RMT—Terms and Conditions
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TERMS AND CONDITIONS

APPLY TO ALL ORDERS
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ORDERS

No offer, quote, order acceptance or agreement to purchase is binding upon RMT for any products sold by RMT (the “Equipment” or “Machinery”) unless such are in a writing signed by an officer of RMT, Salt Lake City, UT. The entire contract formed by RMT’s agreement to this order is limited to the Terms and Conditions contained on the face hereof without change or addition, unless otherwise approved in writing by an officer of RMT. No dealer, distributor, sales representative, or customer of any other person or entity (except authorized officers of RMT, Salt Lake City, UT) has any authority whatsoever to bind RMT to any representation, offer or agreement of any kind. Any quote submitted by RMT may be withdrawn without notice at any time and shall automatically expire after 30 days. Any errors in any quote submitted by RMT may be corrected by RMT at any time, even after Buyer’s acceptance of the quote. RMT reserves the right to change the prices reflected in any quote without notice, except to the extent otherwise specifically stated in such quote. Any acceptance by Buyer of any quote from RMT which contains additional or different terms shall not operate as a rejection of RMT’s quote, but shall be deemed a material alteration thereof, and RMT’s quote shall be deemed accepted by Buyer without said different or additional terms. An authorized RMT signed order agreement and attached terms and conditions supersede any quote, other written agreement, verbal agreement, or email.

PRICES

Prices for this Order are firm only for shipments made within sixty (60) days from the date of Buyer’s initial offer to purchase, unless otherwise agreed to in writing by RMT, Salt Lake City, Utah. If Buyer does not meet TERMS AND CONDITIONS, the prices are subject to escalation to those prices in effect at the time of shipment without notice to Buyer.

PAYMENT

Unless otherwise agreed in writing signed by an officer of RMT Salt Lake City, UT, terms of payment are (30%) thirty percent with order, (60%) sixty percent prior to shipment from factory, and (10%) ten percent on delivery for non-stock Machinery and prepayment (100%) on in-stock Machinery prior to shipment. Notwithstanding a partial payment with the order, the prices are subject to change as provided in the preceding paragraph. RMT reserves the right to require deposit payment, advance payment or C.O.D. and to otherwise modify payment or credit terms. A finance charge will be charged at the rate of 1 ½% per month on all accounts not paid when due, which is an 18% annual interest rate, or the highest rate permitted by applicable law, whichever is lesser. RMT will only accept credit card payments up to $5,000. Any amount above $5,000 will need to be paid by check, wire, or ACH. The Buyer’s obligation to pay the total price on the equipment is absolute and shall not be postponed or subject to retain age, setoff or counterclaim. Prices do not include taxes except those itemized in writing signed by RMT. All sales, goods and services, use, excise, value added, transportation, privilege, occupational, consumption, storage, document, transaction export, import, duty or other taxes which may be levied by any taxing authority as a result of the purchase of the Equipment shall be paid by the Buyer unless otherwise noted in writing by an authorized officer of RMT. Buyer shall be responsible for all reasonable attorneys’ fees or costs on a solicitor and client basis, plus all other costs and expenses incurred by RMT in securing payment for any Equipment. Without regard to any other agreement, all obligations of Buyer to RMT shall become immediately due and payable if Buyer becomes insolvent or if Buyer does not make any payment when due or breaches any other agreement or fails to perform any obligation. Buyer hereby grants to RMT a security interest in all Equipment purchased from RMT and the proceeds thereof as collateral security for all obligations of Buyer to RMT, and RMT is authorized to perfect this security interest of record by filing UCC filings. Equipment prices do not include any services, such as the erection, demonstration, repairing and/or installation of any Equipment purchased by Buyer unless so stated in purchase agreement. If RMT is prevented by Buyer from shipping, RMT may, at its sole option, in addition to all other remedies, invoice Buyer to be payable within thirty (30) days and store the goods at Buyer’s sole expense.

DELIVERY, TITLE AND RISK OF LOSS

Unless otherwise agreed in writing signed by an authorized officer of RMT, all Equipment shall be delivered to Buyer, F.O.B. from U.S.A. port or RMT Salt Lake City, UT notwithstanding any agreement regarding the payment of freight, title and risk of loss to the Equipment shall pass to the Buyer F.O.B. U.S.A. port or RMT Salt Lake City, UT title and ownership on the above items shall not pass until the entire invoice and applicable freight for such goods has been paid in full.

CANCELLATION

Buyer may not cancel or reduce the order without prior written consent of RMT. In the event Buyer cancels or reduces the order with the prior written consent of RMT, RMT shall be entitled to receive the full deposit from Buyer plus all reasonable allowances for overhead and profit, arising as a result of such cancellation or reduction.

LIMITED EXPRESS WARRANTY/LIMITATION OF REMEDIES AND LIABILITY

There is no express warranty as to any of the equipment. RMT makes no warranty of merchantability of the equipment or of the fitness of the equipment for any particular purpose or any other particular purpose or any other implied warranties. RMT makes no warranty against latent defects after the agreed upon time period.

LIMITED EXPRESS WARRANTY/LIMITATION OF REMEDIES AND LIABILITY

For purposes of this Limited Express Warranty, “Machinery” shall only include new and unused RMT brand machine tools and does not include any other parts attachments or accessories used or purchased in connection therewith and does not include any other brand of Equipment or machine tools or any other parts, attachments or accessories used or purchased in connection therewith. RMT warrants the Machinery to be free from defects in material and workmanship under normal use and maintenance as follows:
  • With respect to components, excluding consumable components as defined herein in the Limited Express Warranty and due to normal wear-and-tear: twelve (12) months from the date of delivery to the first user of the Machinery.
  • With respect to RMT lasers, excluding consumable components as defined herein in the Limited Express Warranty and due to normal wear-and-tear: twenty-four (24) months from the date of delivery to the first user of the Machinery.
  • With respect to repair or replacement parts for the Machinery, twelve (12) months after the date of RMT’s shipment from its facility.
  • With respect to repair or replacement parts for RMT lasers, twenty-four (24) months after the date of RMT’s shipment from its facility. Warranty parts not exceeding 50 pounds in weight (including packaging materials) are to be shipped Air Freight pre-paid by RMT if part is urgently needed. Parts in excess of 50 pounds are to be shipped ground transportation pre-paid by RMT. Part return credits, at the discretion of RMT, will be considered for reimbursement as follows, if:

    The return of the equipment or part was pre-authorized in writing by the RMT headquarters service department.
    Parts are returned in the original packaging to prevent damage that may occur during return shipment.
    The returned warranty parts must be received at the RMT headquarters within 30 days of the original receipt of the replacement parts.
    A return authorization number (RMA) issued by the RMT headquarters service department must be included in all return part shipments.
    Credits are at the discretion of RMT, and shall only be considered when the part was determined by RMT to be defective due to material or workmanship.
    Returns may be subject to a 20% restocking fee plus original and return freight charges.

All machinery 7,500 lbs. or less for which warranty coverage is sought must be received at RMT’s facility in Salt Lake City, Utah, freight prepaid, no later than sixty (60) days after the date of the failure of the Machinery or part thereof; if RMT determines the Machinery or part to be defective and within RMT’s Limited Express Warranty, RMT shall, when such Machinery or part has been either replaced or repaired, return such F.O.B. RMT’s warehouse, Salt Lake City, Utah. The warranty on any Machinery or any part thereof repaired or replaced under warranty expires at the end of the original purchase warranty period. Special arrangements may be agreed upon for machines 7,500 or less to be repaired at customer’s location. This Limited Express Warranty does not cover and does not apply to:
  • Air filters, gases, air regulators, supply hoses, sensors, glasses, cutting nozzles, laser optical systems, fuses, lubricant, fluids, oil or like items.
  • Any portion of the Machinery not supplied by RMT, regardless of the cause of the failure of such portion or components.
  • Machinery on which the identification tags have been removed or defaced.
  • Machinery on which payment to RMT has not been made.
  • Machinery which has defects or damage as a result of improper installation, wiring, electrical imbalance characteristics or maintenance.
  • Machinery which has defects or damage caused by accident, misuse, abuse, negligence, fire, flood, alteration or improper application of the Machinery.
  • Machinery that has defects or damage which result from electrical failures.
  • Machinery that has defects or damage which result from a contaminated or corrosive air, liquid or lubricant.
  • Machinery subjected to corrosion or abrasion.
  • Machinery manufactured or supplied by others.
  • Machinery which has been operated in a manner contrary to RMT’s printed instructions.
  • Cutting tools, dies, tooling or any parts, attachments or accessories used in connection with the Machinery.
  • Machinery that has defects as a result of freight damage, collision, overturning, dropping, water damage, shocking or showing of the Machinery by BUYER after RMT’s shipment.
  • Machinery which has been sold or transferred by the BUYER; or
  • Machinery which is relocated after its initial installation.
  • Used equipment is sold as is where is, or 30 day warranty as described on the order and signed by an authorized officer of RMT.

LIMITATION

This Limited Express Warranty is given in lieu of all other warranties. If, notwithstanding the disclaimers contained herein, it is determined that other warranties exist, any such warranties, including any express warranties or implied warranties of fitness for particular purpose and merchantability, shall be limited to the duration of the Limited Express Warranty.

SERVICES BY RMT

Labor and/or services by RMT are not covered by any warranty on any of the Equipment unless so stated in purchase agreement. Should any service, such as the erection, demonstration, repairing, or installation of the Equipment, be requested, such service may be rendered by RMT, but only at a charge based on RMT’s then existing service rates and charges unless so stated in purchase agreement.

LIMITATION OF REMEDIES

In the event of a breach of the Limited Express Warranty on New Machinery set forth in the preceding paragraphs, RMT will only be obligated, at RMT’s option, to repair the failed Machinery or part thereof or to furnish new or rebuilt Machinery or part thereof in exchange for the Machinery or part thereof which has failed. If after written notice to RMT in Salt Lake City, Utah of each defect, malfunction or other failure and a reasonable number of attempts by RMT to correct the defect, malfunction or other failure and the remedy fails of its essential purpose, RMT shall refund the purchase price paid, less freight charges, unless agreed upon in writing by an officer of RMT, to RMT in exchange for the return of the Equipment. Said refund shall be the maximum liability of RMT. This remedy with respect to new machinery is the sole and exclusive remedy of the buyer against RMT for breach of contract, for breach of any warranty or for RMT’s negligence or in strict liability including but not limited to consequential damages and attorney’s fees. There shall be no remedy of any kind for used equipment purchases.

LIMITATION OF LIABILITY

RMT shall have no liability for any damages if RMT’s performance is delayed for any reason or is prevented to any extent by revolutions, insurrections, riots, wars, civil unrest, acts of enemies, natural emergency, strikes, work stoppages, employee slowdown, fire, flood, accident, allocation, government restrictions or restraints, damage to RMT’s facility, shortages of transportation, fuel, material, labor, or utilities, fault of customer, failure to secure materials from usual sources of supply, acts of God or any other reason beyond the sole control of RMT whether of the class of causes enumerated above or not. Any shipping date stated by RMT is RMT’s best estimate but RMT makes no guarantee of shipment by any such date and shall have no liability or other obligation for failure to ship on such date, regardless of cause.

TECHNICAL DATA

Unless otherwise agreed to in writing by RMT any technical data furnished in conjunction with this order and not obtainable from a public source shall not be duplicated, used, or disclosed in whole or in part for any purpose other than for Buyer to evaluate the possible purchase of Equipment and shall be returned to RMT upon request.

ASSIGNMENT

Buyer shall not assign or transfer this Agreement or any interest in it or monies payable under it, without the written consent of RMT.

SPECIFICATIONS

Specifications on any Equipment are subject to engineering changes without notice.

MISCELLANEOUS

These terms and conditions shall be construed, and the rights and liabilities of the parties hereunder shall be determined in accordance with the laws of the State of Utah. These terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law. If it shall be found that any portion of these terms and conditions violates any applicable law, such portion shall be of no force and effect in that political unit, division or sub division in which they are illegal or unenforceable and the agreement shall be treated as if such portion or portions had not been inserted. In the event that any dispute or disagreement in connection with any order should arise or exist between Buyer and RMT, jurisdiction and venue for any legal action shall be, if RMT so elects, exclusively in the state or federal courts located in Salt Lake County, Salt Lake City, Utah and Buyer consents to said jurisdiction and venue. The statute of limitations on any claim of the Buyer against RMT shall be one (1) year from the date the cause of action accrues. The paragraph headings used herein are for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions. No purchase of Equipment from RMT shall have any understandings, agreements, or obligations outside these terms and conditions unless specifically set forth in writing and accepted by signature of an authorized officer of RMT in Salt Lake City, Utah. The provisions of these terms and conditions shall not be modified by any usage of trade or any course of prior dealings or acquiescence by RMT or any course of performance. All prior representations, negotiations, offers, quotes, purchase orders, acceptances or agreements to purchase are superseded and replaced by this document.

ACCEPTANCE

All orders from Buyer are subject to acceptance and credit approval by RMT. All orders from Buyer are expressly limited and made conditional upon Buyer’s acceptance of the terms and conditions set forth herein without change or addition, unless otherwise approved in writing by an officer of RMT. Buyer’s acceptance of all or any portion of the Equipment shall be deemed an acceptance of these terms and conditions.

ENGLISH LANGUAGE

The parties hereto have requested that these presents and all judicial proceedings relating hereto be drafted in English.
  • You agree that you are solely responsible for the machine that you purchase or have built for you. This includes the operation, safety, and reliability of the machine.
  • You agree to be fully responsible for any mistakes, errors, material loss, personal damage or secondary damages, caused by any circumstances relating to the use of the machine you purchase.
  • You accept full liability for the operation and use of the machine you operate, by others who may use the machine. The onus is on you to caution others who may operate the machine, and agree to compensate RMT for any losses due to legal action brought against us by others who have operated your machine.
  • You fully accept the above statements and will comply, at all times, with standard operating procedures.
Warning on point of operation guarding: it is the responsibility of Buyer to maintain and insure the usage of proper and appropriate point of operation guards. Buyer agrees to indemnify, defend and hold RMT harmless from any and all claims, loses, liabilities, injuries and expenses (including, without limitation, attorney’s fees or cost on a solicitor and client basis, costs and expenses) related in any manner in whole or in part, to the providing, maintenance, usage, or parts constructed on the equipment purchased from RMT. You agree that all machines will be anchored to the floor. Under the OSH Act, employers are responsible for providing a safe and healthful workplace. OSHA’s mission is to assure safe and healthful workplaces by setting and enforcing standards, and by providing training, outreach, education and assistance. Employers must comply with all applicable OSHA standards. Employers must also comply with the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards. Buyer shall be familiar with and conform to all OSHA directives. PART 1910 — OCCUPATIONAL SAFETY AND HEALTH STANDARDS.

Updated by The RMT Legal Team on 2/04/2015