Shipping Terms and Conditions for R&R Lotion
- Introduction
These Shipping Terms and Conditions (the “Terms”) govern the shipping of all products purchased from R&R Lotion (the “Company”). By placing an order with the Company, you agree to be bound by these Terms.
- Shipping
2.1 All orders for R&R Lotion products are subject to a standard lead-time of 5 Business Days. This lead-time may change due to changes in the purchasing landscape.
2.2 Unless otherwise agreed in writing by R&R Lotion, delivery shall be made and transfer of risk shall take place Ex-Works INCOTERMS 2000 (the “Company’s warehouse”). Carriage of products shall be at the buyer’s own risk. Subject to the Company’s right of stoppage in transit, delivery of the products to the carrier shall constitute delivery to the buyer and title and risk of loss shall thereupon pass to the buyer (the carrier shall not be deemed an agent of the Company). Selection of the Company’s warehouse shall be made solely by the Company.
2.3 Any delivery dates quoted for delivery by the Company are estimates only. The buyer agrees to accept the delivery date for the products as determined by the Company, in the Company’s order acknowledgment form or equivalent document.
2.4 The Company reserves the right to allocate production and deliveries among its various customers at the Company’s sole discretion and under any circumstances.
2.5 In the event of any default by the buyer, the Company may decline to make further shipments or may elect to continue to make shipments notwithstanding such default.
2.6 Orders accepted by the Company are firm and non-cancelable by the buyer except (i) upon the Company’s default which shall not have been corrected within 30 days from the buyer’s notice to such effect or (ii) upon the Company’s written agreement, which shall only be considered on a case by case basis and shall be subject to appropriate indemnification by the buyer for costs and lost profit incurred by the Company.
2.7 Failure to deliver by the due date shall not give the buyer any right to compensation nor impose any responsibility or liability on the Company.
- Returns and Refunds
3.1 Any claim regarding non-conformity of products with specifications will be accepted by the Company only if each of the following three conditions have been met:
3.1.1 The buyer’s claim must be submitted in writing to the Company within one month after delivery date. After such one-month period has expired, all products shall be deemed accepted. After agreement with the Company, the buyer shall return the whole batch of non-accepted products. Each allegedly non-conforming batch of products must be accompanied by the precise reason for rejection and the corresponding test report and proof of purchase;
3.1.2 The return must be made at the buyer’s cost; and
3.1.3 Products must not have been modified or damaged or manipulated for any reason whatsoever.
3.2 In the event that the Company determines that a product is non-conforming, the Company shall, at its option, either replace the product or refund the purchase price of the product.
- Limitation of Liability
4.1 In no event shall the Company be liable to the buyer or any third party for any indirect, incidental, special, or consequential damages, including but not limited to lost profits or revenue, loss of use of the product or any associated equipment, cost of capital, cost of substitute products, facilities, or services, downtime costs, or claims of the buyer’s customers for such damages, whether based on contract, tort, strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damages.
4.2 The Company’s liability to the buyer or any third party for any damages arising out of or in connection with the sale or use of the products shall in no event exceed the purchase price of the products.
4.3 The Company shall not be liable for any damages arising from the use of the products in combination with any other products or in any application or environment not specified in the product documentation.
- Force Majeure
5.1 The Company shall not be liable for any failure to perform its obligations under this agreement if such failure is caused by acts of God, war, civil unrest, government action, natural disasters, or any other causes beyond its reasonable control.
- Governing Law
6.1 This agreement shall be governed by and construed in accordance with the laws of the state of Arizona, without giving effect to any principles of conflicts of law.
- Entire Agreement
7.1 This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether oral or written.
- Contact Information
8.1 For any questions or concerns regarding the above terms and conditions, please contact R&R Lotion at [email protected].
8.2 By placing an order with R&R Lotion, the buyer acknowledges that they have read, understand and agree to be bound by the above terms and conditions.
