Respected Oak Product(s)/Terms & Conditions
1.) ITEM(s) PURCHASED: RESPECTED OAK agrees to sell, and said client agrees to buy, the following product in accordance with the terms and condition of this Contract.
2.) PRODUCT STANDARDS: The product shall comply with RESPECTED OAK quotation dated and incorporated into this Contract by this reference.
3.) TITLE/RISK OF LOSS: Buyer shall pay reasonable shipping costs in accordance with its shipping instructions, but the seller shall be responsible for packaging, shipping and safe delivery and shall bear all risk of damage or loss until the product is delivered to the buyer.
4.) PAYMENT: Payment shall be made to Geronimo Legaspi (President/Founder of Respected Oak) in the amount agreed upon. Delivery of all product(s) described in this Contract.
4-B.) DOWN PAYMENT: RESPECTED OAK Products and Services will not be render to said client until a minimum 30% of the Total Cost is paid to start said Products and Services.
If any invoice in not paid when due, interest will be added to and payable on all overdue amounts at 3% per year, or the maximum percentage allowed under applicable laws, whichever is less, said client shall pay all cost of collection, including without limitation, reasonable attorney fees.
In addition to any other right or remedy provided by law, if said client fails to pay for the Product when due, RESPECTED OAK has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/ or seek legal remedies.
5.) DELIVERY: Time is of the essence in the performance of this Contract. RESPECTED OAK will arrange for delivery by carrier chosen by (UPS/ USPS/FEDEX/ DHL/PERSONAL DELIVERY). Deliver shall be completed
6.) WARRANTIES: RESPECTED OAK warrants that the Product shall be free of substantive defects in material and workmanship.
RESPECTED OAK SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF (SAID CLIENT) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.) FORCE MAJEURE: If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by cause beyond either party’s reasonable control (“FORCE MAJEURE”), and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable effort under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act of omission shall be deemed within the reasonable control of a party of committed, omitted, or caused by such party, or its employees, officers, agents or affiliates.
8.) ARBITATION: Any controversies or dispute arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonable centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials and information in the possession of each party that are in any way relevant to the dispute shall be made available to the party for review and copying no later that 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint order in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligation to the terms of this Contract.
9.) CONFIDENTIALITY: Upon termination of this Contract, both parties will return all records, notes, documentation and other items that were used, created or controlled by both parties during the term of this Contract.
Both parties acknowledge that during this course of this Contract, each may obtain confidential information regarding the other party’s business. Both parties agree to treat all such information and the terms of this Contract as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Contract. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.
10.) ENTIRE CONTRACT: This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreement between the parties.
11.) AMENDMENT: This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
-APPLICABLE LAW. “THIS CONTRACT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.”
WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE. ; )
