A LEGAL DISCLAIMER

Last updated: 30 Apr, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.rfmau.com website (the “Service”) operated by R.F. Mau Company (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of R.F. Mau Company and its licensors.

Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by R.F. Mau Company

R.F. Mau Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that R.F. Mau Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us
If you have any questions about these Terms, please contact us.

TERMS AND CONDITIONS OF SALE 

 
These Terms and Conditions set forth the terms and conditions pursuant to which the buyer (“Buyer”) will purchase and R.F. Mau Co. (“Seller”) will sell products (“Products”). These Terms and Conditions shall be binding upon the successors of Buyer and Seller.
CONTROLLING PROVISIONS: No terms and conditions other than the terms and conditions contained herein shall be binding upon Seller unless accepted by it in writing. All terms and conditions contained in any prior oral or written communication, including, without limitation, Buyer's purchase order, which are different from or in addition to the terms and conditions herein are hereby rejected and shall not be binding on Seller, whether or not they would materially alter this document, and Seller hereby objects thereto. All prior proposals, negotiations and representations, if any, are merged herein. Buyer will be deemed to have assented to all terms and conditions contained herein if any part of the goods and/or services described herein are shipped or an invoice is presented in connection with the said goods and/or services. 
ORDER ACCEPTANCE: All orders for Products shall be subject to acceptance by Seller at its place of business. Price quotations not accepted by the Buyer within thirty (30) days are subject to review and revision.  All orders are subject to credit approval.  
PAYMENT TERMS; SECURITY INTEREST: Buyer agrees to pay for the Products according to the Seller's payment terms. In the event Buyer fails to make any payment to Seller when due, Buyer's entire account(s) with Seller shall become immediately due and payable without notice or demand. All past due amounts are subject to service charges at the rate agreed upon by the parties, or otherwise at the maximum contract rate permitted by law. Charges for tools, dies, drawing and patterns, including changes thereto, are in addition to the price of the Products and are due and payable upon completion of the tooling.  Tools, dies, patterns and drawings shall be the sole and exclusive property of the Seller and charges therefore do not convey title, a right to remove same from Seller’s facility, nor prevent their use for other buyers, except as may be specifically agreed upon, in writing, by Buyer and Seller. To secure any indebtedness due and owing from Buyer from time to time, Buyer hereby grants to Seller, and Seller hereby reserves unto itself, a continuing purchase money security interest in any and Products heretofore or hereafter sold or delivered to Buyer by Seller, and all related parts, components and accessories therefor, and all proceeds arising from the sale or other disposition of the foregoing, including, but not limited to, cash, accounts, contract rights, accounts receivable, instruments and chattel paper. Buyer shall at no time grant any security interest in conflict with that granted to Seller herein. Buyer shall cooperate in the preparation, signing and filing of financing statements necessary to evidence and perfect Seller's security interest as described above.
REMEDIES OF SELLER: If an event of default occurs or if Buyer or Seller institutes any action or proceeding to enforce or interpret any provision of these Terms and Conditions, including any efforts made to collect payment for any Products, Seller shall be entitled to recover from Buyer its reasonable attorneys’ fees and related costs incurred therein. Buyer agrees that any of the following shall constitute an event of default which shall enable Seller, at its option, to cancel any unexecuted portion of any purchase order or to exercise any right or remedy which it may have by law: (a) the failure of Buyer to make timely payment or to perform any term or condition contained herein; (b) any failure of Buyer to give required notice; (c) the insolvency of Buyer or its failure to pay debts as they mature, an assignment by Buyer for benefit of its creditors, the appointment of receiver for Buyer or for the materials covered by this order or the filing of any petition to adjudicate Buyer bankrupt; (d) the death, incompetence, dissolution or termination of existence of Buyer; (e) a failure by Buyer to provide adequate assurance of performance within ten (10) days after a justified demand by Seller or (f) if Seller, in good faith, believes that Buyer's prospect of performance under this Agreement is impaired. All rights and remedies of Seller herein are in addition to, and shall not exclude, any rights or remedies that Seller may have by law. In the event it becomes necessary to incur any expense for collection of any overdue account, reasonable collection charges, including reasonable attorneys' fees, will be added to the balance due and Buyer shall pay all such charges. 
GOVERNING LAW AND VENUE: The obligations and performance of the parties hereunder, shall be governed by the internal laws of the State of Illinois without regard to conflict of laws principles. Seller and Buyer agree to opt out of the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that any action brought by either party arising out of or relating to any Products provided pursuant to these Terms and Conditions shall be brought and pursued only in the state or federal courts located in Cook County, Illinois. Buyer hereby consents to the personal jurisdiction of such Illinois courts, and Buyer hereby waives any objection to such venue and personal jurisdiction.  All actions, regardless of form, arising out of or related to this transaction or the Products sold hereunder must be brought against Seller within the applicable statutory period, but in no event more than THREE (3) MONTHS after the date of invoice. 
DELIVERY AND FORCE MAJEURE: Seller will make a good faith effort to complete delivery of the Products as indicated by Seller in writing, but delivery dates are estimates only. Seller assumes no responsibility or liability and will accept no backcharge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller, including, but not limited to, liability for Seller's non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Seller. Under no circumstances shall Seller be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.  All Purchase Orders are subject to quantity variances of +/- 10% of Purchase Order.  Buyer agrees to accept and pay for such overruns within terms contained herein; Seller is not required to manufacture the difference between original Purchase Order quantity and shortfalls less than 10% of original Purchase Order quantity.  
LIMITED WARRANTY: Seller warrants that Products are free from defects in material and workmanship under normal use, service and maintenance for a period of thirty (30) days after shipment and conform to any drawings and/or specifications furnished by the Buyer and agreed to by Seller, in writing and conform to any descriptions made by Seller in writing. The warranty shall not apply to any Product or part of which has been subject to misuse, negligence, accident in shipping or handling, improper maintenance, use beyond the Product’s rated capacity, or in any otherwise improper manner, or which have been modified, altered or repaired by anyone other than the Seller. SELLER’S WARRANTY HEREIN IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES OF SELLER, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE CREATED UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL SELLER (AND BUYER SHALL NOT ASSERT ANY CLAIM) FOR SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS. BUYER’S SOLE AND EXCLUSIVE REMEDIES UNDER THIS WARRANTY SHALL BE LIMITED, AT SELLER’S EXCLUSIVE DISCRETION, TO: (1) REPLACEMENT OF ANY DEFECTIVE PRODUCTS OR PART THEREOF; (2) REPAIR OF ANY DEFECTIVE PRODUCTS OR PART THEREOF FOR ANY DEFECTIVE PRODUCT OR PART THEREOF; OR (3) REFUND OF THE PURCHASE PRICE FOR ANY DEFECTIVE PRODUCT. IN NO EVENT, SHALL SELLER'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND ITS EMPLOYEES AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS." 
RECOMMENDATIONS BY SELLER: Buyer acknowledges that Seller does not make and specifically negates, renounces and disclaims any representations, warranties and/or guaranties of any kind or character, expressed or implied, with respect to (i) the Products sold, their use, design, application or operation, their merchantability, their physical condition or their fitness for a particular purpose, (ii) the maintenance or other expenses to be incurred in connection with the Products, (iii) the engineering, design, fabrication work or any other work or service (whether gratuitous or for payment) supplied by Seller and/or its agents, suppliers and employees or (iv) the accuracy or reliability of any information, designs or documents furnished to Buyer. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of its Products and/or rendering of its services. Any recommendations made by Seller concerning the use, design, application or operation of the Products shall not be construed as representations or warranties, expressed or implied. Failure by Seller to make recommendations or give advice to Buyer shall not impose any liability upon Seller. 
INDEMNIFICATION: The Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of the Products. Seller makes no promise or representation that the Products will conform to any federal, state or local laws ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by an authorized representative of Seller. 
Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation or misapplication of the Products. Buyer shall defend, indemnify and hold harmless Seller and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the Products by Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Seller, or any of their agents, employees or suppliers.
Buyer shall indemnify, hold Seller harmless and, at Seller’s option, defend Seller from all loss, liability, damage and expense, including attorneys’ fees, arising out of any claim or in any way connected with the Products or any items into which the Products are incorporated, including, but not limited to, claims for product liability, whether based on contract or tort, breach of warranty, breach of contract or otherwise; or, by reason or claims for infringement of patents, trademarks, copyrights, misappropriation of trade secrets, unfair competition or similar charge resulting from Products supplied by Seller in accordance with design or specifications furnished by Buyer. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
INSPECTION AND ACCEPTANCE: Claims for damage, shortage or errors in shipping must be reported within one (1) day following delivery to Buyer. Buyer shall have three (3) days from the date Buyer receives any Products to inspect such Products for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify Seller, in writing, of any defects, nonconformance or rejection of such Products. After such three (3) day period, Buyer shall be deemed to have irrevocably accepted the Products, if not previously accepted. After such acceptance, Buyer shall have no right to reject the Products for any reason or to revoke acceptance. Buyer hereby agrees that such three (3) day period is a reasonable amount of time for such inspection and revocation. Buyer shall have no right to order any change or modification to any Product previously ordered by Buyer or its representatives or cancel any order without Seller's written consent and payment to Seller of all charges, expenses, commissions and reasonable profits owed to or incurred by Seller.
RETURNS: Buyer shall not return any Products actually delivered to Buyer without the prior written consent and agreement of Seller.  Upon Seller’s approval to Buyer of the return of any Products, Buyer shall return such Products to Seller’s place of business and shall pay for all handling, inspection, shipping, and re-stocking charges incurred for returned Products.
SHIPMENTS: Unless otherwise agreed to by Seller in writing, all Products are shipped F.O.B. Seller’s facility and risk of loss shall pass to Buyer at the F.O.B. point. The cost of any special packing or special handling caused by Buyer's requirements or requests shall be added to the amount of the order. If Buyer causes or requests a shipment delay, or if Seller ships or delivers the Products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Buyer. Claims for Products damaged or lost in transit should be made by Buyer to the carrier, as Seller's responsibility ceases upon tender of goods at Seller’s facility.
TAXES: The amount of any sales, excise or other taxes, if any, applicable to the Products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the taxing authorities. Any taxes which Seller may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the Products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to Seller upon demand.
SEVERABILITY: These terms and conditions of sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance herefrom.
SET-OFF: Buyer shall not be entitled to set-off any amounts due Buyer against any amount due Seller in connection with this transaction. 
NON-WAIVER: Seller's failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Seller's rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by Seller’s authorized representative.
ENTIRE AGREEMENT: This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Seller's authorized representative. All transactions shall be governed solely by the terms and conditions contained herein.