STATEMENT OF POLICIES AND PROCEDURES
I approve the release of information requested on our company by RPS Corporation.
1. Client shall remit full payment for each order no later than forty-five (45) days after the respective invoice date, and no shipment will be made on credit where any amount owed for previous orders is not fully paid when due. Products and Parts shall be invoiced on their shipment date. Past due amounts are assessed a late charge equal to the lesser of one and one-half percent (1 ˝ %) per month, or the maximum amount allowable in accordance with applicable law. If Client fails to make timely payments on outstanding invoices two (2) times in any four (4) month period, Company may thereafter require prepayment prior to shipment of the Products or Parts.
2. All orders will be FOB Company’s warehouse, with risk of loss, to be Client’s thereafter. Company shall not be liable for loss or damage in transit. Claims for damages or loss to shipments shall be made by Client against the carrier. Shipping costs, including insurance during transit, will be the Client’s responsibility.
3. If any order exceeds current Company supplies, the Company will notify Client by telephone, fax or e mail, that the order is on “back order.” In such event, the Company has neither accepted nor rejected the order for the product(s) on back order, and shall accept and fill such order at a later date (in accordance with the Agreement and these Policies and Procedures) when supplies of the product(s) become available. The Company shall not be liable to Client, Owner or any other person in respect of any failure to fill, in whole or in part, any order.
4. The Company will ship Products by commercial carrier chosen by Client, at Client’s expense.
5. In the event Client claims that Products are defective in any way or not complete (parts or options missing from a shipment), Client must notify the Company in writing; by facsimile or e mail as soon as possible but in any event within ten (10) calendar days of receipt of such Products, giving all reasons why the Products are defective and full identification of the shipment (product number, date, invoice, code, etc.) and the Client may ship the claimed defective Products to the Company. Upon receipt the Company will make the determination if the Products are defective. The Company will replace only Products determined by it to be defective and returned to it by Client in compliance with this paragraph. The Company will ship to the Client the replacement Products and the Company will pay the shipping costs for the replacement Products.
6. Except as set forth in Paragraph 5, Company will not accept any returned goods for credit unless: (a) Client has first obtained Company’s authorization in writing to return such goods, (b) inspection discloses to the satisfaction of Company that the goods are new and in saleable condition, and (c) Client prepays the freight to Company’s designated facility (d) subject to restocking fee at Company’s discretion.