Reell Precision Manufacturing Corporation (REELL) warrants that all articles or products agreed to, and acknowledged, by this Acknowledgment shall be free from defects in material and manufacture under the terms set forth herein. It is your responsibility to thoroughly test all articles or product in your specific application to determine its performance, effectiveness and safety. REELL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. REELL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE ARISING OUT OF THE USE PURCHASED BY THE BUYER. REELL makes no representation or warranty of any kind, and undertakes no independent investigation, regarding the quality of any raw materials or components obtained from the Buyer or third party suppliers which are used. REELL relies solely on a raw material or components certificate obtained from the Buyer or third party certifying that such raw materials conform to the published specifications.

This warranty is extended only to the original purchaser, and limited to replacing or repairing any products directly sold and approved for sale by REELL for a period of one year, commencing on the date of delivery. Upon discovering defects in material or manufacture, it is the sole responsibility of the purchaser, and not REELL, to deliver the products to REELL within 30 days, and reference a Returned Material Authorization (RMA) number with the returned goods. The RMA number will be furnished by REELL upon verbal or written notice of the defect. Purchaser is to pay for transportation costs to and from REELL, insurance, and any other incidental cost and liability associated with returning the goods to REELL for replacement or repair. If it is confirmed that the product is defective in material or manufacture, REELL agrees to repair or replace the products to the original purchaser within a reasonable time, and reimburse purchaser for reasonable transportation costs. The decision to repair or replace will be within REELL’s sole discretion.

Under no circumstances will REELL be liable for any products which have been damaged in transit or by accident, have been subject to misuse, have not been properly installed, or have been altered in any manner after shipment from REELL.

The articles and products subject to this offer do not reflect Works Made for Hire, as that term is understood under U.S. Copyright law. Any intellectual property rights REELL may own in connection with the articles and products remain with REELL, and no such rights, specifically including without limitation copyrights, are conveyed to you by REELL. If a Customer wishes to engage REELL as an independent contractor to development a new product as a Work Made for Hire, the parties must enter into a written REELL New Product Development Contractor agreement with a Statement of Work (SOW) which specifically outlines ownership terms for any associated intellectual property rights.

Warranty Limitation and Exclusion
REELL shall not be liable for special, incidental, consequential or punitive damages, including, without limitation, loss of goodwill, profits or revenue, loss of the use of this product or any associated equipment, downtime costs, or claims of any party dealing with buyer for such damages, resulting from the use of this product or arising from breach of warranty or contract, negligence, or any other legal theory. The Buyer agrees to indemnify and hold REELL harmless against any direct or contributory patent infringement claim(s) related to any articles or products provided by REELL to Buyer.

All expressed and implied warranties, including, but not limited to, warranties of merchantability and fitness for a particular purpose are limited to those stated under the section, titled, “warranty.”

No action, regardless of form, arising out of the transactions under this agreement may be brought by the original purchaser more than one year after the cause of action has accrued. Any liability on the part of REELL is limited to return of the contract price for the products previously agreed to between REELL and the original purchaser.

The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, expressed or implied.

Payments not received within stated terms may result in shipment hold and/ or 1.5% finance charge until payment is received and account is in good standing.

REELL reserves the right to outsource part or all of the product or service quoted, and in such event, REELL has the Buyer's permission to share Buyer's information as needed to complete such work.

Cancellations are subject to charges for material liability and WIP at time of cancellation.

If the Terms and Conditions of this quotation or order acknowledgement differ from the terms of the Buyer’s purchase order or inquiry, this quote or acknowledgement shall be considered as a “COUNTEROFFER” subject to acceptance by the Buyer and shall not be an acceptance of any of Buyer’s terms which conflict herewith. The Terms contained herein are the complete and exclusive statement of the terms of acknowledgement between the parties. The Buyer’s acceptance of the goods or services sold hereunder will manifest the Buyer’s assent to the Terms hereof. Any reference to Buyer’s purchase order or inquiry noted herein shall not affect or limit the applicability of these Terms. No addition to or modification of these Terms will be effective unless made in writing and signed by an authorized representative of REELL.