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Purchasing Terms & Conditions

1. Unless agreed to by us in writing, no terms or conditions in addition to or different from those contained in this order shall be binding upon us. The foregoing shall not be deemed as an exclusion of any implied warranties applicable to this transaction. Seller expressly warrants that the merchandise shall conform to the description, sample, model and/or specifications upon which this order is based and that such merchandise shall be free from defects in material or workmanship.
2. Regardless of F.O.B. point, type of carrier and manner of payment of freight charges, seller shall bear all risk of loss, damage or delay in transportation until merchandise is duly delivered at specified destination.
3. We shall have the right, after inspection at our factory, to reject all or any part of any delivery which does not conform to this order, but acceptance of any non-conforming merchandise shall not impair any rights or remedies available to us for breach of contract. Also, any merchandise which shall be found through service, inspection, use or otherwise to be defective in material or workmanship or not in conformity with this order within one year from date of delivery may, at our option, be returned for full refund, credit or replacement as we shall determine.
4. Any materials, supplies, equipment, blueprints, specifications, plans, or designs furnished by us in connection with this order shall remain our property. All blueprints and/or specifications, plans, or designs furnished to you also shall be considered confidential and must not be furnished by you to anyone else without our prior written consent.
5. Except with respect to goods or merchandise made to our specifications or design, seller agrees to indemnify and hold us free and harmless from and against any and all expenses (including reasonable attorneys’ fees) suffered or incurred by us in connection with any claim against us for alleged infringement or the like by reason of the sale or use of any merchandise furnished by Seller.
6. This transaction shall be subject to and in all respects shall be governed by the law of Illinois.
7. This Seller represents that, with respect to the production of goods and/or the performance of the services covered by this order, it has fully complied with all of the requirements of the United States Fair Labor Standard Act of 1838, as amended, including Section 12 thereof.
8. Rockford Linear Motion’s representative or our customer’s representative shall be afforded the right to verify at the subcontractor’s premises and the supplier’s premise that the product conforms to specified requirements. Such verification shall not be used by the supplier as evidence of effective control of quality by the supplier. Verification by Rockford Linear Motion shall not absolve the supplier of the responsibility to provide acceptable product, nor shall it preclude subsequent rejection by the customer.