Terms and Conditions
1) Sales Order: This Agreement hereby incorporates any “terms and conditions” at the bottom of the printed or electronic Sales Order for any and all products ordered and purchased by Customer from Ryonet. The Agreement consists of both the sales order and these general terms and conditions.
2) Effective date of this agreement: This Agreement becomes effective upon the verbal or electronic submitting of the Sales Order.
3) Payment: All payments shall be due based on the terms reference at top of Sales Order. Any amount not paid when due will bear interest from the due date until paid in full at 1.5% a month or 18% annually.
4) Quality of Products: All ordered products shall be free from material defects not intrinsic in the design or materials specified in the Agreement. All products shall be new unless otherwise specified, of good quality, and free from defects.5) Taxes. Unless expressly stated otherwise, Customer shall be responsible for any and all taxes, including any import duty taxes.
6) Warranties and limitation on liability: All shipments must be inspected within 48 hours from time of delivery. Unless otherwise noted in the product description, Ryonet Corp. has a limited 30-day return policy. The 30-day policy starts on the receipt of your full order. THIS WARRANTY IS GIVEN IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTY OTHERWISE PROVIDED UNDER THE LAWS OF WASHINGTON. In the event of a claim of defective Product workmanship, the notice of the warranty claim must be submitted in writing and must describe the claim in sufficient detail to determine the nature of the problem(s), and must be signed by the Customer. Ryonet makes no warranties whatsoever express or implied, of merchantability or fitness for a particular purpose. No warranties exist beyond the description provided herein. Any and all goods sold under this contract are furnished as is by contract and Customer’s only remedy regarding such goods is limited to any associated manufacturer’s warranty. Ryonet expressly disclaims any and all liability for all physical injuries and any economic, consequential, indirect, incidental, general, direct or punitive damages incurred by Customer or any third party related to the Products, Ryonet’s sale of the Products, the use of the Products and any items produced by the Products that are sold. Customer agrees to indemnify and hold harmless Ryonet and its officers, directors, shareholders, employees, contracts and agents for any such injuries or damages or for any performance issues or problems related to or resulting from use of any products purchased under this Agreement.
7) Installation: Ryonet bears no responsibility for the installation of any products by Customer unless otherwise stated on Sales Order.
8) Default: In the event that Customer fails to make payment in full, Ryonet will have all remedies at law and in equity for said default.9) Notices: Any notice shall be deemed sufficient if sent my first class mail, facsimile or electronic mail to the address of the party given in the agreement.
10) Assignment: Neither this agreement nor any warranty granted herein is assignable without prior written consent of all parties.
11) No Partnership: Nothing contained in this Agreement shall be deemed or interpreted by Customer, Ryonet or any third party as creating a principal-agent relationship, partnership, or joint venture between the Parties.
12) Legally Binding Agreement. This Agreement is the legal, valid, and binding obligation of Customer and Ryonet (each a “Party”), enforceable against each party and its assigns, officers, shareholders, directors and members in accordance with its terms.
13) Act of God and delays: In the event the fulfillment of any customer order is prevented or delayed due to fire, accident, vandalism, natural disaster, theft, labor strikes, material shortage, delay of any governmental agency in issuing any required permit or certificate, or in performing inspections, litigation, or any act of God, fulfillment of the order shall be delayed until a later date and Ryonet shall not be held liable for any damages or expenses incurred by Customer due to the delay in order fulfillment.
14) Interpretation: Customer will not interpret this contract to construe its terms and conditions against Ryonet.
15) Governing law, venue, waiver of the jury trial and attorney fees: Washington State law governs this Agreement. Venue for any action will take place in the courts of Clark County, Washington. The parties intentionally waive the right of a jury trial. The prevailing party in any legal action, including arbitration, will recover its attorney fees and costs from the other party.
16) Mandatory Arbitration. The parties agree that any dispute between the parties shall be first resolved through binding arbitration in Vancouver, Washington. The parties will share the cost of arbitration equally.
17) Entire agreement: No prior representation: Amendment: This is the entire agreement between the parties. There is no representation past or present, by Ryonet or any person acting for Ryonet, which does not appear herein. Only a writing signed by the parties amending the terms and conditions may amend this Agreement.
18) Severability: Any remaining provisions hereof shall remain in full force and effect.