Terms & Conditions
Last Updated
April 4 2026
1. DEFINITIONS
For the purposes of these Terms and Conditions of Sale (“Terms”):
1.1 “Company” shall mean Rivtec LLC, a California limited liability company.
1.2 “Customer” shall mean any individual or entity purchasing goods or services from the Company.
1.3 “Goods” shall mean all products fabricated or supplied by the Company.
1.4 “Services” shall mean all fabrication, manufacturing, engineering support, or related services provided by the Company.
1.5 “Order” shall mean any purchase order, quotation acceptance, or written request for Goods or Services.
2. APPLICABILITY
2.1 These Terms shall govern all quotations, Orders, Goods, and Services provided by the Company.
2.2 These Terms shall prevail over any conflicting or additional terms contained in any Customer purchase order or communication unless expressly agreed to in writing by the Company.
2.3 Acceptance of Goods, issuance of a purchase order, or commencement of Services shall constitute acceptance of these Terms.
3. QUOTATIONS AND PRICING
3.1 All quotations issued by the Company shall remain valid for a period of [15–30 days], unless otherwise specified in writing.
3.2 Prices are based upon:
Customer-provided specifications
Material costs at the time of quotation
Estimated labor and production requirements
3.3 The Company reserves the right to revise pricing prior to Order acceptance in the event of:
Changes in scope
Inaccurate or incomplete information
Material cost fluctuations
4. ORDER ACCEPTANCE
4.1 No Order shall be binding upon the Company unless accepted in writing or upon commencement of production.
4.2 The Company reserves the right to reject any Order at its sole discretion.
5. CUSTOMER RESPONSIBILITIES
5.1 The Customer shall be solely responsible for:
Accuracy of all drawings, specifications, and data
Design integrity, including fit, function, and safety
Material selection and application
Compliance with all applicable laws and regulations
5.2 The Company shall not assume responsibility for design errors unless explicitly agreed in writing.
6. ENGINEERING AND ADVISORY SERVICES
6.1 Any engineering, design-for-manufacturing (DFM), or technical guidance provided by the Company shall be deemed advisory in nature.
6.2 Such guidance shall not transfer design responsibility or liability to the Company.
7. CHANGES AND CANCELLATION
7.1 Any modification to an accepted Order must be submitted in writing and approved by the Company.
7.2 The Customer shall be responsible for all costs associated with changes, including:
Rework
Scrap
Material procurement
Administrative expenses
7.3 Orders canceled after commencement of production shall be subject to cancellation charges, including all incurred costs and a reasonable profit margin.
8. MATERIALS AND TOLERANCES
8.1 Goods shall be manufactured in accordance with industry-standard tolerances unless otherwise agreed in writing.
8.2 Material substitutions may occur due to availability, provided such substitutions do not materially affect performance.
8.3 Minor cosmetic variations shall not constitute defects unless expressly defined in writing.
9. DELIVERY AND INCOTERMS
9.1 Unless otherwise agreed in writing, delivery shall be EXW (Ex Works) – Company facility (Incoterms® 2020).
9.2 The Customer shall bear all responsibility for:
Transportation
Insurance
Customs duties and taxes
9.3 Delivery dates are estimates only and shall not constitute a guarantee.
10. RISK OF LOSS AND TITLE
10.1 Risk of loss shall transfer to the Customer upon delivery in accordance with the agreed Incoterms.
10.2 Title to the Goods shall remain with the Company until full payment has been received.
10.3 The Company reserves a security interest in the Goods until payment is made in full.
11. FORCE MAJEURE
The Company shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supply chain disruptions, or governmental actions.
12. INSPECTION AND ACCEPTANCE
12.1 The Customer shall inspect all Goods within seven (7) days of delivery.
12.2 Failure to notify the Company of any defects within such period shall constitute acceptance of the Goods.
13. LIMITED WARRANTY
13.1 The Company warrants that Goods shall:
Conform to agreed specifications
Be free from defects in workmanship
13.2 The warranty period shall be [30–90 days] from the date of delivery.
14. WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED HEREIN:
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
15. REMEDIES
The Company’s sole obligation and Customer’s exclusive remedy shall be limited to, at the Company’s option:
Repair
Replacement
Issuance of credit
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
16.1 The Company’s total liability shall not exceed the invoice value of the Goods giving rise to the claim.
16.2 The Company shall not be liable for:
Indirect damages
Consequential damages
Loss of profits
Business interruption
17. INSURANCE
17.1 The Company maintains commercially reasonable insurance coverage.
17.2 The Customer shall be responsible for insuring Goods in transit unless otherwise agreed in writing.
18. TAXES AND DUTIES
The Customer shall be responsible for all applicable taxes, duties, and governmental charges unless valid exemption documentation is provided.
19. INDEMNIFICATION
The Customer agrees to indemnify, defend, and hold harmless the Company from any claims, damages, or liabilities arising from:
Customer-provided designs
Improper use or integration of Goods
Regulatory non-compliance
20. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
20.1 All Customer-provided intellectual property shall remain the property of the Customer.
20.2 The Company shall use such information solely for the purpose of fulfilling Orders.
20.3 Both parties agree to maintain confidentiality of proprietary information.
21. GOVERNING LAW
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.
22. DISPUTE RESOLUTION
22.1 The parties shall first attempt to resolve disputes through good faith negotiation.
22.2 Any unresolved disputes shall be settled by binding arbitration in the State of California.
23. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
24. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties and supersede all prior agreements, representations, or understandings.
25. AMENDMENTS
No amendment to these Terms shall be valid unless in writing and signed by an authorized representative of the Company.