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Reliable Asset Solutions, LLC. Terms and Conditions of Sale
Reliable Asset Solutions sale of Products are governed by these terms and conditions of sale (“Terms’). “RA SOLUTIONS”, “we” or “us” means Reliable Asset Solutions, LLC. “Customer” means you. If you are purchasing Products on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to these Terms. You represent and warrant that you have the legal power and authority to enter into these Terms and that, if Customer is an entity, these Terms and each Purchase Order is entered into by an employee or agent with all necessary authority to bind that entity to these Terms.
1. Definitions. “Products” means the tablets, laptops, and mobile phones sold under these Terms. Products sold by RA SOLUTIONS are sold as-is. “Purchase Order” means Customer’s submission of a written or electronic order for Products indicating name, quantity and pricing of Products to be purchased.
2. General Ordering Terms. Customer may purchase Products under these Terms by issuing a Purchase Order to RA SOLUTIONS. Only a Purchase Order submitted by Customer shall constitute an offer to contract subject to these Terms. All Purchase Orders are subject to acceptance by RA SOLUTIONS. No additional or alternative terms or conditions or any alteration to these Terms contained or referred to in a Purchase Order or other form submitted to RA SOLUTIONS shall be deemed to apply unless they are expressly accepted in writing by RA SOLUTIONS with respect to that Purchase Order. No Purchase Order which has been accepted by RA SOLUTIONS can be canceled or rescheduled except with written agreement by RA SOLUTIONS.
3. Delivery. Delivery times are established when RA SOLUTIONS accepts the Customer's order in writing. RA SOLUTIONS will use commercially reasonable efforts to meet Customer’s requested delivery dates unless Customer is in default under these Terms or RA SOLUTIONS’s performance is otherwise excused. RA SOLUTIONS is not liable for late or delayed delivery. Late delivery is not a basis for Customer’s cancellation of any order. Title and risk of loss or damage to the Products pass to Customer when RA SOLUTIONS delivers the Products to the shipping carrier (“Delivery”). Unless otherwise agreed, RA SOLUTIONS will deliver the Product freight prepaid, provided that Customer pays or reimburses RA SOLUTIONS for all applicable costs of carriage, freight, insurance (if applicable), taxes, duty, and other related shipping charges. RA SOLUTIONS has the right to make partial deliveries.
4. Inspection. If upon receipt of the Products by Customer, the same shall not conform to Customer’s order or expectations, Customer shall notify RA SOLUTIONS in writing within thirty (30) days from receipt of the Products and before any of the Products have been changed from their original condition. Such notification shall provide detailed information as to the nonconformity and Customer shall hold the Products for RA SOLUTIONS’s disposition and afford RA SOLUTIONS a reasonable opportunity to inspect the Products. Customer may, at its option, request a replacement without charge, or receive a credit equal to the purchase price of the Products. RA SOLUTIONS may require the return of the Products to establish any claim but in no event shall Products be returned without RA SOLUTIONS’s consent.
5. Prices. The price of Products shall be the quoted price. All prices and charges are exclusive of the cost of shipping, delivery, and insurance, if any, as well as applicable value-added tax (VAT), sales, use, consumption, excise, privilege, gross sales tax (GST), and other taxes (other than taxes based upon RA SOLUTIONS’s net income), duties or customs fees for which the Customer shall be additionally liable for paying. In addition, prices exclude any charges that RA SOLUTIONS by law or statute may charge or collect upon in accordance with such laws or statutes. Customer will be responsible for any VAT, sales, use, consumption, excise, privilege, GST, and other taxes and duties payable by Customer on any Products purchased by Customer where the tax is imposed on Customer’s acquisition or use of such Products and the amount of tax is measured by Customer’s costs in acquiring such goods or services. Customer shall make all payments of any such taxes to RA SOLUTIONS without reduction for any withholding taxes, which shall be Customer’s sole responsibility. All taxes shall be paid by Customer to RA SOLUTIONS unless Customer provides RA SOLUTIONS with a valid certificate of exemption acceptable to the appropriate taxing authority.
6. Payment Terms. Unless we agree otherwise in writing, Customer shall pre-pay the purchase price, without any deduction prior to pick up of the goods. Customer shall make payment to RA SOLUTIONS in the currency indicated on the invoice. We reserve the right to charge interest on all overdue amounts owed to us under these Terms at a rate of 1.5% per month (or the highest amount permitted under law if lower than this amount). You are responsible for any costs that we incur if you change or cancel any order, and for all costs of collection of past due amounts (including attorneys’ fees).
7. Security Interest. Customer hereby grants to RA SOLUTIONS a security interest in the Products sold to Customer pursuant to this Purchase Order and any proceeds therefrom (including accounts receivable), until payment in full for the Products has been received by RA SOLUTIONS. Customer shall sign and deliver to RA SOLUTIONS any document to perfect this security interest that RA SOLUTIONS reasonably requests.
8. Disclaimer of Warranty. Customer acknowledges that the Products are sold as-is and that RA SOLUTIONS disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for a particular purpose.
9. Limitation of Liability. RA SOLUTIONS will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other forms of action) and irrespective of whether RA SOLUTIONS has been advised of the possibility of any such damage. In no event will RA SOLUTIONS’s liability exceed the price Customer paid to RA SOLUTIONS for the specific Products provided by RA SOLUTIONS giving rise to the claim or cause of action.
10. Intellectual Property Ownership. You agree that RA SOLUTIONS or its suppliers own all right, title, and interest to all intellectual property and other proprietary rights to documents and materials, calculations, drawings, models, plans, sets of tools, technology, software, firmware, designs, engineering details, schematics and similar data incorporated in the Products and any accompanying documentation or information derived from the foregoing. To the extent permitted by relevant law, you shall not, nor allow any third party to copy, decompile, disassemble or otherwise reverse engineer the Products, or attempt to do so. You are prohibited from, and shall prevent any third party from, removing, covering or altering any of the patent, copyright or trademark notices placed upon, embedded in or displayed by the Products or its packaging and related materials. We reserve all rights in the Products not specifically granted to you under these Terms.
11. Indemnity. Customer agrees to indemnify and to hold and save RA SOLUTIONS harmless from and against any and all claims, demands, liabilities, losses, and expenses of whatsoever kind and nature, which RA SOLUTIONS shall or may at any time sustain or incur by reason of, in consequence of, or arising out of the installation or delivery by RA SOLUTIONS of the Products sold pursuant to this Purchase Order.
12. Governing Law; Jurisdiction. These Terms and any dispute, claim or controversy arising out of, or relating to these Terms will be governed by the laws of the state of New Jersey, without reference to any conflicts of law principles. Both parties hereby consent to the exclusive jurisdiction and venue of the Federal and state courts located in the state of New Jersey as the exclusive forum for the resolution of disputes.
13. Miscellaneous. Customer shall not assign these Terms or any Purchase Order without the prior written consent of RA SOLUTIONS. These Terms constitute the parties’ entire agreement and supersedes any prior or contemporaneous communications relating to the Products. If any provision of this Agreement is held to be invalid or unenforceable under any circumstance, its application in other circumstances and the remaining provisions shall not be affected. No failure or delay by a party in exercising any right under these Terms shall operate as a waiver of such right. Any notice or other communication given by either party to the other regarding these Terms will be deemed given and served when personally delivered, delivered by reputable international courier requiring a signature for receipt, or five (5) business days after mailing (postage prepaid), addressed to the party at its notice address. Either party may change its notice address by written notice to the other. Your notice address will be the address appearing on the accepted Purchase Order. Our notice address is: Reliable Asset Solutions., 502 Jersey Ave, New Brunswick, NJ 08901