GENERAL

RAMA CORPORATION IS THE “SELLER” FOR ALL TRANSACTIONS CONTEMPLATED HEREIN.
ANY PERSON PURCHASING FROM SELLER IS HEREIN REFERRED TO AS THE
“PURCHASER”. THE PRODUCT, INCLUDING SPARE OR REPLACEMENT PARTS OF
PRODUCTS SOLD BY SELLER ARE HERIN REFERRED TO AS “PRODUCTS”.

ACCEPTANCE

SELLERS ISSUANCE OF THIS FORM IS EXPRESSLY MADE CONDITIONAL UPON PURCHASER’S
ACCEPTANCE THAT THESE TERMS AND CONDITIONS CONSTITUTE THE SOLE AND EXCLUSIVE
AGREEMENT (THE “CONTRACT”) BETWEEN SELLER AND PURCHASER. SUCH ASSENT
SHALL BE DEEMED GIVEN UNLESS PURCHASER NOTIFIES SELLER IN WRITING OF ITS
SPECIFIC OBJECTION TO ANY SUCH TERM(S) OR CONDITIONs(S) WITHIN 48 HOURS AFTER
THE ACKNOWLEDGEMENT SENT FOR THIS ORDER

GOVERNING LAWS

ALL DEALINGS BETWEEN SELLER AND THE PURCHASER AND THESE
TERMS AND CONDITIONS OF SALE, SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF CALIFORNIA IN WHICH THE SELLER IS INCORPORATED

PAYMENT TERMS

PAYMENT TERMS ARE NET 30 DAYS FROM DATE OF INVOICE
ANY PAYMENT MADE VIA CREDIT CARD WILL BE TREATED AS CASH IN ADVANCE
ALTERNATE PAYMENTS ARE WIRE TRANSFER OR CHECK
PURCHASER SHALL PAY TO SELLER THE INVOICE PRICE OF THE PRODUCTS SOLD
HEREUNDER, WITHOUT ANY DEDUCTIONS OR SETOFF.

PRICES

PRICES, DISCOUNTS, DELIVERY AND DESIGNS ARE SUBJECT TO CHANGE WITHOUT NOTICE
AND WILL BE CONFIRMED AT TIME OF SUBMISSION OF PURCHASE ORDER
UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES, FREIGHT, INSURANCE ARE NOT
INCLUDED IN PRICE. IN ADDITION ANY SALES, USE, OR VALUE ADDED TAXES ARE NOT
INCLUDED IN PRICE

FOB

ALL ITEMS ARE FOB SAN JACINTO, 600 WEST ESPLANADE AVE SAN JACINTO CA 92583

SHIPPING

RAMA OFFERS UPS AND FED EX SHIPPING TO PREPAY AND ADD OR TO SHIP AGAINST
A PURCHASER ACCOUNT. RAMA CUSTOMERS ARE FREE TO USE ANY SHIPPING COMPANY
OF THEIR CHOOSING BUT THE PURCHASER IS RESPONSIBLE FOR SCHEDULING UP PICK UP

CREDIT

RAMA HAS THE RIGHT TO REVIEW AND ACCEPT CREDIT AT WILL.
IF ANY CUSTOMER GOES BEYOND THE AGREED UPON TERMS THEY ARE SUBJECT TO
CREDIT RENEGOTIATION OR REVOCATION AND WILL BE DEEMED CIA (CASH IN ADVANCE)

RETURNS

ALL MAKE TO ORDER PARTS ARE NON RETURNABLE/NON REFUNDABLE
RETURNS WILL BE ACCEPTED ONLY IF AND AFTER A RETURN MATERIAL AUTHORIZATION
NUMBER (RMA) AND SHIPMENT INSTRUCTIONS HAVE BEEN ISSUED BY
CUSTOMER SERVICE IN ADVANCE OF RETURN. ALL RETURNS MUST BE SHIPPED AND
AND INSURED AT PURCHASER’S EXPENSE AND HAVE THE RMA NUMBER VISIBLE FROM
THE OUTSIDE OF THE PACKAGE

RESTOCKING CHARGE

STOCK HEATERS, WITHIN REASON, WHICH HAVE NOT BEEN USED, DAMAGED OR ALTERED
CAN BE RETURNED FOR A 20% RESTOCKING CHARGE WITH A MINIMUM CHARGE OF $40,
MODIFIED STOCK ITEMS MAY NOT BE RETURNED.
MAKE TO ORDER ITEMS ARE NOT ACCEPTED FOR RETURN UNLESS AGREED TO BY SELLER
WHEN PURCHASER DEEMS EXACT QUANTITES NECESSARY

CHANGE ORDERS AND CANCELLATIONS

CHANGE ORDERS AND/OR CANCELLATIONS ON ALL PRODUCTS SUBJECT TO A BINDING
PURCHASE WILL BE ACCEPTED UNTIL WE HAVE BEGUN PRODUCTION OF THE PRODUCT
CHANGE ORDERS FOR BETTER PRICING WILL BE EVALUATED AND ACCEPTED WITHIN
24 HOURS OF THE ORIGINAL PURCHASE ORDER. IF ANY CHANGES CAUSE AN INCREASE
IN THE COST OF THE PRODUCT OR OUR TIME REQUIRED FOR PERFORMANCE, WE MAY
REQUIRE A MODIFICATION TO THE PRICE OR DELIVERY SCHEDULE OR BOTH. IN
ADDITION, PURCHASER WILL BE LIABLE FOR ALL CHARGES AND OTHER DAMAGES
RAMA MAY INCUR AS A RESULT OF THE CANCELLATION OR CHANGE.

VARIATION IN SHIPMENTS

IN ALL CASES RAMA STRIVES FOR SHIPMENTS AT THE EXACT QUANTITIES ORDERED.
MINOR VARIATIONS IN QUANTITIES IN THE MANUFACTURE OF INDUSTRIAL ELECTRIC
HEATERS MAY OCCUR. THIS IS EMINENTLY PREVALENT IN SWAGED ITEMS.
THE FOLLOWING ALLOWANCES ARE PRESENT
ALL CARTRIDGE, TUBULAR, COILED NOZZLE, BAND OR STRIP HEATERS WILL HAVE A
PLUS/MINUS 5% SHIPPING TOLERANCE ON ALL ORDERS

WARRANTY

ALL RAMA PRODUCTS ARE WARRANTED TO BE FREE OF DEFECTIVE MATERIAL AND
WORKMANSHIP FOR A PERIOD OF 1 YEAR FROM DATE OF SHIPMENT FROM RAMA
RAMA ONLY WARRANTS FORM, FIT AND FUNCTION OF THE PRODUCT. RAMA DOES NOT
WARRANT CUSTOMER APPLICATION.

LIMITATION OF LIABILITY

IN THE EVENT OF BREACH OF ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OR IN
THE EVENT THE PARTS ARE FOUND TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL OR
FAILS TO CONFORM TO THE SPECIFICATIONS THEREFORE, OUR LIABILITY SHALL BE
LIMITED TO THE REPAIR OR REPLACEMENT, FOB OF FACTORY, OF SUCH EQUIPMENT AS IS
FOUND TO BE DEFECTIVE OR NONCONFORMING OR AT OUR OPTION, TO THE RETURN
OF THE PURCHASE PRICE AGAINST REDELIVERY TO US OF THE EQUIPMENT,
PROVIDED THAT WRITTEN NOTICE OF ANY SUCH DEFECT OR NONCONFORMITY MUST BE
GIVEN TO US WITHIN 12 MONTHS FROM DATE OF SHIPMENT FROM FACTORY.

INDEMNIFICATION

IN NO EVENT , WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY,
STRICT LIABILITY, ALLEGED NEGLIGENCE OR OTHER LIABILITY IN TORT, CONTRACT OR
OTHERWISE, WILL WE BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY OR FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING FIRE OR
EXPLOSION IN THE STARTING, TESTING SUBSEQUENT OPERATION OF EQUIPMENT),
AND THE PURCHASER ASSUMES ALL LIABILITY FOR THE CONSEQUENCES OF THE
EQUIPMENTS USE OR MISUSE BY THE PURCHASER OR THEIR EMPLOYEES OR CUSTOMERS.
IN NO EVENT WILL WE BE LIABLE FOR DAMAGES RESULTING FROM THE NON-OPERATION OF
PURCHASERS PLANT, LOSS OF PRODUCT, RAW MATERIALS OR PRODUCTION AS A RESULT
OF THE USE, MISUSE, OR INABILITY TO USE THE EQUIPMENT. PURCHASER HEREBY
RELEASES SELLER FROM, AND INDEMNIFIES US AGAINST, ALL LIABILITY NOT SPECIFICALLY
ASSUMBED BY US HEREUNDER.

TOOLING

ALL TOOLING CHARGES ARE PARTIAL CHARGES AND ALL TOOLING REMAINS THE
PROPERTY OF RAMA. RAMA WILL ACCEPT PURCHASER’S SPECIAL TOOLING IN OUR
PLANT. RAMA WILL MAINTAIN ALL TOOLING AT NO COST TO PRODUCE THE CUSTOMERS
HEATERS. IF ANY REPAIRS OR NEW TOOLING BECOMES A NECESSITY, IT IS THE
RESPONSIBILITY OF THE PURCHASER TO PAY FOR THOSE QUOTED REPAIRS OR NEW
TOOLING.

PRIVATE LABELING

RAMA IS HAPPY TO PRIVATE LABEL ELECTRICAL HEATING ELEMENTS FOR OUR CUSTOMERS.
CHARGES AND TOOLING ARE SEPARATE FROM PIECE PRICE.
DUE TO THE NEC (NATIONAL ELECTRIC CODE) ALL PRODUCTS MUST HAVE
WATTS, VOLTS AND DATE CODE ON THE PARTS.