Terms and Conditions
Masco Bath Corporation Terms and Conditions
This acknowledgement and acceptance is expressly limited to and made conditional upon Buyer's acceptance of the terms and conditions contained herein and in any quotation and buying agreement. Also includes any previously furnished agreements to the Buyer by the Seller. Any of the Buyer's terms and conditions which are in addition to or different from those contained herein which are not separately agreed in writing (except additional provisions specifying quantity, description of the products ordered, and shipping instructions) are material and are hereby objected to and rejected. Buyer will in any event be deemed to have assented to all terms and conditions contained herein.
All allowances, rebates, incentives, or other amounts offered from time to time (collectively "Programs") by the Seller are earned and payable only if the Buyers accounts (including those of subsidiaries and affiliates) are current with all Masco Corporation subsidiaries and affiliates. In addition, programs are not earned or payable if the ratings by any agency, such as S&P, Moody's, or Fitch, relating to Buyer's company, parent, subsidiaries, or affiliates, are lower than investment grade quality. Any earned payment may be withheld or used to satisfy any of the accounts or obligations to a Masco Company subsidiary or affiliate.
The pricing for products are set by the Seller to prices in effect for the Buyer at the time of shipment. In addition to the prices specified, the buyer agrees to pay any federal, state or local excise, use, occupational, or similar tax now in force or to be enacted in the future, assessed against Seller or Buyer by reason of the transaction.
Shipment and Delivery
The shipment and delivery of goods and performance of work shall at all times be subject to the approval of the Seller's credit department. The Seller may at any time decline to make a shipment or delivery of product or perform any work except upon receipt of payment upon the Seller's terms and conditions that were accepted by the Buyer and are now satisfactory to the Seller.
Remedies of Account
Interest on all past-due accounts shall accrue and shall be payable by the Buyer to the Seller at the maximum rate of interest allowed by law. The rights and remedies reserved to the Seller shall be cumulative and additional to all other remedies provided by law or equity. Seller shall be entitled to recover costs and attorney fees in the enforcement or defense of any rights under any order.
Patents, Inventions, Technical Data
Buyer does not and shall not acquire ownership or any rights in Seller's patents, inventions, and /or technical data under any order, regardless of when such patents, inventions, and/or technical data may or have been issued, conceived, generated or produced. All Seller's patents, inventions, information and/or technical data are reserved by the Seller, and the same shall not be reproduced or used by the Buyer for any purpose whatsoever without the Seller's written permission.
No order or any claim against Seller arising directly or indirectly out of or in connection with an order shall be assignable by the Buyer without the prior written consent of the Seller.
All products that are manufactured by us are warranted by us to be free from defects in material and workmanship under normal use and service when installed, used and serviced in the manner intended. You acknowledge that you alone have determined that the products will suitably meet the requirements of your intended use. Performance data given by us is provided as a guide for the user in determining suitability and does not constitute a warranty. Actual performance is subject to our Warranty and other limitations set forth in these Terms. Our services will be provided in an efficient manner, using the necessary skill and expertise, and to a professional standard. By a "professional standard", we mean the standard generally achieved in our industry by firms providing similar services. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. [WE WILL NOT BE RESPONSIBLE FOR ANY CONFORMITY WITH ANY STANDARDS, CODES, OR REGULATIONS WHICH APPLY TO THE COMBINATION OF OUR PRODUCTS IN YOUR APPLICATION OR USE OF THE PRODUCT.]