Terms & Conditions
Standard Terms and Conditions of Sale
RGB INDUSTRIES ("Horti-MASTER") is delivering these goods and products (“Products”) subject to these Terms and Conditions of Sale (“Conditions”). Buyer will be deemed to have assented to these Conditions upon Buyer’s placement of order. Notwithstanding the above, failure of Horti-MASTER to object to provisions contained in any purchase order or other form or document from Buyer shall not be construed as a waiver of these Conditions nor an acceptance of any such provision.
All prices are quoted for delivery to Buyer when goods are loaded on the carrier at Horti-MASTER premises in Shenzhen, CHINA exclusive of shipping, insurance and installation charges, all of which are Buyer’s sole responsibility. All prices are exclusive of all sales, use, excise, value added, withholding and other taxes, all customs, duties, documentation charges, and freights forwarder charges and charge of any nature now or hereafter claimed or imposed by any governmental authority upon the sale of the Products. Any such charges will be added to the product invoice or subsequently invoiced to the Buyer. In the event IMASTER is required to pay any such tax, duty or charge, Buyer will promptly reimburse IMASTER
– Buyer is only allowed to make payment to authorized bank accounts announced in Horti-MASTER official website:
– All payments shall be made in immediately available U.S. Dollars net thirty (3) days from the date of invoice for qualified accounts, without set-off, deduction or withholding of any kind, unless otherwise stated by IMASTER in writing;
– Horti-MASTER won’t afford any banking charges from direct bank or inter-bank, buyer (”applicant”) is required to note well its local banking charge before payment transfer;
– Horti-MASTER holds the right of ownership of product(s) if buyer’s full payment is not in authorized bank account.
Shipment and Packing
All Product prices exclude costs of shipping and handling and insurance, in accordance with delivery terms designated by Horti-MASTER. Unless otherwise agreed in writing, such costs will be paid by the Buyer and will appear as a separate item on Horti-MASTER invoice. Horti-MASTER shall ship in accordance with Horti-MASTER standard practices. Buyer may specify different shipping instructions, subject to agreement by IMASTER. Unless otherwise agreed to in writing by Horti-MASTER, all products shall be packaged, if appropriate, for shipment and storage in accordance with standard commercial practices. All packing shall conform to carrier requirements.
Unless otherwise specified by IMASTER:
(a) Horti-MASTER warrants that, for a period of twelve (24) months from the date of shipment of the Products from Horti-MASTER (the “Warranty Period”), unless otherwise specified for individual products or extended by a Support Contract or Extended Warranty Contract, the Products sold hereunder will be free from material defects in materials and workmanship and will conform to Horti-MASTER published specifications in effect as of the date of manufacture. Horti-MASTER SPECIFICALLY DISCLAIMS ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE OR LOST Horti-MASTER Standard Terms and Conditions of Sale – rev. 06-25-2013 PROFITS) WHICH MAY RESULT FROM THE USE OF PRODUCTS PURCHASED. This limited warranty extends only to Buyer as original purchaser unless otherwise agreed upon in writing by Horti-MASTER.
(b) The foregoing warranty shall not apply if the defective Product (i) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Horti-MASTER, (ii) has been repaired or altered by persons other than Horti-MASTER, (iii) has not been installed, operated, repaired and maintained in accordance with the documentation or operated outside of the environmental specifications for the Product; (iv) has failed due an Act of God, including but not limited to fire, flood, tornado, earthquake, hurricane or lightning or (v) has been used with any devices, accessories or products not manufactured by or approved by Horti-MASTER. In addition, the foregoing warranty shall not apply to Products (i) marked or identified as “sample,” (ii) loaned or provided to Buyer at no cost, or (iii) which are sold “as is”
(c) If during the Warranty Period: (i) Horti-MASTER is notified promptly in writing upon discovery of any defect in the Product, including a detailed description of such alleged defect, (ii) such Product is returned, transportation charges prepaid, to Horti-MASTER designated manufacturing facility subject to the prior approval of Horti-MASTER with a valid Return Material Authorization (“RMA”) number, and (iii) Horti-MASTER inspections and tests determine that the Product is indeed defective and the Product has not been subjected to any of the conditions set forth above, then, as Buyer’s sole remedy and Horti-MASTER sole obligation under the foregoing warranty, Horti-MASTER will, at Horti-MASTER option, repair or replace without charge the defective Product. In no event will the Buyer itself nor will the Buyer allow any party other than Horti-MASTER or a third party authorized in writing by Horti-MASTER to perform any service on the Products.
(e) Any Product that has either been repaired or replaced under this warranty shall have warranty coverage (parts only) for the longer of ninety (90) days or the remaining original warranty period. Replacement parts and/or replacement Products used in the repair or replacement of Products may be new or equivalent to new at Horti-MASTER sole discretion.
(f) EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, IMASTER MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY PRODUCTS OR OTHER PRODUCTS PROVIDED IN CONNECTION WITH THESE CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.
(g) Notwithstanding anything herein to the contrary, Horti-MASTER makes no warranty with respect to any third party products provided under these Conditions. Buyer’s sole remedy with respect to such third party products shall be pursuant to the original manufacturer’s or licensor’s warranty, if any, to Buyer, to the extent permitted by the original manufacturer or licensor.