10. Buyer's Property: Any designs, tools, materials, patterns, drawings, confidential information or equipment furnished by Buyer or any other items which become Buyer's property, may be considered obsolete and may be destroyed by Seller after two (2) consecutive years have elapsed without Buyer placing an order for the items which are manufactured using such property. Seller shall not be responsible for any loss or damage to such property while it is in Seller's possession or control.

11. Ownership of Designs and Inventions: For the purposes of this agreement, "Inventions" shall mean any inventions, original designs, developments, concepts, improvements, and trade secrets, whether or not patentable or registrable under patent, copyright, or similar laws that Seller may solely or jointly discover, conceive, develop, or reduce to practice for items which are produced for Buyer. Buyer agrees to assign to the Seller all rights, title, and interest in and to any Inventions created, designed or otherwise developed for Buyer, whether patentable or registrable under patent, copyright, or similar laws. Buyer understands that the Seller is the sole owner of any and all such rights and Buyer warrants that he/she/it has not previously assigned to any other person or entity any of such interests. The Seller shall be the exclusive owner of any and all rights, including all patent rights, copyrights, and trade secret rights in all inventions, discoveries, technologies, processes, formulae, or information of every description, and all improvements to any Inventions, invented or developed by Seller, whether alone or with others for items which are produced for Buyer.

12. Taxes: Unless otherwise indicated on the face hereof, all prices and charges are exclusive of excise, sales, use, property, occupational or like taxes which may be imposed by any taxing authority upon the manufacture, sale or delivery of the items sold hereunder. If any such taxes must be paid by Seller or if Seller is liable for the collection of such tax, the amount thereof shall be in addition to the amounts for the items sold. Buyer agrees to pay all such taxes or to reimburse Seller therefore upon receipt of its invoice. If Buyer claims exemption from any sales, use or other tax imposed by any taxing authority, Buyer shall save Seller harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable.

13. Indemnity for Infringement of Intellectual Property Rights: Seller shall have no liability for claims of infringement of any patents, trademarks, copyrights, trade dress, trade secrets or similar rights based on information provided by Buyer, or directed to items delivered hereunder for which the designs are specified in whole or part by Buyer, or infringements resulting from the modification, combination or use in a system of any item sold hereunder. If a claim is based on information provided by Buyer or if the design for an item delivered hereunder is specified in whole or in part by Buyer, Buyer shall defend and indemnify Seller for all costs, expenses or judgments resulting from any claim that such item infringes any patent, trademark, copyright, trade dress, trade secrets or any similar right.

14. Force Majeure: Seller does not assume the risk of and shall not be liable for delay or failure to perform any of Seller's obligations by reason of circumstances beyond the reasonable control of Seller (hereinafter 'Events of Force Majeure'). Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government or government agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages of materials and any other cause beyond Seller's control.

15. Entire Agreement/Governing Law: The terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by Seller in writing, shall constitute the entire Agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto. This Agreement shall be governed in all respects by the law of California. No actions arising out of the sale of the items sold hereunder or this Agreement may be brought more than 1 year after the cause of action accrues.

Return Policy

Standard products manufactured or private labeled by Specialty Motions, Inc. (SMI) less than 180 days from factory ship date can be returned for credit with a 15% restocking fee. The product must be complete, in new condition, and with original packaging upon receipt at our factory to be eligible for credit. Any damaged or altered product will be returned to the customer with no credit due. No credit is issued until product is received and inspection complete.

Special products or products built to customer's designs or specifications are not eligible to be returned for credit.

Any products manufactured or private labeled by SMI received in less than satisfactory condition is subject to be repaired or replaced by SMI at our discretion. The customer will be issued a RMA number to return the defective material. SMI will enter a new sales order using the same purchase order as the original order unless the customer requires a new purchase order number. Upon receipt and inspection of damaged product, a credit memo will be issued.

All products furnished by SMI, but not manufactured or private labeled by SMI are subject to the manufacturer's return terms and conditions.

All products returned must include a RMA number, packing list, and a detailed reason for the return.

Repairs and credit returns should be addressed as follows:

Specialty Motions, Inc.
1801 Railroad Street
Corona, CA 92880
ATTN: RMA # _______
Phone: (800) 283- 3411
Fax: (951) 735-8915

The reference material on this website is subject to verification by the user. Though every care has been taken to ensure the accuracy of the data contained on this website, some errors or omissions may be involved. All items on this website are subject to change without notice.