TERMS AND CONDITIONS OF SERVICE
RAE & RAY ENTERPRISES, INC.
GENERAL PROVISIONS
These Terms and Conditions of Service ("Terms") govern all business relationships between Rae & Ray Enterprises, Inc. ("Company") and its customers ("Customer"). By purchasing products or services from the Company, the Customer acknowledges and agrees to these Terms. Any terms and conditions proposed by the Customer shall have no effect unless expressly accepted in writing by an authorized representative of the Company.
1. PAYMENT TERMS
1.1 All invoices are due and payable within twenty-one (21) business days from the date of invoice, unless otherwise specified in writing on the invoice or order.
1.2 In the event of late payment, the Company reserves the right to charge interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is less) on any outstanding balance until payment is received in full.
1.3 The Company reserves the right to suspend delivery of any products or services without prior notice if the Customer fails to pay any amount when due.
1.4 Customer agrees to reimburse the Company for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees, court costs, and collection agency fees.
2. COLLECTIONS AND LATE PAYMENTS
2.1 If payment remains outstanding for more than sixty (60) days after the due date, the Company may, at its discretion, refer the account to a collection agency.
2.2 The Customer shall be responsible for all reasonable costs and expenses incurred by the Company in connection with collection efforts, including attorneys' fees, court costs, and collection agency fees.
2.3 The Company reserves the right to report delinquent accounts to credit bureaus in accordance with applicable law.
3. TAXES AND REGULATORY COMPLIANCE
3.1 All prices are exclusive of any federal, state, or local sales, use, excise, or similar taxes. The Customer is responsible for payment of all applicable taxes related to purchases, unless a valid tax exemption certificate is provided to the Company.
3.2 In jurisdictions where sales tax must be collected, such tax will be added to the invoice and the Customer agrees to pay such taxes.
3.3 The Customer is solely responsible for compliance with all laws and regulations applicable to the purchase, possession, and use of any products or services provided by the Company.
4. WARRANTY AND LIMITATION OF LIABILITY
4.1 The Company will make reasonable efforts to provide products and services in a timely manner and of satisfactory quality. However, the Company does not guarantee any specific results from the use of its products or services.
4.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
4.3 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE CUSTOMER'S USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES.
4.4 The Company shall not be required to appear as a third party in any claim for damages filed against the Customer by an end consumer or any other third party.
5. RETURNS AND CLAIMS
5.1 Any claim regarding the quality or delivery of products or services must be submitted in writing to the Company at its principal place of business within seven (7) days of receipt of the products or services.
5.2 The Company reserves the right to inspect any products claimed to be defective. Products returned without prior authorization may be refused.
5.3 The Company's return policy is available upon request and is incorporated by reference into these Terms.
6. FORCE MAJEURE
The Company shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including, without limitation, acts of God, natural disasters, pandemic, strikes, shortages of materials, labor disputes, war, terrorism, riots, governmental regulations, or other similar circumstances.
7. GOVERNING LAW AND DISPUTE RESOLUTION
7.1 These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice of law or conflict of law provisions.
7.2 Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Utah, and the Customer hereby submits to the personal jurisdiction of such courts.
7.3 If any legal action is necessary to enforce these Terms, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and expenses in addition to any other relief to which such party may be entitled.
8. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
9. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the Customer and the Company regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
10. MODIFICATIONS
The Company reserves the right to modify these Terms at any time. Any modifications will be effective immediately upon posting on the Company's website or premises, or upon notification to the Customer by email or regular mail.
By purchasing products or services from Rae & Ray Enterprises, Inc., the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions of Service.
Last Updated: April 30, 2025
Rae & Ray Enterprises, Inc.
57 South Main Street Brigham City, UT 84302 801-452-7966