Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our RD Mathis Company’s use of cookies in accordance with the terms of RD Mathis Company’s privacy policy / cookies policy.

Online Store

DELIVERY: RD Mathis Co. (hereinafter called the “Corporation”) shall not be liable for loss, damage, detention or delay from causes beyond its reasonable control, such as acts of God, acts of Purchaser, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, quarantine restrictions, war, riot, delays in transportation, car shortages, and inability due to causes beyond its reasonable control to obtain necessary labor, materials or manufacturing facilities. Actual receipt of the products by the Purchaser shall continue a waiver of all claims for delay.

Shipping dates are approximate and based on prompt receipt of all necessary information from the Purchaser. The products covered by this order shall be deemed finally inspected and accepted within ten days after the delivery thereof unless notice of rejection or notice of any claim is given in writing to the Corporation within said period. Acceptance as aforesaid shall constitute acknowledgment of full performance by the Corporation of all its obligations hereunder except as further stated under paragraph entitled “Warranty”.

RETURNS: After purchase and delivery, any products returned may be subjected to a restocking fee before credit is issued to a customer. Returned parts will require pre-approval and pre-assigned “Return Material Authorization” number (RMA). Return of products is at the discretion of the corporation.

PAYMENTS: If, in the judgment of the Corporation, the financial condition of the Purchaser at any time does not justify continuance of production or shipment on the terms or payments specified herein, the Corporation may require full or partial payment in advance. Prorated payments shall become due as shipments are made. If shipments are delayed by the Purchaser, payments shall become due from the date when the Corporation is prepared to make shipment. If manufacture is delayed by the Purchaser, payments shall thereupon be made based on the contract price and per cent of completion. Products held for the Purchaser shall be at risk and expense of the Purchaser.

TAXES: Prices do not include state or local taxes, if any, based on or measured by the sales price, which tax or taxes will be added to the prices where applicable.

TITLE: Unless provided otherwise by special conditional sale agreement, the existence of which shows on the face of this paper, title to the products sold as herein, specified shall pass from the Corporation to the Purchaser upon delivery to the carrier by the Corporation. Purchaser shall specify carrier and method of shipment. Insuring product shipments will be at the discretion and expense of the purchaser. In no event shall the Corporation be liable for any loss after delivery of the products to the carrier. All drawings, novel techniques, and inventions made by the Corporation in the fulfillment of this order shall be property of the Corporation. The Corporation grants no license by this sale under any patent rights it may now own or hereafter acquire except the right to use the equipment sold hereby for the purpose for which it is sold under such claims only as cover said equipment as sold by the Corporation.

WARRANTY: All parts shipped from Corporation are to be free of material, workmanship and functional type defects. Cosmetic imperfections are not considered defects. All products produced by the corporation may be considered consumable and do not have a specified lifetime. All products are to meet general standard specifications. This warranty applies to all items produced by the Corporation unless stated in writing otherwise.

GENERAL: Prices are subject to change without notice. The contract of sale shall be construed in accordance within the laws of California. This contract of sale constitutes the entire agreement between the parties, and the Corporation shall not be bound by any agent’s or employee’s representation, promise, or inducement not set forth herein. No waiver, alteration, or modification of any provisions hereof shall be binding on the Corporation unless in writing and signed by its duly authorized representatives. In no event shall the Corporation be liable for any consequential damages to purchaser’s products or systems or losses of any kind. The total liability for the Corporation shall not exceed the cost of part sold to the purchaser. The purchaser shall not assign this contract or any rights hereunder without consent of the Corporation. Should invoice not be paid when due, material may be repossessed at seller’s option with or without due process of law, to satisfy balance due. Any expense incurred by repossession of material to be added to balance due on invoice plus a reasonable amount for attorney’s fee, but in no case less than $100.00.

License to Use Website

Unless otherwise stated, RD Mathis Company and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution.)

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without RD Mathis Company’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without RD Mathis Company’s express written consent.

Restricted Access

Access to certain areas of this website is restricted. RD Mathis Company reserves the right to restrict access to other areas of this website, or indeed this entire website, at RD Mathis Company’s discretion.

If RD Mathis Company provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

RD Mathis Company may disable your user ID and password in RD Mathis Company’s sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to RD Mathis Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to RD Mathis Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or RD Mathis Company or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

RD Mathis Company reserves the right to edit or remove any material submitted to this website, or stored on RD Mathis Company’s servers, or hosted or published upon this website.

Notwithstanding RD Mathis Company’s rights under these terms and conditions in relation to user content, RD Mathis Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied.  RD Mathis Company makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, RD Mathis Company does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

RD Mathis Company will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if RD Mathis Company has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit RD Mathis Company’s liability in respect of any:

• death or personal injury caused by RD Mathis Company’s negligence;
• fraud or fraudulent misrepresentation on the part of RD Mathis Company; or
• matter which it would be illegal or unlawful for RD Mathis Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, RD Mathis Company has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against RD Mathis Company’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect RD Mathis Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as RD Mathis Company.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify RD Mathis Company and undertake to keep RD Mathis Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by RD Mathis Company to a third party in settlement of a claim or dispute on the advice of RD Mathis Company’s legal advisers) incurred or suffered by RD Mathis Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to RD Mathis Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, RD Mathis Company may take such action as RD Mathis Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

RD Mathis Company may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

RD Mathis Company may transfer, sub-contract or otherwise deal with RD Mathis Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and RD Mathis Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Los Angeles County.

 

RD Mathis Company Details

The full name of RD Mathis Company is R.D. Mathis Company.

RD Mathis Company’s registered address is P.O. BOX 92916, Long Beach, CA 90809-2916

You can contact RD Mathis Company by emailing info@rdmathis.com.