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Terms & Conditions

Buyer agrees that the purchase of any URSTCO, L.P. (“USU”) products (collectively, the “Products”) is subject to the terms of this document (this “Agreement”) which supersedes all other agreements and any terms found in Buyer’s purchase order (but not, however, prices, identification of the Products, quantity or ship-to instructions unless contradicted by later USU documents).

  1. Payment. All payments are 100% due at the time of Buyer’s order.
  2. Taxes, Duties, Export. Prices do not include sales, use, excise or any similar tax. Any tax or other governmental charge upon the production, sale, shipment or use of Product that USU is required to pay or collect from Buyer will be paid by Buyer. Buyer will be responsible for obtaining any necessary governmental clearances, including import, export and customs duties and clearances and licenses, which may be required by any government including the United States. Specifically, but without limitation, Buyer agrees that it will not resell, re-export or ship, directly or indirectly, any Products or related technical data in any form without obtaining appropriate export or re-export licenses.
  3. Shipment. USU will ship in accordance with instructions supplied on the face of the purchase order. USU may ship the Products by commercial carrier. Title to and risk of loss for the Products pass to Buyer upon USU’s delivery to carrier. Any prepayment by USU of shipping charges will be for the account of Buyer and will be paid by Buyer with and in addition to the purchase price.
  4. Cancellation, Modification. Buyer acknowledges that USU will start production and commit funds in time to meet the estimated delivery date based on conditions in USU’s plant and leadtime required by USU’s suppliers. In the event of default, breach, delay or cancellation by Buyer, Buyer will be responsible for any losses resulting therefrom. Buyer’s order may not be modified or rescinded except in writing signed by USU and Buyer.
  5. Dates. Shipping dates are given to the best of USU’s knowledge based upon conditions existing at the time the order is placed and information furnished by Buyer. USU will, in good faith, endeavor to ship by the estimated shipping date but will not be responsible for any delay or any damage arising therefrom. Furthermore, USU will not be liable for any failure to perform its obligations under this Agreement resulting directly or indirectly from (a) any acts of Buyer, (b) any acts of third party shippers or vendors, or (c) any acts of God, acts of civil or military authority, fire, strikes, or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, lack of or inability to obtain raw materials, components, labor, fuel or supplies, or other circumstances beyond USU’s reasonable control whether similar or dissimilar to the foregoing.
  6. Return Policy. USU will accept product returns and refund payment, exclusive of shipping, for thirty (30) days from the date of delivery to Buyer. Any Product returned to USU must be in substantially the same condition as when received and be accompanied by all original parts and packaging. Buyer will pay the cost to ship the returned product to USU and may be subject to a restocking fee of up to fifteen percent (15%) of the original purchase price paid by Buyer.
  7. Warranty. USU warrants that, at the time of shipment, the Products will be free from defects in workmanship and materials. This limited warranty is contingent upon proper use of the Products and does not cover Products that have been tampered with, modified, improperly used in conjunction with another vendor’s product, or subjected to unusual physical or electrical stress. This warranty does not apply to the Products that have been damaged during shipping or by improper environment or subjected to improper testing, assembly, mishandling or misuse, whether by Buyer or others. This warranty will not be expanded, and no obligation or liability will arise, due to technical advice or assistance, data, facilities or service USU may provide in connection with Buyer’s purchase. Should any non-conformance become apparent within twelve (12) months from delivery to Buyer, USU’s sole obligation under this warranty will be limited to either, at USU’s option and expense, repairing, replacing or extending credit for the Products or parts thereof returned to USU by Buyer, provided USU reasonably determines such Products or parts thereof do not conform to the warranty. Replacement parts furnished under this warranty may be refurbished or contain refurbished components. Buyer’s exclusive remedy for breach of such warranty will be enforcement of such obligation.THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED STATUTORY OR IN ANY COMMUNICATION WITH BUYER, INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
  8. Limitation of Remedies. In the event Buyer claims that USU has breached any of its obligations under this Agreement, whether by warranty or otherwise, USU may request the return of the Products and tender to Buyer the purchase price paid by Buyer and, in such event, USU, will have no further obligation under this Agreement. If USU so requests the return of the Products, the Products will be delivered to USU in accordance with USU’s instructions at USU’s expense.THE REMEDIES IN THIS AND THE PRECEDING PARAGRAPH WILL CONSTITUTE THE SOLE RECOURSE OF BUYER RELATED TO THE PRODUCTS OR THIS AGREEMENT, WHETHER THE CLAIM IS MADE IN TORT OR IN CONTRACT, INCLUDING CLAIMS BASED ON WARRANTY, NEGLIGENCE OR OTHERWISE. THE REMEDIES SET FORTH IN THIS AGREEMENT WILL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  9. Limitation of Liability. IN NO EVENT WILL USU BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO CASE WILL USU’S LIABILITY FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE MANUFACTURE, SALE, DELIVERY OR USE OF THE PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCT.
  10. USU Rights. USU reserves the right to make changes in the design of the Products at any time without incurring any obligation to make equivalent changes in Products previously manufactured or shipped. All tooling used to produce the Products to be furnished under this Agreement is the property of USU.
  11. User Responsibility. The Products provided by USU are only intended to be installed by adults and in strict regard to the provided instructions. Responsibility for proper use of the Products rests solely with Buyer. USU will not be liable for results obtained through use of the Products. Users are responsible for the proper supervision, control, and management of the Products’ use. This responsibility includes determining and establishing proper settings and situations for the use of the Products in order to obtain desired results. Persons using the Products are also responsible for establishing independent test and verification guidelines to test the reliability of the Products. The Products are not designed, intended, or authorized for use in any application in which the failure of the Products could create a situation where personal injury or death may occur, and any such use of the Products is at Buyer’s sole risk. The Products are not intended for watertight applications. The Products are not intended for use in areas that may be subject to high winds without properly securing and anchoring the Products in accordance with the provided instructions. The Products have a maximum holding capacity of 1,000 pounds. The Products are not intended to store or hold flammables, explosives, waste, petroleum products, or any other materials that may be deemed hazardous.
  12. General. This Agreement constitutes the entire and final agreement among USU and Buyer and supersedes all other communications. No modifications will be binding unless made in a written amendment signed by both USU and Buyer. If any provision is held invalid, all other provisions will remain valid. Buyer may not assign its rights and obligations without the prior written consent of USU. USU and Buyer will attempt to settle all claims (other than claims relating to intellectual property issues) through negotiation or non-binding mediation prior to commencement of court proceedings. Any dispute that is not resolved within two (2) months of the date of the initial demand may then be submitted to a court of competent jurisdiction. This Agreement will be enforced and construed in accordance with the laws of the State of Texas and the United States without regard to conflicts of laws. Any suit arising out of or related to Buyer’s purchase of the Products will be brought exclusively in the state or federal courts sitting in Travis County, Texas and Buyer irrevocably consents to such exclusive jurisdiction. No action related to the subject matter of this Agreement may be brought more than one (1) year after the events giving rise to the cause of action have occurred. None of the Products or underlying information or technology may be exported or re-exported, directly or indirectly, contrary to US law or US Government export controls.