Prices quoted shall be good only for the order for which the prices are quoted, and are not guaranteed for any future orders. RAI agrees to deliver the product quantity at the price quoted plus actual shipping costs to location specified by Purchaser. Additionally, if any sales taxes are applicable, same will be added to purchase price and paid by Purchaser.
RAI shall not be liable for failure to deliver the goods ordered if such failure is caused by labor disputes, strikes, acts of war, riot or insurrection, embargo, fire, flood or any other act of God beyond RAI’s control. In such event, Purchaser shall have the option of canceling any undelivered orders. Otherwise, RAI agrees to ship all orders as quickly as possible allowing for proper manufacture and packaging. Purchasers requiring special delivery conditions or working with limited time frames should advise RAI at time of order and make the appropriate arrangements for special shipping, if possible. RAI shall not be responsible for failure to deliver the product under any special conditions unless previously advised by Purchaser.
RAI warrants that all materials used in products manufactured by RAI are traceable to their original source and meet customer dictated certifications, free from defects. This warranty shall be void if the product is improperly installed. Warranties concerning installation are to be provided by installers. Warranty is also void if products of RAI are conjoined with refractory anchoring hardware produced by other manufacturers. If any product manufactured by RAI is modified after it leaves RAI’s control, or any portion thereof is combined with any refractory anchoring hardware manufactured by any other party, in whole or in part, then the entire RAI warranty is void. If any specifications, statements, technical information or recommendations have been given by RAI, they are based on information supplied by purchaser, and are not guaranteed. The purchaser is advised to conduct its own tests to determine suitability of product for the purchaser’s particular purpose.
The obligation of RAI shall only be to replace such quantity of the product as is proven to be defective, and RAI shall not be liable for injury, loss or damage, direct or consequential, arising out of the use or the inability to use, or handling of the product, or its failure while in use.
RAI provides no engineering services, but has sold this product solely at the request of purchaser, and purchaser assumes all responsibility for its proper use and application. No implied warranty of fitness is given and purchaser assumes all responsibility for proper use and installation of the product. Any product found to be defective must be returned prior to installation, if the defect was discovered before the product was installed. Any legal action brought to enforce this warranty must be brought in District Court, in Tulsa County, State of Oklahoma.
Both parties agree that the terms and conditions of all purchases of RAI products are confidential, and the terms and conditions of the sale, the products and any other information related by either party shall not be disclosed to any third parties. This includes all RAI information regarding pricing, which Purchaser shall keep confidential and not disclose to anyone outside of its own employees.
No oral arrangements or agreements between the parties shall be binding unless reduced to writing, or contained within the terms of the Purchase Order accompanying Purchaser’s shipment. The rights and obligations of either party to any sale agreement may not be assigned by either party without the express written consent of the other party. Any purported assignment in violation of these terms will be null and void and of no force or effect. All sales and shipments by RAI shall be governed by the laws of the State of Oklahoma; and jurisdiction and venue shall remain with the State of Oklahoma, regardless of the shipment’s ultimate destination.
