Terms & Conditions of Sale

Products purchased from PRP Industries, Inc. are subject to and include the following terms and conditions.

1. ACCEPTANCE OF ORDER - PRP Industries, Inc. will acknowledge receipt of and accept all purchase orders under the following terms and conditions. No modifications of or exceptions to any of the terms, conditions or provisions of an order by Buyer shall be of any effect unless and until accepted in writing by PRP Industries, Inc. Acceptance by Buyer of a Sales Order Acknowledgment shall be construed as acceptance of all terms, conditions and provisions thereof.
2. CHANGES IN AN ORDER - Neither cancellation of a Sales Order nor deterred delivery of goods, completed or in process, beyond the Sales Order Acknowledgment date is allowed without PRP Industries, Inc. express written consent and then only upon terms which will indemnify PRP Industries, Inc. against loss. PRP Industries, Inc. reserves the right to reschedule shipping date or dates and serve notice of same in writing.
3. PRICE - Prices will be those in effect at time of shipment unless otherwise noted on quotation. Prices are subject to change without notice: however, PRP Industries, Inc. will attempt to notify Buyer in advance of any price change. Attached prices do not include surtaxes, tariffs, surcharges or duties, taxes and freight, which are Buyer’s responsibility.
4. TERMS - Regular terms of sale are net 15 days from date of shipment. PRP Industries, Inc. reserves the right to withhold open account terms and to require payment pursuant to a secured transaction, letter of credit other means in PRP Industries, Inc. sole discretion. A 1½% (18% per annum) service charge will be applied to past due invoices at the end of each month. After delivery of products to the carrier at PRP Industries, Inc. plant, all risk of loss, damage, destruction or delay in transportation of the products shall be borne by Buyer.
5. PRODUCT COLOR - PRP Industries, Inc. makes no claims or warranties against color and gloss retention, fading, yellowing or matching of specific colors with any of its anti-corrosive products.
6. PRODUCT USE - Buyer acknowledges they have read and understand the application instructions for products being used and failure to follow such instructions may alter performance of products. All products sold to Buyer by PRP Industries, Inc. are for Buyers sole use and may not be redistributed in any form.
7. DELIVERIES - PRP Industries, Inc. assumes no responsibility for delay in shipping caused by war, fire, accident, labor disputes, floods or other causes beyond its control. PRP Industries, Inc. may suspend delivery under this or any other order upon default in any payment or if Buyer’s financial condition becomes unsatisfactory to PRP Industries, Inc., until such time as the default is cured or Buyer provides assurances satisfactory to PRP Industries, Inc.
8. INSPECTION - Buyer agrees to inspect products at the time of actual receipt of products and to notify PRP Industries, Inc. within 15 days from such time if material is not in accordance with the specifications, instructions or other data supplied by PRP Industries, Inc. No claims for damages or expense involved in using PRP Industries, Inc. products or materials will be accepted after this time. Materials proven defective to the satisfaction of PRP Industries, Inc. on account of workmanship will be replaced or credit allowed at PRP Industries, Inc. Materials returned without PRP Industries, Inc. permission will not be accepted for replacement credit.
9. WARRANTY: LIMITATIONS OF LIABILITY - PRP Industries, Inc. warrants the products sold by it to be free from defects in workmanship, upon delivery. PRP Industries, Inc. warranty does not apply to any goods damaged during shipment. These claims must be filed with carrier. If any products sold by PRP Industries, Inc. are found to be defective upon inspection after shipment, the products may be returned at sender’s cost to PRP Industries, Inc. plant. PRP Industries, Inc will repair or replace, at its sole option, the defective products subject to the following conditions:
   
       (a) PRP Industries, Inc. is notified of defect, in writing,
            within 15 days of receipt of product;
       (b) The product is returned to PRP Industries, Inc. at
            sender’s expense;
       (c) The product has not been altered, except by written
            authorization of PRP Industries, Inc.;
       (d) PRP Industries, Inc. determines that the defect is the
            result of poor workmanship.
   
   The foregoing limited warranty constitutes the entire obligation of PRP Industries, Inc., with respect to any products sold by PRP Industries, Inc. and is limited to the purchase price of the defective product. NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE GIVEN AND ALL SUCH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. In no event shall PRP Industries, Inc. be liable for any consequential, indirect, incidental or special damages of any nature whatsoever arising from the sale or use of its products. PRP Industries, Inc. shall have no further liability or obligation whatsoever to any distributor or any other person or entity with respect to PRP Industries, Inc. products other than the obligations expressly set forth above.
10. GOVERNING LAW - This transaction and its formation, operation and performance shall be governed, construed, performed and enforced in accordance with the substantive laws of the State of Michigan, USA.
11. STORAGE - If Buyer requests postponement of delivery beyond the scheduled shipping date, PRP Industries, Inc. may transfer the products to storage for Buyer’s account and at Buyer’s risk and expense. Such transfer shall be deemed delivery to Buyer for all purposes, including invoicing and payment.
12. ACCEPTANCE OF BUYER - Acceptance of Buyer of a Sales Order Acknowledgment shall be construed as acceptance of all of the aforementioned terms and conditions.
13. All prices are for standard items and effective as of the date of invoice.