RDM equipment company, inc. terms and conditions of sale
1. Terms and Conditions of Sale. This transaction is by and between RDM Equipment Company, Inc., (“RDM”), and the Customer (“Buyer”). RDM will sell, transfer, and deliver to Buyer the Oil & Gas drilling, production and industrial equipment or products purchased by Buyer (“Products”) and Buyer will pay RDM all amounts due for the Products.
2. Buyer’s Agreement to Terms and Conditions. Buyer's agreement to these terms and conditions shall be conclusively presumed from Buyer's (a) acceptance of or payment for all or any part of the Products, (b) instructing RDM to ship any of the Products, or (c) taking any other action evidencing Buyer's acceptance of the benefits of the agreement between the parties. RDM may commence performance in reliance upon Buyer's acceptance of these terms and conditions, and RDM will not be obligated to fulfill an order or request for the Products unless RDM affirmatively acknowledges the order. Buyer and RDM agree that these terms and conditions are accepted in good faith by both parties as the controlling and final terms and conditions.
3. Price Terms. All prices and specifications quoted, whether in writing or orally, are subject to change by RDM upon notice to Buyer. A charge of 1.5% per month (18% annual percentage rate) will be charged on all past-due amounts owed by Buyer to RDM where permitted by applicable state and federal law. RDM shall be entitled to attorney fees if it becomes necessary to take legal action to receive payment.
4. Shipping. RDM shall cause the Products to be delivered either by a third party or by RDM. In the event that the Products are delivered by a third party, Buyer shall be responsible for all shipping costs.
5. Cancellation and Return. RDM reserves the right to charge a cancellation and restocking fee in the event that Buyer wishes to cancel an order or return any Products. It is in RDM’s full discretion whether to accept returned products or honor cancelled orders.
6. Pass-Through Warranty. RDM shall, to the extent practicable and permissible, pass through to Buyer the manufacturer’s warranty for the Products. RDM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS AND THE PRODUCTS ARE PROVIDED BY RDM ON AN "AS IS" AND "AS AVAILABLE" BASIS. Any remedy for breach of warranty or for any other relief not directly arising out of RDM’s acts or omissions shall be asserted against the manufacturer and not against RDM.
7. Governing Law. This Agreement shall be governed and construed in all respects in accordance with the laws of the state of Ohio without regard to conflict of laws provisions thereof. Any dispute shall be decided by the Common Pleas Court of Wayne County, Ohio, or the United States District Court for the Northern District of Ohio.
8. Amendment; Waiver. These terms shall not be amended without a further written communication from RDM specifically referring to and amending these terms. RDM’s waiver of one or more terms shall not be construed as a prospective waiver of the same or any other term.
Effective May 1, 2019