RBC TERMS AND CONDITIONS OF SALE

1. These terms and conditions of sale shall control on all sales, including all direct shipment sales arranged by or through Rudolph Bros. & Co. whether or not materials are delivered by or through Rudolph Bros. & Co.

2. On all orders placed for stock, out of stock and special order materials, where the delivery date is delayed due to a manufacturer shipping, or any other error, purchaser agrees to hold Rudolph Bros. & Co. harmless for any delay and agrees to make payment in full for said goods.

3. All goods delivered must be examined and inspected by the purchaser and/or his agent or representative upon receipt. For all materials examined and inspected upon receipt, any claim of shortage and/or damage must be made at time of delivery. When purchaser and/or his agent or representative can not examine and inspect materials upon receipt, any and all claims must be made within three (3) working days. Any claims made after the prescribed time period shall not be honored.

4. Stock materials may be returned, if unopened and in good condition, with purchaser’s account credited subject to a minimum 20% handling fee. All returns are subject to Rudolph Bros. & Co. approval and must be marked with a Return Material Authorization Number provided by Rudolph Bros. & Co. customer service department. Any material returned to Rudolph Bros. & Co. without a RMA number will be refused and returned to shipper. Any additional freight charges incurred is the responsibility of purchaser.

5. Purchaser acknowledges that any and all decisions as to the return of materials are made AT THE SOLE DISCRETION OF RUDOLPH BROS. & CO. AND MAY BE CHANGED OR REVOKED AT ANY TIME WITHOUT NOTICE.
6. Rudolph Bros. & Co. agrees only to replace or repair any and all materials shipped and/or received in a defective condition.

7. Purchaser agrees that his SOLE REMEDY available for any default arising out of a sale and/or use of any and all materials purchased shall be the return of said materials purchased for a full refund. Purchaser acknowledges that no suit will be brought against, or shall include Rudolph Bros. & Co. where either consequential or incidental damages are sought.

8. Any claim or controversy shall be settled either by binding arbitration or by any court of competent jurisdiction in Fairfield County, Ohio. On all disputed matters, purchaser agrees to pay Rudolph Bros. & Co.’s reasonable attorney fees, costs and disbursements.

9. Rudolph Bros. & Co. payment terms are Net within 30 days. Accounts with balances 40 days past due will be placed on credit hold. On all matters referred by Rudolph Bros. & Co. to its attorney for collection, purchaser agrees to pay 30% of the total price or the actual amount billed, whichever is greater, for attorney fees, plus costs and disbursements.

10. PURCHASER AGREES THAT RUDOLPH BROS. & CO. SHALL NOT BE HELD RESPONSIBLE FOR ANY
MANUFACTURER OR SHIPPING DEFECT. Purchaser further agrees to hold Rudolph Bros. & Co. harmless for any manufacturer or shipping defect and for any injury to person or otherwise due to said defects.

11. RBC original Certificates of Conformance/Analysis and those supplied by the manufacturer are considered originals and May not changed or altered in any way. RBC C/C/A and Mfg C/C/A supplied by RBC may not be reproduced in any way without written consent from RBC or the manufacturer.

12. Merchandise supplied by Rudolph Bros & Co. but not of their manufacture is warranted only to the extent of the guarantee given by the original manufacturer. Warranties set forth herein are in lieu of any and all other warranties expressed or implied including the warranties of merchantability and fitness for a particular purpose. The purchaser acknowledges that no other representations were made TO HIM or relied upon by him with respect to the quality and function of the goods herein sold. Any technical advice furnished by Rudolph Bros. & Co. or any representative of Rudolph Bros. & Co. concerning any use or application of any product sold by Rudolph Bros. & Co. is believed to be reliable but Rudolph Bros. & Co. makes no warranty expressed or implied, of results to be obtained. The purchaser assumes all responsibility for loss or damage resulting from the handling or use of any such product. NOTWITHSTANDING OF ANY TERMS WHICH MAY APPEAR ON PURCHASER’S PURCHASE ORDER, RUDOLPH BROS. & CO.’S MERCHANDISE AND SERVICES ARE SOLD ONLY UPON THESE STANDARD TERMS AND CONDITIONS. IN THE EVENT OF A CONFLICT BETWEEN A WRITTEN PROVISION OF A RUDOLPH BROS. & CO. QUOTATION AND A PROVISION OF THESE STANDARD TERMS AND CONDITIONS, THE QUOTATION SHALL APPLY.

13. TITLE FOR ALL GOODS AND/OR MATERIALS REMAINS WITH RUDOLPH BROS. & CO. UNTIL PAID FOR IN FULL BY THE PURCHASER. Should purchaser take action under Title II of the United States Code, or take any other action to avoid making payment in full, purchaser agrees to promptly return any materials, still within shelf life as specified by the manufacturer, not paid for in full. Purchaser agrees to keep the materials fully insured until paid for in full.

14. The RISK OF LOSS of any goods and/or materials shall pass to the purchaser F.O.B. CANAL WINCHESTER, OH.

15. Purchaser agrees to save and hold harmless Rudolph Bros. & Co. for any delay in delivery of materials due to inclement weather, or for any other reason.

16. Purchaser agrees that any account 30 days past due shall be charged at 1 ½% per month interest on the unpaid balance (18% per annum).

17. PURCHASER ACKNOWLEDGES THAT HE HAS READ AND AGREES TO ALL OF THE ABOVE TERMS AND CONDITIONS OF SALE AND THAT WITH REGARD TO ANY DISCREPANCY BETWEEN THESE TERMS AND THE TERMS OF SALE FOUND ON ANY OTHER COMPANY DOCUMENTS, THESE TERMS SHALL CONTROL AND SHALL BE DEEMED TO BE INCORPORATED BY REFERENCE AND BECOME PART OF ALL INVOICES ISSUED TO PURCHASER.

6550 Oley Speaks Way, Canal Winchester, OH 43110 Phone (614)833-0707 Fax 1-800-600-9508