Offer and Acceptance

This document is an offer to enter into an agreement. For an effective agreement to be reached a duly authorized agent of Purchaser must accept all of the terms and conditions set forth below, none of which can be altered or amended without Rockrose Technology's prior written agreement.

Quotations and Prices

The prices stated on the website and on any promotional company literature are subject to change without notice and are firm for the initial order only. Orders calling for future delivery will be billed according to the price in effect at the time of delivery. Oral quotations will not be honored by Rockrose Technology and written quotations will automatically expire sixty (60) calendar days from the date issued and are subject to earlier termination by written notice. All prices are FOB, Rockrose Technology, Irvine, California USA.

Payment Terms

The net amount of each invoice is due in full with the order, by credit card payment, by purchase order, by bank transfer, or by other method acceptable to Rockrose Technology.

Both the method and the route of shipment are at the discretion of Rockrose Technology, unless Purchaser provides explicit instructions to the contrary. All shipments will be made at the Purchaser's expense and billed according to guidelines outlined on our web and product brochures. Identification of the particular Rockrose Technology product or related products to this agreement and the risk of loss will pass to Purchaser at the time of delivery to the carrier.

Governing Laws

This agreement shall be governed by and construed under and in accordance with the laws of the State of California, United States of America (without regard to conflicts of laws principles). The venue of any legal action arising out of this agreement shall be the Federal or State Courts located in Orange County, California, U.S.A., and the parties consent to the jurisdiction of these courts.

Rockrose Technology Limited Product Warranty

Rockrose Technology warrants to Purchaser that in normal and contemplated use and service, products purchased from Rockrose Technology will be free from defects in material or workmanship for a period of six months from the date of purchase. Should such deficits be found, Rockrose Technology will replace the defective pieces free-of-charge. Rockrose Technology will not be responsible for any fiscal or other damages a user may incur from the application of a defective Rockrose Technology product.

Rockrose Technology does not warrant that its products meet any specific criteria described in publications related to their development or use. Parts, devices, or equipment supplied by vendors other than Rockrose Technology, shall carry only the applicable warranties and limitations provided by the relevant vendor. Expendable and/or consumable items or parts included or used in connection with Rockrose Technology's products are not covered under this limited warranty. This limited warranty does not cover Rockrose Technology's products that have been misused, altered, disassembled, neglected, handled carelessly, or used for purposes other than their intended purpose. This limited warranty also does not cover loss or damage resulting from any casualty loss or from unauthorized use or service. Under no circumstances shall Rockrose Technology be held liable for consequential or other damages, losses, or expenses in connection with or by reason of the use or inability to use Rockrose Technology's products for any purpose.

Warranty Service Procedures

If a defect occurs, the Purchaser should return the defective products, freight and insurance prepaid, in the original shipping container. Any returned Rockrose Technology products must be accompanied by a written statement including: the name of Purchaser; a description of the problem(s); and the action desired. Rockrose Technology shall not be responsible for any loss or damage incurred in shipping.

Exclusion of Warranty of Fitness for any Purpose

Rockrose Technology makes no warranty as to the suitability or fitness of any of its equipment or products, for any particular purpose specific to the Purchaser. The Purchaser is solely responsible for the selection, use efficiency, fitness and suitability of Rockrose Technology products. The Purchaser assumes all risks and liabilities in connection with the use of Rockrose Technology's products.

Exclusion of Liability for Consequential and Similar Damages

In no event shall Rockrose Technology be liable to Purchaser for any indirect, special or consequential damages or lost profits arising out of or relating to Rockrose Technology's products, or their performance or non-performance, even if Rockrose Technology has been advised of this possibility.

Limitation to Amounts Paid

Rockrose Technology's liability, if any, to Purchaser or to the customers of Purchaser or any other person under this limited warranty shall in no event exceed the total amount paid to Rockrose Technology by the Purchaser for a defective or non-conforming Rockrose Technology product.

THE LIMITED WARRANTY AND REMEDIES SET FORTH IN THIS DOCUMENT ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO ANY PERSON FOR ANY DAMAGES OF ANY KIND AND NATURE, INCLUDING INCIDENTAL, CONSEQUENTIAL OR SPECIAL, RELATED TO ROCKROSE TECHNOLOGY'S PRODUCTS, WHETHER ARISING FROM WARRANTY, CONTRACT, NEGLIGENCE, TORT OR OTHERWISE. ROCKROSE TECHNOLOGY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTY. NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF ROCKROSE TECHNOLOGY.

In the event any implied warranties (including, but not limited to the implied warranties of merchantability or fitness for a particular purpose) are found to exist, such warranties are limited (i) in duration to the period of the limited warranties set forth in this document, and (ii) in amount to the total paid to Rockrose Technology by the Purchaser for the product(s) in question.

Some states or countries do not permit the exclusion of incidental or consequential damages, and in those jurisdictions the foregoing limitation may not apply. The limited warranties as set forth in this document give the Purchaser specific legal rights and the Purchaser may have other legal rights which vary from State to State.