R.B. MOSHER COMPANY WARRANTY, TERMS AND CONDITIONS

R.B. Mosher Company, lnc.-Limited Warranty

All products, with the exception of Non-warranty custom products described below (E), are warranted to be free of defects in material and workmanship for a period of one year from the date of shipment as a result of normal use and service, subject to the terms and conditions listed below:

With the exception of damage that occurred in transit (A6), if the purchaser believes a product to be defective, the purchaser must do the following:

A.  Notify the R.B. Mosher Company within 10 days after receipt of the merchandise.

1. Claims must be made in writing and received by R.B. Mosher   Co., lnc. within ten (10) days after receipt of the merchandise.
2. In the written claim, customer must state the alleged defect and request permission to return the product.
3. Merchandise will not be accepted for return without a "Return Material Authorization Form" obtained by calling our office.  This form will give you your Return Material Authorization Number and must be signed by an R.B. Mosher Co. Manager.
4. A Return Material Authorization form does not guarantee a refund/replacement/repair. Upon receipt of the item, R.B. Mosher Co. will determine whether or not the product will be accepted for return (C).
5. Merchandise will not be accepted for return or credit later than six months after invoicing.
6. lf a shipment is received in a damaged or deficient condition, a claim must be filed with the delivering carrier and noted on the freight bill before you accept the merchandise.

B.  After obtaining a Return Material Authorization number, return the product with the transportation prepaid.  Collect shipments will not be accepted.

1. The Return Material Authorization Number must be clearly marked on the outside of the package.
2. A signed copy of the Return Material Authorization Form must also be included with the shipment of the returned material.
3. Upon receipt of the merchandise, R.B. Mosher Co. reserves the right to inspect the allegedly defective product to determine whether or not it is a valid return (C, D).  If, after inspection, the product is accepted for return and found to be defective, the manufacturer will, at its discretion, either repair or replace the product, F.O.B. factory, within 60 days of receipt, or issue credit for the purchase price.

C.  Warranty does not apply to products which we determine to have been damaged due to neglect, abuse, overloading, accident, or improper usage.

1. lf R.B. Mosher Co. seller's inspection shows that the returned product(s) is defective due to dirt, rust or any foreign material not attributable to seller: improper usage, over-tightening threads, abuse or incorrect installation in the field, or other cause not attributable to manufacturer defect or seller’s workmanship, a credit will not be issued for the merchandise.
2. If possible, the seller will—subject to said purchaser’s written authorization—repair or replace such products at the purchaser’s cost.
3. A credit will not be issued for the freight for the return merchandise if fault is determined to be the result of the above circumstances.

E.   Non-warranty custom products include, but are not limited to, custom made screens for basket and y-strainers.

NO OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESSED OR IMPLIED, INCLUDING THE

WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, ARE

MADE OR AUTHORIZED. NO AFFIRMATION OF ACT, PROMISE, DESCRIPTION OF

PRODUCT OR USE OF MAKE OR MODEL SHALL CREATE ANY WARRANTY FROM

MANUFACTURER, UNLESS SIGNED BY THE PRESIDENT OF THE MANUFACTURER.

MINIMUM BILLING:

• MINIMUM BILLING: $25.00 NET

CANCELLATIONS:

• CANCELLED ORDERS WILL BE SUBJECT TO A CHARGE OF AT LEAST 15% OF THE PURCHASE PRICE as described below (no. 1).
• CANCELLED CUSTOM ORDERS WILL BE SUBJECT TO A CHARGE OF lO% OF THE QUOTED PRICE in addition to the cost already incurred from the project as described below (no. 2).

1. Any order of part thereof may be cancelled by the purchaser upon written notice to the seller prior to 30 days prior to the completion. Upon receipt of the cancellation notice, all work on the order or part thereof being cancelled will be stopped as promptly as is reasonably possible, and the purchaser will be liable for a cancellation charge.  Such cancellation charge shall be at the seller’s discretion computed on the basis of the following: established prices for all completed items and for the full cost incurred by the seller up to the time of work stoppage; plus 15% on incomplete items; plus a charge for packing and storing; but less credit similarly computed for all standard items that can be used at the time to fill other orders and for the balance of the material as scrap.
2. Unless agreed upon in writing by the seller, all “Custom products,”which include—but are not limited to--non-standard, special, and fabricated orders—cannot be cancelled after acceptance by the seller, and are not subject to return, credit or refund. If a buyer so chooses to cancel a seller-accepted order, the buyer shall be liable for up to the full purchase price on any stage of completion for any special, custom, or fabricated order.

DELIVERY:

R.B. Mosher Company, lnc. shall not be liable for failure to deliver or delays in delivering

occasioned by acts of God, war, labor difficulties, inability to obtain materials, or any other causes

whatsoever beyond our control. Contracts or orders having penalty clauses for failure to meet

shipment are not acceptable, unless specifically approved in writing. Delivery promises are based

on conditions at the time of quoting and are subject to change for causes beyond the seller's

control. Under no circumstances will the seller be liable for consequential damages due to failure

to fulfill a delivery promise.