Terms and Conditions – HushMat®

Terms and Conditions

All information and graphics (the “Information”) published on the RMD, LLC (“RMD”) website (the “Website”) are subject to the following terms, conditions and notices (“Terms and Conditions”).

By using the Website you are agreeing to the Terms and Conditions without modification. RMD reserves the right to vary the Terms and Conditions at any time without notice. You are therefore advised to review the conditions of use on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after variation.

The Information could include technical inaccuracies or typographical errors. RMD has made reasonable efforts to ensure that the Information is accurate at the time of inclusion. However, like any printed material, the Information may be out of date at the time of access by the visitor. Neither RMD nor any of its subsidiaries shall be liable for any error or omission in, or any failure to update, such Information and any decisions based on the Information are the sole responsibility of the visitor. You are advised to verify the accuracy of any information before acting upon it. RMD reserves the right to make changes to this website at any time without notice.

Disclaimer of Warranties
While RMD endeavors to ensure that the Information is correct, the Information and other content contained in and accessible from the Website is provided on an AS IS basis, without any conditions, warranties or other terms of any kind. To the fullest extent permitted by law, each member of RMD disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation warranties and conditions as to satisfactory quality, fitness for purpose and non-infringement of third-party intellectual property rights) as to any such Information.

Disclaimer of Liability
Unless expressly stated to the contrary, to the fullest extent permitted by law, each member of RMD hereby excludes all liability for any claim, loss, demands or damages of any kind whatsoever (whether such claims were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or the Information, including without limitation, indirect or consequential loss or damage, loss of actual or anticipated profits (including loss of profits on contracts), loss of revenue, loss of business, loss of opportunity, loss of anticipated savings, loss of goodwill, loss of reputation, loss of, damage to or corruption of data, loss of use of money or otherwise, and whether or not advised of the possibility of such claim, loss, demand or damages and whether arising in tort (including negligence), contract or otherwise. This statement does not affect your statutory rights.

The Information on the website does not constitute any contractual or other binding commitment on any member of RMD, nor shall any such Information be construed as an offer or other invitation to purchase or sell goods or services. Any contractual or other binding commitment subsequently entered into regarding goods or services shall be subject to the standard terms and conditions of trading of the relevant member of RMD or such other terms and conditions as are agreed in writing.

The Information does not constitute an invitation to invest in shares or otherwise deal in shares. The Information should not be relied upon in connection with any investment decision. The past performance RMD cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested.

With the exception of websites belonging to other members of RMD, to which these Terms and Conditions apply, RMD is not responsible for the content of any other website, web page or service which you can access via the Website or from which you have accessed the Website (the “Linked Sites”). Linked Sites will be subject to the terms and conditions contained within each such site. RMD provides no guarantee as to the accuracy or reliability of Linked Sites or the information contained therein, and has no responsibility for unintended, objectionable, false or misleading content. RMD should not be taken as having reviewed or approved Linked Sites and RMD accepts no liability, either directly or indirectly, for any distress, loss or damage suffered as a result of accessing Linked Sites.

Any comments or materials sent to RMD through the website shall be deemed to be non-confidential. RMD has no obligation with respect to such comments or materials and shall be free to reproduce, use or distribute such comments or materials without limitation.

The Website, all Information and hypertext links are the property of RMD or its licensors. Images, trade marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the website as you may reasonably require for your own use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited. Any copies of the Information or website pages which you shall make shall retain all copyright and other proprietary notices contained herein.

The website and Information is intended for US residents and others who are able to view the website and Information without causing a contravention of any national or local legal or regulatory requirements. Any disputes relating to or arising from the website and Information shall be subject to and governed by United States of America Law and the United States of America Courts shall have exclusive jurisdiction in respect of them.

Terms and Conditions of Sale

RMD, LLC will require a 25% restocking charge for all material returned for any reason and freight on goods returned by the Buyer will be delivered on a prepaid basis FOB – RMD, LLC Dock.

  1. PAYMENT:  Buyer shall make payment for the full amount of RMD, LLC’s invoice(s) in U.S. Dollars, without discount, adjustments, or set-off.  No other documents of the Buyer will become part of any agreement unless RMD, LLC agrees to such specific documents in writing in advance of any transaction.  If Buyer fails to comply with any of the stated payment terms, RMD, LLC, without limitation, may do one or more of the following: (1) terminate this and any other existing agreement between Buyer and Seller; (2) suspend all deliveries until all indebtedness is paid in full; (3) place Buyer on a restricted basis.

  2. SECURITY INTEREST: The Buyer hereby grants the Seller a security interest in all Products sold to Buyer by RMD, LLC now held or hereafter acquired, and all proceeds thereof which will be deemed collateral for Buyer’s debt to Seller until Buyer has paid Seller for such Product in full.

  3. MATERIAL BREACH: A Material Breach of these Terms and Conditions (Agreement) includes, but is not limited to, the following: Buyers failure to perform any material obligation under this Agreement, Including Buyer’s failure to make any payment in full to Seller when due: any representation by Buyer to Seller relating in any way to financial status or credit responsibility of Buyer or any other party relied upon in granting sale to Buyer, whether heretofore or hereafter, which is untrue or misleading; insolvency of Buyer; assignment by Buyer for the benefit of creditors, institution of proceedings by or against the Buyer in bankruptcy appointment of receiver of Buyer; dissolution, or merger of Buyer and transfer of a substantial part of Buyer’s assets.

  4. REPAYMENT ACCELERATION AND INTEREST: Upon any Material Breach (as defined in Paragraph 3 above) of the Buyer, Seller may terminate Buyer’s credit and /or may declare all outstanding indebtedness of Buyer immediately due and payable and interest thereupon shall accrue from the day after the payment is due at the maximum rate allowable by law.  The payment due date is the payment schedule due date for overdue sums owed and the payment due date for other outstanding indebtedness is the date that such sums are declared immediately due and payable.  Termination, for any reason whatsoever will not relieve Buyer of it’s obligation to settle any unpaid balances due Seller under this Agreement, but shall relieve Seller f any obligation to make additional deliveries.

  5. OFFSETS:  In the event of Buyer’s default under this Agreement, Seller and any of it’s parents, subsidiaries or affiliates, may offset damages arising there from, including, without limitation, withholding payment, delivery or acceptance of Product, material or services, relating to any agreement or transaction with Buyer, its parents, subsidiaries or affiliate.

  6. WARRANTIES: Seller warrants that has marketable title to the Product, free and clear of all liens and encumbrances.  Seller makes no other express or implied warranties beyond that stated on quoted product, statutory or otherwise, concerning the product, including without limitation, no express or implied warranties of fitness for a particular use, or of merchantability.  User is responsible for determining whether the RMD, LLC product is fit for a particular purpose and suitable for user’s method of application.   Please remember that many factors can affect the use and performance of a RMD, LLC product in a particular application.  Given the variety of factors that can affect the use and performance of a RMD, LLC product, some of which are uniquely within the user’s knowledge and control, it is essential that the user evaluate the RMD, LLC product to determine whether it is fit for a particular purpose and suitable for the user’s method of application.

  7. CLAIMS REGARDING PRODUCT:  All claims of Buyer with respect to the quality, quantity, or delivery of Product sold and delivered pursuant to mutual agreement shall be deemed waived and forever barred unless Buyer notifies Seller of the nature and details of the claim(s) in writing to the Seller.  Buyer shall take no disposition action until Seller issues a return or scrap authorization.  Any such claim which is not asserted as a claim, counterclaim defense or set-off in a third party dispute resolution proceeding instituted within one (1) year after the cause of action arises shall be forever waived, barred and released.  If the RMD, LLC product is proven to be defective, THE EXCLUSIVE REMEDY SHALL BE TO REPLACE THE DEFECTIVE RMD, LLC PRODUCT.  RMD, LLC shall not otherwise be liable for any loss or damages, whether direct, indirect, special, incidental, or consequential, regardless of the legal theory asserted, including negligence, warranty, or strict liability. We have made a considerable investment to screen and authorize resellers of our brand.  We do not authorize any sale of our material through Amazon or EBay.  Any HushMat product purchased from Amazon or EBay will not receive any warranty as we cannot verify its authenticity.

  8. ATTORNEY’S FEES/VENUE/CHOICE OF LAW: Buyer agrees to pay all costs of collection and attorney fees in the event of non-payment or breach of contract.  In the event that a collection agency is engaged and/or legal proceedings are commenced in order to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover all cost of collection, including court costs and reasonable attorney’s fees.  Buyer and Seller agree that the sole and exclusive location for any dispute that may arise between them shall be any court of competent jurisdiction located in Johnson County, Kansas.  Buyer and Seller further agree that this Agreement shall be interpreted and enforced according to the laws of the State of Kansas, without regard to conflict of laws principles.  The parties hereto knowingly and intentionally waive the right to a jury trial on any issue or dispute that may arise between them