Standard Terms and Conditions of Sale

RM BILTRITE® LLC sells products commercially for multiple applications determined by the Buyer or end-user. Determination of the suitability of the products for the uses and applications of Buyers and end-users shall be the sole responsibility of the Buyer or end-user. Consultation with qualified engineers and testing laboratories is recommended. RM BILTRITE® LLC does not recommend any of its products for any particular use or application. The purchaser or end-user shall assume full responsibility for the adequacy and suitability for the intended use. Rubber products may fail as a result of temperature variances, excessive pressures, abrasion or damaging substances. The wear life of rubber products is limited by the circumstances and conditions of use. Buyer and end-users should regularly inspect the rubber to determine if it should be replaced for operational and safety requirements, to prevent injury or damage to persons and property.

Payment Terms: Net 30 days from date of invoice on approved credit and accounts in current good standing. At our discretion, we may require full or partial payment in advance if Buyer does not qualify for terms or continued terms. A charge of 1.5% per month (or at the highest rate permitted by law) shall be charged on overdue accounts. Credit balances will only be applied to future purchases.

Transportation Policy: All shipments are made FOB Origin, Freight Collect or FOB Origin, Freight Prepaid & Add. Seller will determine the point of shipment, the method of transportation, and the routing of shipment. For Freight Prepaid & Add shipments, Seller reserves the right to determine the most economical shipping method on shipments, and all freight charges shall be added to Buyer invoice. Partial deliveries shall be accepted by the Buyer. Seller does not guarantee any delivery or completion date. Seller shall not be liable or responsible for any loss, damage, expense or charge of any kind, direct or indirect, suffered or incurred by Buyer as a result of such delay. All shipments shall be carefully inspected when received and any claims for freight damage should be noted on the Bill of Lading. Seller shall not be responsible for freight damage and/or concealed damage not reported to the carrier at time of delivery.

Prices/Minimum Order: Minimum order is $500.00. All prices are subject to change without prior notice. All Buyer purchase orders shall be accepted by Seller at time of order. All price pages and catalog weights are approximate and actual shipping weights may vary from these listings. In case of dispute, actual shipping weight will apply. All orders accepted by the Seller are accepted on the understanding that Buyer, by placing the order, has agreed to these Standard Terms and Conditions of Sale, and are part of the Buyer’s order.

Quantity Variance: Due to manufacturing variances, the quantity of goods delivered can be within 10% more or less, of the quantity specified and shall be charged at the unit price. Buyer agrees to accept quantity variances that may differ from the purchase order as described within.

Cancellations: Requests for cancellation or modification for orders from warehouse stock must be submitted in writing and received by Seller at least 2 days prior to shipment. No cancellations or modifications are allowed on direct container shipments. Orders for merchandise produced and/or shipped specifically for a customer cannot be canceled once goods are produced.

Returned Goods: No goods may be returned without Seller’s prior written authorization. Each request for exchange or return shall describe the condition of the goods, and the reasons for the requested return or exchange. Buyer shall request and receive an RMA (Return Merchandise Authorization) number from the Seller before returning any goods. Seller will not accept any returned good shipment without an RMA number attached to the shipment. For return of 1st class goods, Buyer shall pay return transportation costs and a restocking charge of 15%. All return requests shall apply only to warehouse stock products purchased within a six month period. No returns on goods that have been cut, treated, altered, processed, subject to abuse or misuse, or damaged after shipment by Seller. No returns on special orders, made-to-order goods, or custom-cut lengths.

Warranties and Disclaimers: Goods furnished under this agreement shall conform to the description herein. All first quality goods are warranted to be free from defects in material and workmanship at the time of shipment. Seller shall convey good title to buyer. Seller further warrants that the goods sold hereunder do not infringe any valid US patent, and Seller does not warrant, however, that the use of the goods or products made therefrom, either alone or in conjunction with other materials, will not infringe any valid US patent. THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WARRANTIES ARISING FROM COURSE FOR DEALING OR USAGE OF TRADE. SELLER MAKES NO WARRANTY, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ALL PRODUCTS ARE SOLD AND WARRANTED ONLY PURSUANT TO OUR PUBLISHED TERMS AND CONDITIONS OF SALES. WE ARE NOT RESPONSIBLE FOR THE USER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES RESULTING FROM PRODUCT USE OR PROCESSING. IN NO CIRCUMSTANCES WILL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE OF THE GOODS.

Products Suitability and Length of Use: Buyer acknowledges the use of its own knowledge, expertise, skill, experience and judgment in the selection of products(s) and /or in the selection, provision, or designation of any specifications or set of specifications for a product(s) agreed upon by the Buyer and Seller. Buyer acknowledges that Seller shall not be liable for, and Buyer assumes all risk of, inaccurate or unsuitable specifications or information provided, selected or designed by the Buyer. RM BILTRITE® LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SUITABILITY OF MATERIALS FOR A PARTICULAR PURPOSE. BUYERS AND USERS MUST DETERMINE THE SAFETY AND SUITABILITY OF RM BILTRITE® LLC’S PRODUCTS FOR THEIR OWN PURPOSES, AND ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR ALL INJURIES, LOSSES, OR DAMAGES ARISING FROM THE APPLICATION OF THE INFORMATION OR USE OF RM BILTRITE® LLC’S PRODUCTS, WHETHER OR NOT CAUSED BY RM RM BILTRITE® LLC’S NEGLIGENCE OR BASED ON STRICT PRODUCT LIABILITY.

Product Composition and Customer Responsibility: Our rubber products are a proprietary blend of various polymers formulated to meet stated physical characteristics and specifications. The named product polymer is not necessarily the primary polymer representing the highest percentage of the polymer blend. Determination of the suitability of the goods for the uses and applications contemplated by Buyer and others shall be the sole responsibility of the Buyer or user. Please ensure the product meets your application specification before order placement. No guaranty is given with respect to length of service on any particular application. Suggestions or recommendations made by Seller in its product literature concerning uses or applications of the goods are believed to be reliable, but Seller makes no warranty or guaranty of results to be obtained since the conditions of use and application by Buyer and others are beyond Seller’s control. Product specifications are subject to change without notice. In all cases, the website version prevails.

Physical Properties: ASTM basic requirements for physical properties are based on values obtained from standard laboratory test specimens prepared and tested in accordance with the applicable ASTM test methods. Test results from specimens prepared from finished products may not duplicate values obtained from standard test specimens. Per ASTM D2000, Section 7.1, Buyer agrees that when standard test specimens are cut from finished parts in accordance with Practice D3183, a deviation of the up to 10% on tensile strength and elongation values is permissible.

Distributed Products: If Buyer’s order is for or includes goods (“Articles”) made by another manufacturer, Buyer acknowledges that RM BILTRITE® LLC is not the manufacturer of such Articles and therefore RM BILTRITE® LLC makes NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO SUCH ARTICLES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. All Articles made by another manufacturer are warranted only to the extent of the manufacturer’s express warranty to RM BILTRITE® LLC, which RM BILTRITE® LLC will provide at Buyer’s request.

Claim Period and Remedies: Prompt written notice shall be given to Seller of any claim or failure of goods to conform to the warranties hereunder. Should any failure to conform to these warranties appear under normal and proper use within the period of six (6) months from the date of shipment to the Buyer, Seller shall correct such nonconformity, at its option, by repair or replacement of the defective goods or by the refund of the purchase price thereof with due allowances made for the service rendered by the goods returned. In no circumstances shall Buyer commence any action under this Agreement later than one year after receipt of the goods. The remedies provided above are the Buyer’s sole remedies for any failure of Seller to comply with its obligations.

Limitation of Liability: Seller shall not be liable to contract, in tort (including negligence) or otherwise for damage or loss other property, loss of profits or revenue, loss of use of property or equipment, claims of customers of the Buyer, or for any special, indirect, incidental, or consequential damages whatsoever. Under no circumstances shall Seller’s liability exceed the purchase price of the goods in respect of which damages are claimed.

Attorney’s Fees and Venue: In any action to collect amounts due Seller, with respect to sales made to Buyer, arising out of or relating to this Agreement or any such sales, or in which a party seeks an interpretation of this Agreement or asserts it as a defense, the prevailing party shall be entitled to recover attorney’s fees in any amount determined by the Court to be reasonable, as well as such party’s costs of suit. All notices, requests, claims and other communication by Buyer with respect to this Agreement or sales hereunder shall be direct to Seller at its corporate offices located at 8525 Dunwoody Pl, Sandy Springs, GA 30350. Any action brought by Buyer against Seller must be brought in a State or Federal Court located in Fulton County, Georgia, and any action brought in any other locations shall, upon appropriate motion by Seller, be dismissed.

Entire Agreement: This agreement constitutes the complete and final Agreement of sale and purchase of the products specified herein and supersedes all prior contracts and discussions. NO modification hereof shall be effected by the use of purchase order, acknowledgment, acceptance, or other forms that vary with or are additions to the terms and conditions contained herein. No modification shall be effected in any manner other than in writing and signed by Seller.

Governing Law: This contract shall be governed by and construed under the laws of the State of Georgia, USA.