"Terms and Conditions Including Web Site Materials"
WEBSITE
By using this website you must agree to all the terms and conditions contained in this legal acknowledgement. Any and all users of RDFmachinery.com's website agree that access to and the use of this website are subject to the terms and conditions stated herein, as well as all other applicable laws. By viewing, printing, downloading or any type of use of the materials contained in this website, you agree to the terms and conditions of this legal notice. Again, If you do not agree to these terms and conditions, please do not use this site.
This material may be used only for internal, informational, noncommercial purposes. You may not modify or alter the content in any way. Any copy of the material or portion thereof must include this notice. You may not, without obtaining written permission, republish, redistribute, or otherwise make any copies of the materials contained on this site. You may not use the material in a manner that suggests any form of association with our website.
RDF Machinery Company reserves the right to change and update information in this website from time to time without any prior notice. Therefore RDF Machinery Company shall not be liable for any damages or injury resulting from your use of this website, your ability to use and access, or inability to access information contained in this website, or from your reliance and need of any information contained or provided by this website.
In any message area or email function offered as part of this site you are prohibited from and must not do any of the following:
Clients, customers, vendors and other users may send information to us from time to time relating to our website. By doing so all must agree that the information sent unless stated as "confidential" shall be considered as "non-confidential" and we are not obligated to keep such information safeguarded as confidential and that we are not further obligated to respond and acknowledge receipt of such material. Send to Sales@RDFmachinery.com
RDF Machinery shall be free to use the information provided to us in any manner, without any obligation to the sender whatsoever, including but not limited to developing and marketing products and services based on such information. We may therefore reproduce, disclose, and distribute the information provided to us to any and all without limitation.
INFORMATION
RDF Machinery Company applies our highest standards in the effort to reflect
the accurate, the complete, and the most current information we can provide on
our web site, however ALL THE INFORMATION ON THIS WEB SITE IS PROVIDED ON AN
"AS IS, WHERE IS TYPE BASIS" WITHOUT WARRANTY OF ANY KIND, NEITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR USE OR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. RDF MACHINERY COMPANY AND/OR ITS CLIENTS, CUSTOMERS OR VENDORS SHALL HAVE NO
RESPONSIBILITY FOR ERRORS OR OMISSIONS THAT MAY OR MAY NOT BE CONTAINED IN THIS
WEB SITE.
THIS SITE AND/OR INFORMATION CONTAINED HEREIN DOES NOT REPRESENT, IMPLY OR
WARRANT THAT THIS WEB SITE AND/OR ITS DATABASES ARE IN FACT FREE OF ANY
POTENTIAL VIRUS, THREAT OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS WEB SITE MAY CONTAIN LINKS TO NON-RDF MACHINERY COMPANY SITES OR INFORMATION. THESE LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE. SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF OUR COMPANY AND RDF MACHINERY COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. WE WILL HOWEVER UPON NOTICE INVESTIGATE THE EXISTENCE OF ANY LINK THAT DOES NOT MEET THE NEEDS OF OUR CLIENTS OR OUR BASIC ENDORSEMENT AS RELATED TO OUR INDUSTRY STANDARDS OR THAT VIOLATES ANY LAWS OF THE UNITED STATES OF AMERICA.
RDF MACHINERY COMPANY TRANSACTIONS
All transactions, trade-ins, purchases, machinery credits,
inspections, repairs, services and supplies are subject to the RDF Machinery
Company Terms and Conditions listed herein
and our binding. It is understood that all customers and clients have reviewed
these terms and have accepted them as is. A copy of the Terms & Conditions are
included with the sales order. For a specific copy please call or request the
terms and conditions of RDF Machinery Company.
By using this
website you must agree to all the terms and conditions contained in this legal
acknowledgement.
Any and all users of RDF Machinery Company agree they are subject to the terms
and conditions stated herein, as well as all other applicable laws. You agree to
the terms and conditions of this legal notice.
NO
WARRANTIES EXPRESSED OR IMPLIED OTHER THAN THE ASSURANCE OF FREE AND CLEAR TITLE
There shall be no guarantee or warranties, expressed or implied, statutory or
otherwise of any nature whatsoever in respect of any equipment listed above
other than noted in the sales order. All equipment is sold as is, where is
without limitation. RDF Machinery Company makes no representation or warranty
that the equipment conforms to any standard in respect of safety, pollution or
hazardous material or to any standard
or
requirement of any applicable authority, law or regulation, is fit for any
particular purpose, is merchantable or finance able. Buyer agrees they have
satisfied themselves and are not relying on RDF Machinery Company for any matter
in respect to the above other than the assurance of free and clear title.
JURISDICTION AND VENUE WAVER
In the
unlikely event that any dispute should arise resulting from business related
directly or indirectly with RDF Machinery Company this dispute shall be settled
in the Federal or State jurisdiction in which RDF Machinery Company, Its Parent
Company, Corporate Charter or Shareholders reside. Specifically in the County of
Delaware in the
Great State of Oklahoma.
ARBITRATION:
Any claim by
Purchaser against Seller arising out of or related to this Agreement or to
Equipment, Including trade-ins, machinery credits, repairs, warranties, etc.
shall, at the option of Seller, be settled and decided by binding arbitration
conducted in Delaware County, Oklahoma, in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. The judgment by the
arbitrator (s) shall be final, and judgment upon the decision rendered may be
entered in any court having jurisdiction thereof.
ADDITIONAL PROVISIONS:
This Agreement is the entire agreement between the parties hereto containing all
agreed upon terms and conditions, and it supersedes and cancels any and all
prior agreements and negotiations, whether written or oral. Time is of the
essence in the performance of this Transaction. Seller is not in any way a
partner of or joint venture with Buyer. If any one or more provisions of this
Agreement shall be found to be illegal or unenforceable in any respect, the
validity, legality, and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby. Buyer and Seller will execute and
deliver all other documents as may be reasonably needed to effectuate and
complete the transaction (s) the subject of this Agreement. Both parties hereby
represent and warrant that the person executing this Agreement has the proper
authority from their respective entities to bind the entities to this Agreement.
This Agreement may be executed by facsimile or electronically which shall have
the same effect as an original signature.
INDEMNITY:
PURCHASER
SHALL PROTECT, INDEMNIFY, AND SAVE SELLER AND ITS ASSIGNS HARMLESS AGAINST ANY
AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF EVERY KIND AND CHARACTER
WHATSOEVER, INCLUDING ATTORNEYS FEES, ARISING IN FAVOR OF ANY PERSON, INCLUDING
EMPLOYEES OF PURCHASER, ON ACCOUNT OF PERSONAL INJURIES OR DAMAGES TO PROPERTY
OCCURRING, GROWING OUT OF, INCIDENT TO, OR RESULTING DIRECTLY OR INDIRECTLY FROM
THE SELECTION, PURCHASE, OWNERSHIP, DELIVERY, USE, OPERATION, MAINTENANCE,
REPAIR, OR RETURN OF THE EQUIPMENT WHETHER SUCH LOSS, DAMAGE, OR INJURY OR
LIABILITY ARISES FROM OR IS CONTRIBUTED TO BY THE NEGLIGENCE OF THE SELLER OR
ITS EMPLOYEES, AND WHETHER DUE OR CONTRIBUTED TO BY IMPERFECTIONS OR DEFECTS OF
THE EQUIPMENT, WHETHER LATENT OR PATENT, OR FROM OTHER CAUSES WHATSOEVER.
WAIVER OF DTPA RIGHTS:
PURCHASER
WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT,
SECTION 17.41 ET SEQ. , A TEXAS BUSINESS COMMERCE CODE, A LAW THAT GIVES
CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF
PURCHASER’S OWN SELECTION, PURCHASER VOLUNTARILY CONSENTS TO THIS WAIVER.
OTHER PROVISIONS: