RUGGED CONTAINER, LLC TERMS & CONDITIONS:
ACCEPTANCE/PRICE: Order is accepted when Buyer, herein known as “Purchaser” makes payment and payment is accepted by Rugged Container, LLC, herein known as “Company”. Sales price is price of Purchaser accepted quote when additionally accepted by Company.
SALE & DELIVERY: Company shall have no liability whatsoever for loss or damage due to late or delayed delivery. If equipment is lost, stolen or damaged in transit the Purchaser shall file claim with delivering carrier per US department of transportation guidelines. Furthermore, if Company performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, Company shall have the right to cancel without any liability on its part, all or portions of the sales invoice so affected and issue a refund where applicable and if a order is canceled the Purchaser is subject to a $300.00 cancellation fee plus $150.00 restocking fee per container plus any other fee’s or cost if applicable.
Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold Company harmless from all sales or use taxes, transfer, title and registration fees, vat, domestication, personal property taxes or other taxes, tolls, levies, imposts, duties or governmental charges imposed in connection with the sale of equipment, or any services rendered by Company in connection with this sale of equipment, including any penalties, fines or interest thereon and to prepare all necessary filings.
REMEDIES/WAIVER: The remedies reserved to Company herein shall be cumulative and in addition to any other or further remedies provided by law. Company failure to insist on performance of any of the terms and conditions of this agreement, or Company waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach.
ASSIGNMENT: Purchaser may not assign this agreement or any of its rights or obligations herein without Company prior written consent, which consent may be withheld for any reason.
JURISDICTION AND LAW: Company and Purchaser agree that any claim or controversy, directly or indirectly arising out of or relating to this sale, may be litigated in the state or federal courts located in Sheridan County, state of Wyoming USA, and Company and Purchaser hereby consent to be subject to the jurisdiction of such courts. Company and Purchaser agree to waive any objection to the venue of such courts and not to assert any defense of forum non-conveniens. Company and Purchaser agree that service of process upon the other may be made by mailing a copy (by registered or certified mail or courier service) postage prepaid, addressed to the respondent party at the address shown on the invoice for the Purchaser and at: 30 N. Gould St. STE 4999, Sheridan, Wyoming USA for Company. Service shall be complete seven days after such process has been mailed to the respondent party or when received if sent by courier service. Nothing herein shall affect the right of either party to serve legal process in any other manner permitted by law or affect the right of either party to bring any action or proceeding against the other party or its property in the courts of any other jurisdiction. This agreement shall be construed and interpreted according to the laws of the state of Wyoming, USA.
ENTIRE AGREEMENT: It is understood and agreed that this agreement and the applicable invoice embodies the complete understanding of Purchaser and Company relative to this sale and that the terms and conditions of this agreement may not be revised or modified in any way except by a written instrument specifically purporting to do so signed by the Purchaser and Company.
INDEMNIFICATION: Purchaser will, defend at its own expense and indemnify and hold Company, its agents, employees and indemnities from and against any and all claims, losses, damages, liabilities, demands, actions, costs, expenses and fees (including attorneys’ fees) arising out of, or in connection with, the sale of the equipment to Purchaser or any subsequent use, operation or disposition of the equipment.
PURCHASER PICKUP AND STORAGE PAYMENT: Equipment must be picked up within 15 days of the release confirmation. Otherwise, Company may cancel the sale or charge Purchaser storage fees of $20.00 per day beyond 15 days, plus applicable credit card charges. Ownership of equipment will be transferred to Purchaser on the date of pickup. Payment terms are listed on the applicable invoice. If for any reason payment is not made when due, Purchaser will pay to Company all reasonable attorneys’ fees and other costs and expenses Company incurs in enforcing its rights to collect amounts owed by Purchaser to Company under this agreement. Overdue payments will be subject to a service charge equal to the lesser of 2% per month or the highest legal rate.
DELIVERY: Company outsources delivery to local providers at or near cost to help simplify the purchase process for Purchasers without trucks. Purchaser waives Company of any/all liability associated with product delivery.