Standard Terms and Conditions of Sale and Service
[1.1] The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
[1.2] All quotations are valid for 30 days unless otherwise specified on the quotation, or by RumTec Solutions LLC in writing.
[1.3] Orders Subject to Change: All quotations/ orders are subject to change due to circumstances outside of our control. Where applicable, any quotations/ orders for manpower, equipment and/or freight, and ground conditions, is based upon the scope of work, dimensions and/or weights available, indicated or implied via e-mail, phone conversation, or observed during a site visit, prior to submission of any quote/ order. Any variation or deviation from these specifications may result in additional costs. Wait time or delays caused by acts of others may result in additional charges. Additional work not included in any quotation/ order, will require a written change order, and may result in additional charges.
[1.4] All quotations are valid for 30 days unless otherwise specified on the quotation, or by RumTec Solutions LLC in writing.
[1.5] RumTec Solutions LLC is not responsible for any damage caused to parking areas or floors that may occur incidental to performance of the
work under any orders.
[1.6] Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can RumTec Solutions LLC become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to RumTec Solutions LLC in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
[1.7] RumTec Solutions LLC undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. RumTec Solutions LLC cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
[1.8] In order for it to be admissible, RumTec Solutions LLC must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
[1.9] All our contractual relations will be governed exclusively by United States law.
[1.10] RumTec Solutions LLC reserves the right to change these standard terms and conditions at any time.
Pre-Owned Equipment Terms and Conditions of Sale
[2.1] Equipment is sold in an "as is" condition. No Warranty is expressed or implied as to the condition, operation, and/or safety of used equipment. This representation is for information only and seller does not guarantee its accuracy. We strongly recommend that you satisfy yourself as to the condition of this equipment by inspecting the machine yourself, or by employing an independent third party to provide you with an inspection report. All Sales Final! Shipping, Installation, Parts, Service and Operation manuals are not included.
Tax Exemption Policy
[3.1] Customers who are exempt from state sales tax must submit a properly executed exemption certificate in order to claim a sales tax exemption. The following are not acceptable forms of documentation for tax free purchases: business license, sales tax permit, sales tax registration, federal tax certificate, or IRS letter stating tax- exempt status.
Credit Card Policy
[4.1] Unless otherwise specified on orders/ invoices, RumTec Solutions LLC accepts credit cards as a method of payment for all customers purchases and/ or balances under $10,000.00.
[4.2] All credit card transactions are subject to a 3% non-refundable processing fee.
Credit Policy
[5.1] RumTec Solutions LLC may choose to extend credit to customers pending an application and credit review. All applications are reviewed by our credit evaluation team. By submitting a credit application, the customer agrees to the RumTec Solutions Standard Terms and Conditions.
[5.2] The RumTec Solutions LLC Credit Evaluation Team defines the requirements for establishing trade credit for new customers and maintaining credit lines and limits for active accounts and returning customers with appropriate payment terms. The credit team also strives to offer optional payment methods to facilitate sales to customers with sub-optimal credit histories. The credit team establishes and maintains credit lines and payment terms for all new and existing customers. Credit is extended to customers who can demonstrate their ability to repay a debt.
[5.3] The parties hereby agree that for so long as a Credit Agreement is in place, Applicant is not required to sign the quotations/ orders. The parties further agree that any purchase order, scope of work, work order, agreement, or similar document issued by Applicant shall be accepted by RumTec Solutions LLC for Applicant's record keeping purposes only. Any terms contained therein, other than amount and types of goods/ services ordered, time and place for delivery, price, and lead time, shall be superseded and replaced by the RumTec Solutions LLC Standard Terms and Conditions.
[5.4] For existing customers, the credit department reviews credit limits as needed. All limits may be subject to change based on changes in customer creditworthiness. Individual orders that may exceed the standard credit line are referred to the credit department.
[5.5] Our invoices are payable within 30 days, unless another payment timeframe is indicated on either the invoice/ order, or agreed upon by RumTec Solutions LLC in writing. In the event of non-payment by the due date, RumTec Solutions LLC reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. RumTec Solutions LLC will be authorized to suspend any provision of services without prior warning in the event of late payment.
[5.6] When an account is over their credit limit, and/or the customer is past due and attempts have been made to seek payment, the account is placed on a credit hold and current orders may be held until satisfactory arrangements can’t be made. If satisfactory arrangements cannot be arranged within 60 days, the account is subject to cancellation and any remaining balance(s) will be turned over to the credit department for further action. Once an account is cancelled, a new credit application may be required and subject to review to re-establish credit.
[5.7] For orders that may exceed the standard credit line, RumTec Solutions may choose to extend additional lines of credit on a Per-Order basis. Additional lines of credit are subject to review and approval by the credit team, and may require special payment terms, and/ or down payment(s). Balances on additional lines of credit are non-transferrable, unless otherwise agreed upon by RTS in writing.
[5.8] RumTec Solutions LLC may require a down payment to confirm orders, and/ or begin fulfilment of orders or stages of orders. Some orders/ accounts may require multiple down payments at specified stages of order fulfillment pursuant to the payment terms specified on orders or line of credit. Unless otherwise specified by RumTec Solutions LLC, down payments are non-refundable.
[5.9] Our invoices are payable within 30 days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, RumTec Solutions LLC reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. RumTec Solutions LLC will be authorized to suspend any provision of services without prior warning in the event of late payment.
[5.10] If a payment is still outstanding more than sixty (60) days after the due payment date, RumTec Solutions LLC reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
Website Terms of Use
Agreement between User and www.rumtecusa.com
Welcome to www.rumtecusa.com. The www.rumtecusa.com website (the "Site") is comprised of various web pages operated by RumTec Solutions LLC ("RumTec Solutions"). www.rumtecusa.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.rumtecusa.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.rumtecusa.com is an E-Commerce Site.
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Privacy
Your use of www.rumtecusa.com is subject to RumTec Solutions's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.rumtecusa.com or sending emails to RumTec Solutions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that RumTec Solutions is not responsible for third party access to your account that results from theft or misappropriation of your account. RumTec Solutions and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
RumTec Solutions does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.rumtecusa.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Pursuant to our Terms and Conditions of Sale/ Service, all sales are final and non-refundable unless otherwise stated by RumTec Solutions LLC in writing. Consult our Standard Terms and Conditions of Sale/ Service for more information: rumtecusa.com/terms
Links to Third Party Sites/Third Party Services
www.rumtecusa.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of RumTec Solutions and RumTec Solutions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RumTec Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RumTec Solutions of the site or any association with its operators.
Certain services made available via www.rumtecusa.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.rumtecusa.com domain, you hereby acknowledge and consent that RumTec Solutions may share such information and data with any third party with whom RumTec Solutions has a contractual relationship to provide the requested product, service or functionality on behalf of www.rumtecusa.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.rumtecusa.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to RumTec Solutions that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of RumTec Solutions or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. RumTec Solutions content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of RumTec Solutions and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of RumTec Solutions or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
RumTec Solutions has no obligation to monitor the Communication Services. However, RumTec Solutions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. RumTec Solutions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
RumTec Solutions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RumTec Solutions's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. RumTec Solutions does not control or endorse the content, messages or information found in any Communication Service and, therefore, RumTec Solutions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized RumTec Solutions spokespersons, and their views do not necessarily reflect those of RumTec Solutions.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.rumtecusa.com or Posted on Any RumTec Solutions Web Page
RumTec Solutions does not claim ownership of the materials you provide to www.rumtecusa.com (including feedback and suggestions) or post, upload, input or submit to any RumTec Solutions Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting RumTec Solutions, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. RumTec Solutions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RumTec Solutions's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by RumTec Solutions from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the RumTec Solutions Content accessed through www.rumtecusa.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless RumTec Solutions, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. RumTec Solutions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RumTec Solutions in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and RumTec Solutions agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RUMTEC SOLUTIONS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
RUMTEC SOLUTIONS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RUMTEC SOLUTIONS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RUMTEC SOLUTIONS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RUMTEC SOLUTIONS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
RumTec Solutions reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RumTec Solutions as a result of this agreement or use of the Site. RumTec Solutions's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RumTec Solutions's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by RumTec Solutions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RumTec Solutions with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RumTec Solutions with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
RumTec Solutions reserves the right, in its sole discretion, to change the Terms under which www.rumtecusa.com is offered. The most current version of the Terms will supersede all previous versions. RumTec Solutions encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
RumTec Solutions welcomes your questions or comments regarding the Terms:
RumTec Solutions LLC
415 S Patrick St.
Dublin, Texas 76446
Email Address:
info@rumtecusa.com
Telephone number:
(254) 977-8280
Effective as of January 01, 2024