RATHBONE ENERGY
TERMS AND CONDITIONS
GENERAL
1. Orders placed shall not be binding until received and
approved at the seller's home office. All orders, when approved, shall be
deemed subject to all of the following terms and conditions unless modified, in
writing, and signed by seller and buyer.
2. The minimum charge on all orders is $ 1000.00 per
line item.
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PRICING
3. Prices quoted are valid for fifteen days
only.
3.1.
Due
to continuing development, International Exchange Rates, and constantly
changing variables, all prices & specifications are subject to change
without notice.
3.2.
If a secondary
source becomes necessary to deliver the battery cells the price may increase
from 10% to 30% over buying battery cells direct.
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LEAD TIMES
4. Lead Times and requested delivery dates are
approximate. Lead time can be immediate production to 16 weeks for arrival of
required battery cells to start production.
4.1.
A scheduled date
will be determined at the time of order acknowledgement. Delivery dates are Not a guarantee but a
commitment.
4.2.
Excluding
weekends, major holidays, holiday weekends, holiday weeks, unforeseen vendor
issues, unexpected health issues, illness, or events outside our control
including Acts of God.
4.3.
99% of all
delays are the result of the battery cell manufacturer’s revised schedule, not
ours. In-house delays include possible
health issues, doctor’s appointments, or hospital admittance, otherwise known
as uncontrollable absenteeism.
4.4.
EVEN WITH PLACED
BLANKET ORDERS, WE NOR OUR EMPLOYEES HAVE ANY CONTROL OVER THE STOCK DECISIONS
OVER THE
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4.PRICING
5. Pricing is based on the quantity of items ordered or
the price agreed upon. All orders must be released in their entirety. In the
event that a portion of the order is cancelled, the unit price shall revert to
the price of the smaller quantity delivered. A minimum of eight weeks lead time
is required for any downward revision of schedules, or for cancellations. (The
quotations identification i.e. customer P.O. number will be referenced on the
customer's order acknowledgment).
5.1.
Price adjustments may be made to reflect changes in nickel and cadmium price compared to
the base price used in the quotation.
5.2.
MPA is
calculated based on the cost of RAW Nickel and RAW Cobalt and the amount of
each metal used in the specific cell model
5.3.
The Material
Price Adjustment is amended each quarter based on the average raw materials
cost for 3, 4, and 5 months prior to the start of the quarter. The new MPA schedule is distributed by the
battery cell at least 30 days prior to implementation.
5.4.
The adjustment
in price shall be circulated on a per cell basis to the nearest tenth of a
cent.
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Shipping
6. All batteries are sold F.O.B. factory, transportation
freight collect or freight COD. Small
orders under 100 pounds can be freight prepaid and ad on.
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DELIVERY
7. Delivery of goods to common carrier or licensed trucker
shall constitute delivery to buyer, and all risks of loss or changes in transit
shall be borne by the buyer.
7.1.
The seller shall
not be liable for failure to deliver or delays in delivery caused by strikes,
lockout, fire, inability to obtain materials, shipping space, breakdowns, delays
or carriers or suppliers, governmental action regulations, and other causes
beyond seller's control.
7.2.
Seller reserves
the right to make delivery in installments, unless otherwise specifically
stipulated. All such installments shall be separately invoiced and paid for
when due without regard to subsequent deliveries. Delay in delivery at any
installment shall not relieve the buyer of its obligation to accept remaining
deliveries.
7.3.
A minimum of
eight weeks lead time is required for any downward revision of shipping
schedules.
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CANCELLATION
8. Standard
cataloged product. There will be no
cancellation charges for standard cataloged products when notice is received 12
weeks prior to shipping. Notification received less than 12 weeks but more than
eight weeks prior to shipment shall be charged 10% of the scheduled shipment
dollars. When notification of cancellation is received less than eight weeks
prior to shipment, the charge shall be 20% of the scheduled shipment dollars.
9. Non
standard products. This includes
items, private labels, special cases, or any modifications that cannot be
readily tested and replaced into inventory for resale. The purchaser may cancel
his order upon written notice and upon payment to the Company of cancellation charges,
which shall take into account among other things, expenses incurred and
commitments already made by the Company for component parts specific to the
buyer.
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WARRANTY AND LIABILITIES:
10. There is No warranty on battery inserts not installed
in final assembly by Rathbone Energy staff or any of our approved contractor
net
10.1.
There is No
warranty on battery cells, battery inserts, or battery packs developed for use
not in compliance with the manufacturers battery cell specification sheets on
the battery cell, discharge rate, charge rate, or any other battery cell
tolerances.
10.2.
The standard
warranty period on most products is (12) months from the code date printed on
the cells, or batteries.
10.3.
The warranty is
void if the charge – discharge maintenance, storage conditions, and temperature
are not adhered to as specified.
10.4.
The warranty is
void if the product is subjected to abuse, physically damaged, or charged in an
abusive manner with a charging device not approved by Rathbone Energy.
10.5.
There is no
other express warranty or implied warranty including those of merchantability
and fitness. Products used for a particular purpose are limited to the express
warranty period. Liability for consequential or incidental damages under any
and all warranties are excluded.
10.6.
If seller finds
upon examination that the cell or battery fails to meet its warranty, seller
shall promptly furnish a replacement for the defective cell or battery, F. O .
B. our plant.
10.7.
Where credit
terms are provided, Seller reserves the right at any time to revoke any credit extended
to buyer because of buyer's failure to pay for any goods when due or for any
reason deemed good and sufficient by seller and in such event, all subsequent
shipments shall be pre-paid for upon delivery.
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RETURN MATERIAL AUTHORIZATION
11. Authorization for the return of material claimed to
be defective must be obtained prior to shipment, and all transportation charges
must be prepaid by seller. A Return Material Authorization (RMA) number will be
assigned and must appear on all packages returned to Rathbone Energy and
referred to in all correspondence. Returned material will be subject to
inspection and test, and final determination as to whether or not any
adjustment is due. The amount of credit, in the event Rathbone Energy agrees
the product to be defective, will be calculated based on the latest or last
invoiced price.
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TERMS OF PAYMENT
12. Non
standard products. The terms against
volume of specialty battery packs ordered shall be Pre-Pay by check or bank
wire to Rathbone Energy, Inc.
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DISCLAIMER
Ø
NOT
RESPONSIBLE:
13. Under no circumstances shall we,
(Rathbone Energy, Inc, our officers, or our employees), be liable for any
injury, loss, damage, or expense suffered or incurred with respect to any
defective product, non-defective product, or use of that product by any
individual or group.
13.1.
Rathbone
Energy, Inc. is NOT responsible for loss of product due to breaking and entering,
theft, fire, storm damage, Acts of God, or for any other reason not here
listed.
13.2.
Rathbone
Energy, Inc. is NOT responsible for damages, however unlikely, of undamaged or
already damaged battery case shells or components during opening of that product
for recell.
We reserve the right to interpret any and
all conditions and situations listed and those not here listed in such a manner
as we deem appropriate.
Any dispute will be
governed by the Laws of the State of
Rathbone Energy, Inc.
Rathboneenergy.com