Warranty

ManualsBrandsRubber-Cal ManualsFlooringDiamond-Plate Metallic 4 ft. x 25 ft. Beige PVC Flooring (100 sq. ft.)

The items described in this document are hereby offered for sale at prices to be established by Rubber-Cal,

Inc., its subsidiaries and its authorized distributors. This offer and its acceptance by any customer (“Buyer”) shall

be governed by all of the following Terms and Conditions. Buyer’s order for any item described in its document,

when communicated to Rubber-Cal, Inc., its subsidiary or an authorized distributor (“Seller’) verbally or in

writing, shall constitute acceptance of this offer. Your access to browsing and/or use of this site are subject to the

following Terms & Conditions and all other terms, conditions or guidelines set out elsewhere in this site, as well as

all applicable laws, rules and regulations.

1. Terms and Conditions of Sale: All descriptions, quotations, proposals, offers, acknowledgments, acceptances,

and sales of Seller’s products are subject to and shall be governed exclusively by the terms and conditions

stated herein. Buyer’s acceptance of any offer to sell is limited to these terms and conditions. Any terms or

conditions in addition to or inconsistent with those stated herein proposed by Buyer in any acceptance of an

offer by Seller are hereby objected to no such additional, different or inconsistent terms and conditions shall

become part of the contract between Buyer and Seller unless expressly accepted in writing by Seller. Seller’s

acceptance of any offer to purchase by Buyer is expressly conditional upon Buyer’s assent to all the terms and

conditions stated herein, including any terms in addition to, or inconsistent with those contained in Buyer’s offer.

Acceptance of Seller’s products shall in all events constitute such assent.

2. Payment: Contingent on the approval of credit, payment shall be made by Buyer net 30 days from the date

of delivery of the items purchased hereunder. Any claims by Buyer for omissions or shortages in a shipment shall

be waived unless Seller receives notice thereof within 30 days after Buyer’s receipt of the shipment. Delinquent

account at 60 days will be placed for collection. A 1-1/12% per month (18% yearly) finance charge will be made

when past due. Buyers without approved credit terms can use Visa, MasterCard, American Express, or Discover

credit cards. Checks or cashiers checks tendered by buyers without open account terms will have a five day

clearing period. Wire instructions are available upon request.

3. Shipping and Delivery: Unless otherwise provided on the face hereof, delivery shall be made F.O.B. Seller’s

plant. Regardless of the method of delivery, however, risk of loss shall pass to Buyer upon Seller’s delivery to a

carrier. Since inventories are not static, any delivery dates shown are approximate only and Seller shall have

no liability for any delays in delivery. All freight or shipping charges are the responsibility of the consignee (i.e.

buyer). All freight or shipping quotes are estimates provided by carriers and Rubber-Cal has no control over

such costs, hence freight charges are subject to change without notice. All incidental and accessorial charges

incurred by third party shipping firms, including fuel surcharges, re-delivery charges, inside deliveries, lift-gate

services, or any other services added by the consignee or their agents are the responsibility of the consignee

(i.e. buyer.)

4. Warranty: Rubber-Cal, Inc. offers the following limited warranty on all floor mats, flooring, mats and matting

products for a period of three years from date of sale to the original purchaser of our products.

I. The product will comply with the technical specifications and be fit for those applications as set forth in the

manufacturer’s published technical and promotional materials at the time of sale. THERE IS NO WARRANTY

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER WARRANTIES WHICH EXTEND

BEYOND THE DESCRIPTION ON THE FACE HEREOF.

II. The product will be free of defects in materials and workmanship (subject to the limitations set forth below)

for a period of three years from the date of purchase from the manufacturer. This warranty is limited to the

repair or replacement of products which are shown to be defective during the Warranty Period. The owner/

end-user agrees not to advance any claim for any other measure of damage or loss. Rubber-Cal, Inc.

shall not be liable for installation, disassembly, removal, disposal, return shipping, or other similar costs. THIS

WARRANTY DOES NOT COVER DISSATISFACTION OR PROBLEMS OR OTHER DAMAGE TO THE MATERIALS AS

DESCRIBED IN THE MANUFACTURER WARRANTY STATEMENT.

Legal & Conditions of Sale

Summary of content (4 pages)

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Legal & Conditions of Sale The items described in this document are hereby offered for sale at prices to be established by Rubber-Cal, Inc., its subsidiaries and its authorized distributors. This offer and its acceptance by any customer (“Buyer”) shall be governed by all of the following Terms and Conditions. Buyer’s order for any item described in its document, when communicated to Rubber-Cal, Inc.
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III. This warranty does not extend to: a. Products which have been improperly installed. b. P roducts installed over improperly prepared sub-surfaces or preparation of sub-base not specifically approved by manufacturer. c. Normal wear and tear of products. d. The surface appearance of the product or color inconsistency. e. P roducts subject to misuse, abuse, neglect, chemical cleaning, adhesives not recommended for use, or contact not specifically approved by manufacturer. f.
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7. Buyer’s Property: Any designs, tools, patterns, materials, drawings, confidential information or equipment furnished by Buyer or any other items which become Buyer’s property, may be considered obsolete and may be destroyed by Seller after two (2) consecutive years have elapsed without Buyer placing an order for the items which are manufactured using such property. Seller shall not be responsible for any loss or damage to such property while it is in Seller’s possession or control. 8.
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14. Attorneys’ Fees: The prevailing party in any action to enforce or interpret the terms of this Agreement shall be entitled to its reasonable attorneys’ fees. 15. Waiver: Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. 16.