Terms Conditions and Warranty

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Terms Conditions and Warranty

SALES POLICY: The identity of each Purchaser must be fully disclosed at the time an order is accepted by READY CONTAINMENT, LLC.™. Possession of, or access to, an READY CONTAINMENT, LLC. ™ catalog, literature, or website(s) does not constitute the right to purchase from READY CONTAINMENT, LLC.™.

READY CONTAINMENT, LLC. ™ reserves the right to correct publishing errors. ANY AND ALL PRICES herein are subject to change without notice. Placement of an order shall be deemed as acceptance of these Terms.WARRANTY: Your Purchase may or may not be covered by one of the following LIMITED   CONTAINMENT, LLC. ™ (Ready) warrants, for a SPECIFIC TERM, that the following new READY CONTAINMENT, LLC. ™ Products are free of defects in materials and workmanship:

GROUP A: (Spill Containment Berms) Ready Berms™, Ready “L” Bracket Berms™, Ready Air Berms™, Ready Foam Wall Berms,™ Ready Rapid Entry Berm™ and Ready Berm Liners™ Constructed of XR-5 or other factory approved Fabric. The Specific Term of Warranty is Seven years from READY CONTAINMENT, LLC.’s™ Sale date.

GROUP B: Ready Tanks™ for Fuel and Water constructed using XR-5 or Mil Spec Urethane.

The specific Term of Warranty is Five years from READY CONTAINMENT, LLC.’s™ Sales date.

Group C: Ready Shelters™

The specific Term of Warranty is Five years from READY CONTAINMENT, LLC.’s™ Sales date unless otherwise indicated by contract.

GROUP D: Ready Econo Tanks™ and Ready Econo Berms™ (Made with Vinyl)

The specific Term of Warranty is One year from READY CONTAINMENT, LLC.’s Sales date.

GROUP E: READY Experimental Prototypes.

READY Research & Development Projects.

READY Custom Specialty Products and Accessories.

Carry NO Warranty and are sold SOLELY on a no-assurance basis.

All warranty claims hereunder, shall be made by NOTIFYING READY CONTAINMENT, LLC. ™ via email or other written confirmed communication and requesting a “Return Goods Authorization”. When authorized, return the product clean and free of contaminants, freight prepaid, together with the original invoice and or return authorization number.

Additionally a full written description of the alleged defect to READY CONTAINMENT, LLC. ™ who will, at THEIR SOLE OPTION, repair or replace the warranted item, or credit pro rata to the original purchaser if READY CONTAINMENT, LLC.’s™ examination shall disclose a defect in materials or workmanship, and the item has been returned to READY CONTAINMENT, LLC. ™ within its specific warranty term.

This warranty shall not apply to any product which has been subjected to accident, negligence, disassembly, alteration (including but not limited to improper or faulty repair), abuse, misuse, improper installation or unsuited use.  NOTWITHSTANDING ITS LONG AND ENVIABLE SAFETY RECORD, READY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR CONTINGENT DAMAGES, EXPENSE OR INJURY ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN ITS PRODUCTS OR FROM THE USE OF ANY PRODUCT, DEFECTIVE OR OTHERWISE.  Any warranties implied by law are limited to the duration of this warranty. READY makes no warranty whatsoever with respect to parts or components not supplied specifically for use with READY CONTAINMENT, LLC.’s™ products, nor for any accessory items not manufactured by Ready Containment, LLC™.

READY CONTAINMENT, LLC. ™ reserves the right to make changes in its products at any time. Product refinements or alterations will be made without obligation to change or improve products that were previously manufactured.

Modification of Terms

All customer orders to purchase READY CONTAINMENT, LLC. ™ products are subject to acceptance by READY CONTAINMENT, LLC. ™. READY CONTAINMENT, LLC.’s™ acceptance of any order is conditioned upon the customer’s assent to all terms and conditions applicable to the transaction. No additions or modifications of terms and conditions by customer shall be binding upon READY CONTAINMENT, LLC. ™ unless agreed to by READY CONTAINMENT, LLC. ™ in writing. If a purchase order or other correspondence contains terms and conditions proposed by the customer that are contrary to the applicable terms and conditions herein, READY CONTAINMENT, LLC.’s™ acceptance of any such order shall not be construed as assent to any of the terms and conditions proposed to the customer, and will not constitute a waiver by READY CONTAINMENT, LLC. ™ of any of the terms and conditions pursuant to which this agreement is made. Unless different terms are otherwise specifically agreed to in writing by READY CONTAINMENT, LLC. ™, the terms set forth herein will govern all orders accepted by READY CONTAINMENT, LLC.™.

PRICES All published prices are in U.S. Dollars and must be paid in U.S. Dollars and do not include freight, handling fees, or taxes and/or duties. In the event of a publishing error, READY CONTAINMENT, LLC. ™ reserves the right to charge the correct price. READY CONTAINMENT, LLC. ™ works diligently with our suppliers to maintain pricing but they are subject to change according to market conditions and pricing of market sensitive commodities. Prices on large quantities or for other items not found on our website or other publications are available by request. Please contact our Product Specialists for a quotation on these items.

SALES TAX Customers are responsible for all applicable taxes. State and local sales tax will only be applied to items delivered to customers in the State of Florida unless a validate sales tax exemption certification has been provided.

PAYMENT TERMS READY CONTAINMENT, LLC. ™ accepts cash, checks, money orders, wire transfers, and/or Visa, MasterCard, American Express and Discovery credit cards. For registered customers that have established credit with READY CONTAINMENT, LLC. ™, payment terms of net 30 days from the date of invoice maybe extended at the sole discretion of Ready Containment, LLC.™. Other credit terms or conditions may apply as required for approval by the READY CONTAINMENT, LLC. ™ Credit Department. READY CONTAINMENT, LLC. ™ shall have the right of set-off and deduction for any sums owed. If a customer fails to make payment within thirty (30) days, READY CONTAINMENT, LLC. ™ may defer shipments until such payment is made, or may at its option, cancel all or any part of the unshipped order. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

Custom Product Require Prepayment

CREDIT BALANCE Customer agrees that any credit balances issued will be applied within on (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND READY CONTAINMENT, LLC. ™ SHALL HAVE NO FURTHER LIABILITY.

FREIGHT POLICY FREIGHT IS PREPAID AND ADDED TO CUSTOMER’S INVOICE ON ALL ORDERS, unless otherwise stated, to the customer’s place of business anywhere in the contiguous United States, using the routing of our choice. C.O.D. shipments are not permitted. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling or shipments outside the contiguous United States. Any extra charge incurred for additional services, such as customer’s carrier or special handling at the destination, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file a claim with the carrier. Please note the damage on the delivery receipt and obtain and inspection report from the carrier immediately. Then contact READY CONTAINMENT, LLC. ™ at 1-941-739-9486.

INSPECTION AND ACCEPTANCE Claims for damage, shortage or errors in shipping must be reported within one (1) business day following delivery to the customer. Customer shall have five (5) business days from the date customer receives any products to inspect such products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify READY CONTAINMENT, LLC. ™, of any defects, nonconformance or rejection of such products. Claims for shortages or other errors must be made in writing to READY CONTAINMENT, LLC. ™ within five (5) business days after receipt of shipment, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by the customer. After such acceptance, customer shall have no right to reject the products for any reason or to revoke acceptance. Customer hereby agrees that such five (5) business day period is a reasonable amount of time for such inspection and revocation. Customer shall have no right to order any change or modification to any product or services previously ordered by customer or its representatives or cancel any order without READY CONTAINMENT, LLC.’s™ written consent and payment to READY CONTAINMENT, LLC. ™ of all charges, expenses, commissions and reasonable profits owed to or incurred by READY CONTAINMENT, LLC.™. Specially fabricated, custom or built-to-order products may not be canceled or returned and no refund will be made. The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement of the merchandise subject to the manufacturer’s inspection and warranty and subject to the terms of the LIMITED WARRANTY set forth below.

Product Information

Suitability READY CONTAINMENT, LLC. ™ does not guarantee that our products meet all applicable requirements in each state or locality with varying codes and regulations governing sales, construction, installation, and/or use of products for certain purposes. The customer assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used. Before purchase and use of a product, please review the product application, national and local codes and regulations to be sure that the product, installation and use will comply. The customer, at its own expense, is responsible for applying for and obtaining any permits and inspections required for the installation and/or use of our products. Any recommendations made by READY CONTAINMENT, LLC. ™ concerning compliance, use, design, operation or application of the products shall not be construed as representations or warranties, expressed or implied and shall not impose any liability upon READY CONTAINMENT, LLC. ™. Products sold under these Domestic Sales Terms are for ultimate sale and use within the United States of America only. If Customer purchases the products for export, Customer assumes sole responsibility for compliance with any safety or similar regulation in the country or local of exportation, as well as compliance with any U.S. export regulations in effect at the time of such exportation.

OSHA Hazardous Substance Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are prepared and supplied by manufacturers. The information and recommendations contained on the MSDS are believed by READY CONTAINMENT, LLC. ™ to be accurate. READY CONTAINMENT, LLC. ™, however, makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. READY CONTAINMENT, LLC. ™ disclaims any and all liability to any user.

INDEMNIFICATION READY CONTAINMENT, LLC. ™ shall not be responsible for any losses or damages sustained by the customer or any other person as a result of improper installation or misapplication of the products. The customer shall defend, indemnify and hold harmless READY CONTAINMENT, LLC. ™ and its owners, 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, READY CONTAINMENT, LLC.’s owners, 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 the customer or of the information, designs, services or other work supplied to the customer, whether caused by the concurrent and/or contributory negligence of customer, READY CONTAINMENT, LLC. ™, or any of their owners, agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.

PRODUCT RETURNS All product returns must be authorized by READY CONTAINMENT, LLC. ™. If you would like to return a product, please contact Customer Service at 1-941-739-9486 for return instructions. Products that are stocked by READY CONTAINMENT, LLC. ™ may be returned within 30 days for credit, exchange or refund. The customer is responsible for shipping costs both ways and a restocking charge of 20% will be applied. Returns after 30 days from ship date will not be accepted. A customer may only return a product provided it is in new condition, suitable for resale in its undamaged original packaging and with all its original parts and it has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged. Any product that is returned not in this condition, the customer will be charged a deduction for the cost of putting the product in a salable condition. Non-stock items may be returned only if the manufacturer will accept the return. Specially fabricated, custom or built-to-order products may not be returned, and no refund will be made. READY CONTAINMENT, LLC. ™ reserves the right to refuse any return not in compliance with the above. Products cannot be shipped back without authorization from READY CONTAINMENT, LLC. ™ and any products returned unauthorized will cause your credit to be delayed or denied. Please return all products freight prepaid as no COD or Freight Collect shipments will be accepted.

Additional Terms

 Trademarks & Copyrights/Intellectual Property Rights Customer acknowledges that they have no right, title or interest in the trademarks or copyrights in the products, or any other intellectual property rights of READY CONTAINMENT, LLC. ™ or the manufacturer in the products, including but not limited to any patents, and customer covenants that it will take no action to register or otherwise interfere with such rights, and that it will not copy, reverse engineer or otherwise infringe on any such intellectual property rights.

Governing Law & Limitations/Venue The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Florida, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. Venue for any legal proceedings under this Agreement shall be in Sarasota County, Florida or if in any U.S. Court sitting in Sarasota County. Customer irrevocably agrees to the jurisdiction of such courts and hereby waives its right to the jurisdiction of any other court to which Customer may otherwise be entitled by virtue of Customer’s place of residence or otherwise.

Dispute Resolution Actions by READY CONTAINMENT, LLC. ™ for nonpayment by the customer of the purchase price of products sold by READY CONTAINMENT, LLC. ™, or for redress of other breaches by the customer of the Terms and Conditions of Sale may be brought by READY CONTAINMENT, LLC. ™, at its option, before any judicial court of competent jurisdiction in Sarasota County. Customer irrevocably agrees to the jurisdiction of such courts and hereby waives its right to the jurisdiction of any other court to which Customer may otherwise be entitled by virtue of Customer’s place of residence or otherwise. At READY CONTAINMENT, LLC.’s option, disputes between the Customer and READY CONTAINMENT, LLC. ™, including all claims for non-performance by READY CONTAINMENT, LLC. ™, shall be finally settled by binding arbitration in the State of Florida, USA under the Rules of the American Arbitration Association applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of Florida, USA.

Force Majeure READY CONTAINMENT, LLC. ™ shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of READY CONTAINMENT, LLC. ™ in the conduct of its business.

Security Interest Sales on open account may be approved, in READY CONTAINMENT, LLC.’s sole discretion, on a case-by-case basis. On any sales on open account, the Customer hereby grants to READY CONTAINMENT, LLC. ™ a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to READY CONTAINMENT, LLC. ™. Customer agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Customer represents that any products purchased on open account terms will be maintained within the Continental United States at all times while the account is unpaid.

Assignment Customer shall not assign any order or any interest therein without the written consent of READY CONTAINMENT, LLC. ™. Any actual or attempted assignment without READY CONTAINMENT, LLC.’s prior written consent shall entitle READY CONTAINMENT, LLC. ™ to cancel such order upon notice to customer without liability to READY CONTAINMENT, LLC. ™.