RASCE TERMS & CONDITIONS OF SALE

ACCEPTANCE: All orders issued to RASCE Acoustics are subject to acceptance by an officer of RASCE Acoustics and are not binding unless and until so accepted. Acceptance of an order constitutes a complete and binding contract governed by the laws of the State of Ohio.

PRICES: Prices are subject to change without notice. Orders received after the effective date of catalog price revisions will be accepted at the price in effect at the time the order is received by RASCE Acoustics.

QUOTATION VALIDITY: Quotations are firm for a period of thirty (30) days from the date of the quotation. Orders received after the quotation expires will be rejected unless the purchaser agrees to the price in effect at the time the order is received by RASCE Acoustics.

DEPOSITS: 25% deposit is required on all orders unless otherwise specified.

TAXES: All applicable taxes are the sole responsibility of the buyer. We collect & remit sales tax in states where sales tax is required. If your purchase is tax exempt in those states, you must submit a resale number and a copy of your State Exemption Certificate. We do not collect & remit taxes in any other state. If your purchase is taxable, you must self-assess and remit to your state directly.

RETURNS: Standard Catalog items may be returned, with prior written approval, within 30 days of shipment and are subject to a 30% restocking charge. All returns must be in resalable condition, properly packed and shipped back to the factory with all freight charges prepaid. Custom ordered or fabricated products are not returnable.

CLAIMS for LOSS or DAMAGE: Claims for shortages must be made in writing to RASCE Acoustics and the carrier within (5) days of receipt. Claims for loss or damages in transit must be filed by the buyer with the carrier. The buyer must thoroughly inspect the shipment received immediately upon delivery. Our products are shipped FOB our responsibility and liability for the shipment transfers to the buyer when the carrier signs the freight bill. You must notify the carrier of all damage and loss, even if concealed, within 5 days of delivery. Claims for loss or damage during transit must be made with the carrier – not to RASCE Acoustics. RASCE Acoustics assumes no responsibility for loss or damage to the products during shipment. We are willing to assist in every possible manner to collecting claims for loss or damage, but the responsibility for presenting and collecting claims and the responsibility for loss is with the buyer. If you believe we failed to ship an item or shipped a defective item, you must notify us in writing within 48 hours of delivery.

CANCELLATIONS: Buyer may/can cancel prior to shipment, all, or any portion of an order by giving written notice by certified mail. On receipt of the cancellation notice, work will be stopped as promptly as is reasonably possible, and the buyer will be invoiced for and will pay RASCE Acoustics a cancellation charge computed based on established prices for all completed items. Incomplete items will be invoiced at full cost incurred by RASCE Acoustics plus an additional 35%. All orders are subject to a minimum $ 300.00 cancellation fee. Custom or Engineered orders that are cancelled prior to shipment are subject to the above-referenced cancellation fees plus all engineering and sales costs incurred up to the date of cancellation which may be significant.

DELAYS: Shipment and delivery dates are estimated dates only. RASCE Acoustics shall not be liable for any expenses, loss or damage resulting from delay or prevention of performance caused by fires, floods, Acts of God, strikes, labor disputes, labor shortages, inability to secure materials, equipment or manufacturing facilities, riots, thefts, acts of terrorism, accidents, transportation delays, acts or failure to act of Government or of Buyer, major equipment breakdown, fuel shortages, or any other cause whatsoever whether similar or dissimilar to those enumerated above, beyond the reasonable control of RASCE Acoustics.

WARRANTY: RASCE Acoustics warrants to the original buyer that all products are free from defects in material or workmanship for one (1) year from the date of shipment which is used under normal working conditions. Any product which is portable must be returned to the factory prepaid, and which upon examination appears to RASCE Acoustics’ satisfaction to be defective shall be repaired or replaced at RASCE Acoustics’ sole option.

CONSEQUENTIAL DAMAGES: Notwithstanding any other provision of this contract, in no event shall RASCE Acoustics be liable, whether arising from underperformance of this contract or breach of this contract, tort, including negligence and strict liability, or otherwise, for loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased expense of operation, service interruptions, cost of money, loss of use of capital or revenue, or for any special, incidental or consequential loss or damage. RASCE Acoustics does not accept contracts or purchase agreements with Liquidated Damages.

LIMITATION OF LIABILITY: RASCE Acoustics’ liability on any claim of any kind, including negligence or strict liability, for any loss or damage arising out of or relating to this contract, shall in no case exceed the contract price of the part or parts giving rise to the claim.

GENERAL: The provisions stipulated herein supersede any communication expressed are implied, written or verbal, between the parties thereto, and shall constitute the sole and entire agreement. No modifications shall be made by either party, unless it is in writing and duly accepted by RASCE Acoustics and the buyer, RASCE Acoustics’ failure to object to provisions contained in the buyer’s purchase order or other communications shall not be deemed a waiver of the terms or conditions hereof nor acceptance of such provisions. The buyer assumes all risks and liability for all loss, damage, or injury to person or property resulting from the use of the product purchased. RASCE Acoustics assumes no liability for consequential, special, or incidental damages.