shall not be considered defective under this warranty if at delivery it conforms to customer’s specifications. This warranty does not extend to product which has been abused or has been repaired or altered outside of RB Design facilities.
RB Design does not warrant that your use of its internet site will be uninterrupted, that messages or requests will be delivered, or that the operation of the internet site will be error-free or secure. In addition, the security mechanisms implemented by RB Design may have inherent limitations, and you must determine yourself that the internet site sufficiently meets your requirements. RB Design is not responsible for your data whether residing on our or your servers.
RB Design shall not be liable for any direct or indirect damages (including, but not limited to, damages for lost revenue, lost profits, business interruption, lost information or data and computer interruption) or cost of procurement of substitute goods or services arising from the use of products. RB Design will not be responsible or liable to the customer for any delay or failure to perform under this agreement if such delay or failure results from fire, explosion, labor dispute, earthquake, accident, failure of transportation services, failure of telecommunications, epidemic, flood, drought, war, civil commotion, embargo, act of God, any inability to obtain any requisite license or permit, or by reason of any law, regulation, or requirement of any government, or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of RB Design.
If any provision of this Agreement is held to be unenforceable, the balance of this agreement shall remain in effect.
RB Design makes no warranties regarding products manufactured by it as to merchantability, fitness for a particular purpose or warranties against infringement or any patent either express or implied.
Indemnification: Customer shall indemnify, defend, and hold RB Design harmless from and against any and all actions, claims, liabilities, costs, damages, and expenses (including attorney’s fees) for physical damage to or loss of tangible property, for injury or death of any person and for any product recall or retrofit, in each case to the extent arising out of , resulting from or caused by: (a) acts or omissions of RB Design, its employees, agents, and subcontractors, or (b) any defect in design, workmanship, or materials carried out or employed by RB Design or its employees, agents, or subcontractors, or (c)entering upon premises occupied by or under the control of Customer, any of its customers, or suppliers in the course of performing this order, except in each case to the extent that any such damage to or loss of property and injury or death of any person is caused by acts of omissions of Customer, its employees, agents, and subcontractors.
Pricing: In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, RB Design shall have the right to refuse or cancel any orders placed at the incorrect price. RB Design shall inform you via fax, mail or email when orders are refused due to errors.