Equipment, material and goods (collectively “Goods”) sold by Oregon Breakers, inc. / Re3 Solutions (OBi/Re3) are categorized as follows:
FACTORY NEW: Goods that have been purchased through the Original Equipment Manufacturer’s normal distribution network.
NEW SURPLUS: Goods that are represented as “new,” but have not been purchased through the Original Equipment Manufacturer’s normal distribution network, and may or may not be in the Original Equipment Manufacturer (OEM) packaging.
UNUSED SURPLUS: Goods that have never been energized; however the items may or may not have been previously installed and may or may not be in the Original Equipment Manufacturer (OEM) packaging.
USED: Goods that have been installed and energized.
TESTED: Goods that have been tested to the published design criteria of the OEM or Industry Standards.
AS IS: Goods that have been inspected for external breaks and missing parts. No warranty applies.
PEARL RECONDITIONED: Goods that are returned to safe & reliable operating condition as defined in the PEARL Reconditioning Standard and have been issued a PEARL Quality Seal.
PEARL INSPECT & TEST: Goods that have been inspected and tested as defined in the P.E.A.R.L. Inspect & Test Standard and have been issued a PEARL Quality Seal. This seal may be applied to Factory New, New Surplus, Unused Surplus and/or Used material.
SUBJECT TO PRIOR SALE: Due to the nature of our business as a “Surplus” dealer, the product that we quote is for material that exists in either our inventory or in someone else’s inventory and is not manufactured to order. Therefore, both pricing and availability are not guaranteed if the item that was quoted has been sold prior to our receiving a purchase order for the material quoted.
GENERAL TERMS AND CONDITIONS
Payment Terms: All Cash/Check/Credit-Debit Card Sales are due at time of purchase. Corporate accounts terms of payment are Net 30 days after receipt of material with payment by check or cash. Payment of corporate account charges by credit card will incur a 4% surcharge. All past due accounts will be charged interest at the rate of 1-1/2% per month. All orders are subject to the approval of OBi/Re3’s credit department and may require full or partial payment in advance.
Shipping: All prices quoted are prepaid and CHARGE via UPS or common carrier and are FOB our warehouse in Tualatin, Oregon unless otherwise stated by OBi/Re3. Airfreight and direct orders are shipped prepaid & charge or Freight Collect at Buyers discretion and are FOB point of shipment. Insurance as provided by the carrier may be added to the shipping costs at the discretion of the OBi/Re3. OBi/Re3 will not be responsible for any loss, delay or breakage after receipt of an executed bill of lading or other shipping documents from the transportation carrier indicating the Goods have been shipped in good order. OBi/Re3 shall incur no liability for damage, shortages, or any other cause, alleged to have occurred or existed at, or prior to, delivery of the equipment to the carrier, unless full details are entered on Buyer’s receipt documentation to the carrier.
Delivery: Title will pass and delivery will be FOB point of shipment. Risk of loss or damage will pass to Buyer upon delivery to carrier.
Delays: OBi/Re3 shall not be liable for loss or damage of any kind, resulting from delay or inability to deliver, on account of fire, labor troubles, accidents, acts of civil or military authorities, or from any other cause beyond OBi/Re3’s control.
Cancellation: Orders may be terminated by Buyer prior to shipment and upon payment of reasonable and proper termination charges, plus 25% of the contract price.
Return Policy: All returns will be subject to a restocking fee (fee schedule available upon request). No credit will be issued for any and all freight charges incurred, even if no freight charges were originally billed to Buyer. All credits are subject to inspection and verification of returned material, OBi/Re3 has 30 days to inspect and verify material prior to issuing credit. All returns must be made within 30 days of invoice date. AFTER 30 DAYS, NO CREDIT WILL BE ISSUED.
Installed Material: Any Factory New, New Surplus or Unused Surplus material that has been installed after purchase is NOT returnable for credit. OBi/Re3 may offer to Purchase this material back at 10% of our USED material price at OBi/Re3’s discretion. Any Used material that has been installed after purchase may be returned within a 24 hour period, but will be subject to retesting; if the item tests identically to before it left, then a 25% restocking fee will be applied, if the test results differ, then NO CREDIT will be issued.
All Cash/Check/Credit Card/Debit Card Sales are FINAL – no returns accepted.
Drug Testing: OBi/Re3 does not require Drug Testing of our employees. All quotations are null and void if Drug Testing is required as part of the project and we have not SIGNED an affidavit waiving this clause PRIOR to bidding the project.
OTHER TERMS: OBi/Re3 terms and conditions are the basis of the pricing set forth in all verbal and written quotations. If the customer’s purchase order states terms that contradict or add additional terms not agreed to prior to the quotation, then the quotation is null and void. OBi/Re3 will not be liable for any price changes as a result.
LIMITED WARRANTY POLICY
For a period of one (1) year from the date of shipment of original sale, OBi/Re3 warrants to Buyer that the goods sold or delivered hereunder will be free from defects of material or workmanship, provided that such Goods are normally used and serviced. Buyer’s sole and exclusive remedy under this Warranty shall be limited to either of the following (to be elected by the OBi/Re3): (i) return of goods to OBi/Re3 and OBi/Re3 to credit the original purchase price to Buyer’s account or (ii) repair or replacement by OBi/Re3 of defective Goods. All Warranty work on defective Goods shall be performed at the OBi/Re3’s facility in Tualatin, Oregon or at the OBi/Re3’s discretion at a facility designated by OBi/Re3 for such purposes. In no event shall OBi/Re3 be liable for consequential damages, including but not limited to; costs associated with removal and reinstallation of original or replacement Goods, travel charges, down time and loss of service or use of equipment or facilities, damages from improper installation or use of Goods. The OBi/Re3 is not responsible for any project completion commitments or time commitments, whether stated or implied, as defined by any contracts or agreements that the Buyer has entered into without the OBi/Re3’s specific written acknowledgment and acceptance of this responsibility (acceptance of “Air Freight” or express shipment orders does not constitute the OBi/Re3’s acceptance of said responsibility).
The foregoing Warranty will not apply to defects within the Warranty periods resulting from accident, negligence, abuse or misuse, improper storage or maintenance, improper installation, damage in transit, alterations or repairs, subsequent to the sale or service by OBi/Re3.
EXCEPT AS SET FORTH IN THE FOREGOING PARAGRAPHS, NO WARRANTY, GUARANTEE, REPRESENTATION OR UNDERTAKING, WHETHER STATED OR IMPLIED, WITH RESPECT TO GOODS SOLD HEREUNDER SHALL BIND OR OBLIGATE OBi/Re3 IN ANY WAY. ALL OTHER WARRANTIES, GUARANTEES, REPRESENTATIONS AND UNDERTAKINGS ARE HEREBY EXPRESSLY DISCLAIMED AND DISALLOWED.