Home » TERMS AND CONDITIONS OF SALE AND USE GENERAL

PATENT INDEMNITY

Reckbon shall defend any third-party suit against Customer and pay any adverse judgment based on a claim that Customer’s use of Product sold/leased by Reckbon constitutes infringement of any U.S. patent, provided Reckbon is notified promptly in writing and has authority, information, and assistance to defend. Reckbon may, at its option, (1) obtain for Customer the right to continue using the Product, (2) modify the Product to be non-infringing, (3) replace the Product with non-infringing Product, or (4) remove the Product and refund the purchase price or cancel the lease agreement. This paragraph states the entire liability of Reckbon for patent infringement. If the Product is (a) designed per Customer’s specifications, or (b) bears markings/trademarks/logos specified by Customer, then Customer will defend and hold Reckbon harmless from claims of infringement arising therefrom.

LIMITATION OF LIABILITY

THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE. RECKBON’S LIABILITY FOR ANY BREACH OF CONTRACT OR FOR PRODUCT SOLD/LEASED SHALL BE LIMITED TO THE CONTRACT PRICE OF THE PRODUCT AT ISSUE (OR, IN THE CASE OF LEASED PRODUCT, THE AMOUNT PAID TO DATE FOR THAT PRODUCT), EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY RECKBON.

BEFORE CUSTOMER MAY RECOVER ANY DAMAGES, RECKBON SHALL HAVE THE RIGHT TO CORRECT ANY DEFECT OR NON-CONFORMITY WITHIN A REASONABLE TIME OR, IF UNABLE OR UNWILLING, REFUND THE PRICE.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, LOSS OF USE, DOWNTIME COSTS, OR CLAIMS OF THIRD PARTIES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, OR ANY OTHER THEORY.

SUBMITTAL

Any design, drawings, or materials submitted by Reckbon remain its sole property and shall not be disclosed to any third party without prior written consent. All such designs, drawings, and materials must be returned to Reckbon immediately upon termination of the Agreement.

ENVIRONMENTAL AND SAFETY REQUIREMENTS

Because compliance with federal, state, and local laws/regulations regarding safety and environmental matters depends on use, installation, and operation (and is outside Reckbon’s control), Reckbon assumes no responsibility for such compliance.

MISCELLANEOUS

If any provision herein is held invalid or unenforceable, the remaining provisions shall remain valid. Reckbon’s failure to enforce any provision or require performance shall not be deemed a waiver of that provision.

UPDATES. THESE STANDARD TERMS AND CONDITIONS MAY BE MODIFIED, AMENDED, AND UPDATED FROM TIME TO TIME AT THE SOLE DISCRETION OF RECKBON.