Terms and Conditions

Acceptance. The terms and conditions of this Offer shall apply and become a part of the contract between Seller and Buyer unless specifically changed in writing and signed by an executive officer of the Seller. The terms and conditions of this Offer shall in all cases, without exception, control and take precedence over any terms and conditions in Buyer’s acceptance. Buyer’s acceptance of this Offer shall be prima facie evidence of acceptance by Buyer of Seller’s terms and conditions as controlling. Any conflicting terms and conditions in any purchase order, acknowledgement or other document utilized by Buyer in this transaction, are expressly rejected by Seller.
Offer and Price Increases. This offer shall constitute an offer to sell goods and or services described herein by Rain Harvesting Solutions, Inc. herein known as SELLER. This offer shall be construed as an inviting acceptance by Owner herein known as BUYER, in any reasonable manner. If Sellers steel or other material supplier increases its prices materially to Seller prior to delivery of goods, Seller may increase selling price of the goods by an amount equal to the percentage increase in the cost of Seller’s steel or other materials from date of Buyer’s acceptance of Seller’s offer and the effective date of steel or other material increase to Seller. Seller shall give Buyer 30 days written notice of any such increase; and, unless Buyer shall within such period notify Seller in writing that it is unwilling to accept any such increase, the increased price shall be paid on all goods shipped after such 30-day period. If Buyer shall notify Seller in writing of its dissent, Seller shall have the right to cancel this Offer by giving to Buyer written notice within ten days after receipt by Seller of Buyer’s notice Clerical errors are subject to correction by Seller. Any items not specifically mentioned in your quote shall be the responsibly of others.
Delivery. Title to the goods shall pass to Buyer when the goods are duly delivered to Carrier, except where Buyer requests a delay in shipment, in which case the title shall pass to the Buyer when the goods are ready for shipment. If Buyer requests a delay in shipment, then Buyer shall pay Seller’s standard storage charges for the period from the scheduled shipment date to the actual date of shipment. There must be adequate room for the delivery vehicle to turn around and back up. If the delivery location is not adequate for delivery the order will be dropped at the closest area to your chosen location. Shipments that are re-directed to an alternate location, by the customer or due to access conditions, may incur additional shipping charges, which will be billed directly to you the customer.
Warranty. Unless other wise noted, all products sold by Rain Harvesting Solutions, Inc. shall be solely warranted by the manufacturer and shall be governed by the manufacturer’s terms and conditions. National Storage Tank, Inc. holds no warranty on products sold either expressed or implied as to the condition, merchantability, fitness for a particular purpose. Nor any other matter concerning the materials described herein and buyer accepts the materials as is. Rain Harvesting Solutions, Inc. will be held harmless from all mitigation and or legal action caused by defects in manufacturer’s products including but not limited to consequential damages. Rain Harvesting Solutions, Inc. does agree to mediate between buyer and products manufacturer if required or requested by customer. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RESPECTING THE GOODS OTHER THAN OR DIFFERENT FROM THE MANUFACTURER’S WARRANTY.
Loss or Risk. All Products that Rain Harvesting Solutions, Inc. delivers is received by the carrier in good and whole condition. The risk of loss to the goods shall pass to Buyer when the goods are duly delivered to the Carrier. The processing of freight claims or loss claims is the responsibility of Buyer. In no event shall Seller be responsible for any INCIDENTAL, PUNITIVE OR CONSEQUENTIAL damages, or damages arising out of or in connection with the use of goods, including without limitation the loss of contents. The Manufacturers limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state. When receiving merchandise from a freight carrier, you must make a complete visual inspection before signing the delivery receipt. Upon completing your visual inspection, please take one of the following courses of action if a problem is encountered: If unacceptable damage is evident, you may immediately call our Shipping Department at 707.537.7433 to gain authorization to refuse the product and have it return shipped to Rain Harvesting Solutions. At the time of pick-up the title of merchandise is passed to you, the customer upon delivery. If the product is incomplete in any visual or cosmetic damage is assessed you must properly note each item in question on the delivery receipt at the time of delivery then notify Rain Harvesting Solutions. SEE MANUFACTURERS LIMITED WARRENTY. Unless noted, this agreement does not contemplate any future performance by Seller after the tender of delivery of goods. If Buyer desires to make a claim, Buyer must do so with Freight carrier and/or Manufacturer. The risk of loss or destruction of, or damage to the materials shall be on the Buyer from and after delivery of the materials to Buyer or carrier, whichever occurs first.
Insurance: Unless otherwise noted, 3rd Party insurance is not included. If 3rd party insurance is needed or required, all costs for the additional 3rd party insurance is the responsibility of the BUYER including payment for services rendered by RHSI staff.
Method of Shipment & Freight or Transportation Charges. Orders specifically including freight or other transportation charges are based on rates in effect on date of acceptance of this Offer and on the routing of shipment arranged by Seller. Seller will ship goods in accordance with Buyer’s routing whenever such routing will not result in an increase in freight or other transportation charges. In the event of such increases, the payment of any additional freight or other transportation charges is guaranteed by Buyer to Seller’s satisfaction. The goods shall be packaged for shipment at the lowest acceptable rate by common or other carrier, or any other method deemed necessary or advisable by Seller. Marking shall be in accordance with ordinary commercial practice at place of shipment, unless otherwise designated by Buyer and accepted by Seller. If the delivery truck is unable to reach your location or if a special truck is required to deliver your order, additional shipping charges may be incurred. If your merchandise happens to be over-sized, or when any of the following are required or encountered:, Special Routing, Road Construction or Re-Routing of a Truck or vehicle, Special Permits Truck Size Restrictions, Customer Delays, Pilot Cars, Escorts, Locked Gates, or any other delayed expenses, additional shipping charges may be incurred and billed directly to you the customer.
Superior Force. Shipping and delivery dates are approximate and are based upon Seller’s ability to obtain all necessary labor, materials and parts and, where applicable, the receipt of all necessary information, plans or specifications from Buyer. Seller shall not be liable for damages resulting from any delay or failure to deliver the goods, or otherwise perform under this Offer, due to circumstances beyond its control and not occasioned by its fault or negligence, including but not being limited to, any act of government, inability to obtain materials, failure of vendors, strikes, labor disputes, civil commotion, acts of God, or other occurrences rendering Seller’s performance commercially impracticable, regardless of whether such occurrences are foreseeable. In the event of a production shortage, Seller shall have the right to allocate its available goods among its customers in such a manner as Seller shall desire.
Invoice & Hold. Buyer accepts title on the later of when the units are completed or the promised ship date. Buyer will be invoiced immediately and accept responsibility for payment and any applicable storage fees.

Storage Fees – one (1) weeks “grace period” from agreed upon promised ship date – no charge. A charge of $50/tank/week for bolted tanks will be assessed for weeks 2-7. A charge of $100/tank/week for welded tanks will be assessed for weeks 2-7. The maximum storage period is seven (7) weeks. It is Buyers responsibility to make arrangements for shipments so that the maximum storage period is not exceeded.
Payment Terms. Subject to satisfactory credit approval

DOMESTIC SALES:

Special Orders Payment -100% Pre-Pay, No returns or exchanges on special order items. No retainages allowed.

Approved Credit Terms up to $10,000.00
2% 10 Net 30 Days from ready to ship and or shipment of goods.

For Orders Over $10,000.00 and Under $100.000.00

25% upon placement of order by buyer.
25% due upon receipt of calcs, engineering.
30% due upon release for fabrication.
20% due upon completion of tank not total project. No retainages allowed.

For Orders more than $100,000
25% upon placement of order by buyer.
25% due upon receipt of calcs, engineering.
40% due upon release for fabrication.
10% due upon completion of tank not total project. No retainages allowed.

PROJECT EXPEDITE TERMS – Modified lead times given upon approval by RHSI.
50% upon placement of order by buyer.
30% due upon release for fabrication.
20% due upon completion of tank not total project. No retainages allowed.

Other payment terms are available from Rain Harvesting Solutions, Inc. Each order and product type will be reviewed at time of established credit account and terms may very and be approved by RHSI. All varied terms will be given in writing and accepted by customer upon receipt of RHSI invoice.

INTERNATIONAL SALES: Payment - 100% Irrevocable Letter of Credit confirmed by a major U.S. bank, payable at sight upon presentation of clean on-board Bill of Lading (ocean or air) and other shipping documents as required.
Credit Approval. This Offer is subject to (a) execution by Buyer of such additional contract documents, security agreements, notes or other instruments as Seller shall deem necessary or desirable and (b) Seller’s review and acceptance of the financial condition of Buyer. If the financial condition of Buyer at any time does not in the sole judgment of Seller, justify continuance of shipment under the terms of this Offer, Seller reserves the right to ship under reservation, or to require full payment before shipment, delivery and or fabrication. Additionally, Seller may at its discretion file such notices for financial protection under the lien or bond statutes of each state.
Drawback Rights. Rain Harvesting Solutions, Inc. and its associates reserve all drawback rights for materials it produces and sells to Buyer. If Buyer exports the product which Seller manufactures, it is agreed that evidence of exportation shall be supplied to Seller to facilitate its claim of drawback upon request and without charge to Seller.
Secure Payments. To secure payment for goods, Buyer grants to Seller a security interest in the goods and agrees that Seller shall have the rights and remedies of a secured party under the Uniform Commercial Code. Buyer designates Seller as its attorney-in-fact to execute any financing statements on behalf of Buyer necessary to perfect such security interest.
Taxes. Seller’s prices do not include sales, excise or similar taxes levied by government authority, either foreign or domestic unless specifically noted within your proposal. Consequently, in addition to the prices specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to this transaction, shall be paid by Buyer as part of this sale, or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to taxing authorities of the Shipped-To state. On any material picked up by Buyer at the plant, the tax jurisdiction of the FOB state is applicable.
Additional Work. No extra labor, materials or parts will be furnished under this Offer, unless it has been ordered by buyer on Seller’s sales order form, and the prices and terms of sales are approved by Seller
Infringement. Seller, at is own expense, shall defend the Buyer against any claims which may be instituted against the Buyer alleging infringement of United States Patents relating to the subject matter of the accompanying sales proposal, provided the Buyer gives Seller immediate notice in writing of any such alleged patent infringement claim and permits Seller, through its own counsel, to defend such claim. In such cases, Buyer shall furnish Seller with all needed information and assistance. The obligations of Seller hereunder shall not extend to any infringement claims arising as a result of the use of the equipment as part of any combination of other devices, machinery or parts.
Order Cancellation, etc. Buyer’s cancellation of any order is required to be in writing, and Buyer is subject to pay a cancellation fee equal to 25% of the total purchase price plus all non-recoverable costs and expenses.
Return Policy. Due to the nature of Water Storage Tanks, Rain Harvesting equipment, and other related equipment we do not accept any returns or refunds.
Law. The rights and obligations of the parties shall be governed by the domestic laws of the State of California without regard to its conflict of law rules or the United Nations Convention for the International Sale of Goods.
Arbitration. Any dispute, controversy or claim arising under this agreement shall be settled by arbitration in Santa Rosa, California, pursuant to the American Arbitration Association rules.
Entire Agreement. This Offer contains the entire agreement between Seller and Buyer, and no modification of this Offer shall be binding upon Seller unless evidenced by an agreement in writing signed by an executive officer of Seller after the date hereof. No oral or written statements by Seller’s sales representatives, or other agents, made after the date hereof shall modify or vary the express terms hereof unless evidenced by an agreement in writing signed by an executive officer of Seller after the date hereof. To the extent any advertising or promotional material of Seller contradicts or disagrees with the terms hereof, Seller and Buyer agree that the terms hereof shall control and that such advertising and/or promotional materials are not part of the agreement between Seller and Buyer.
Confidentiality of Proposal. All terms and conditions of this Offer shall be held in strict confidentiality by the Buyer and shall not be divulged by the Buyer to any other person or entity without the express prior written approval of Seller.