These sales terms and conditions shall apply to every sale of its commercial products (“Products”) by Prática Products, Inc. (“ Prática ”) to Purchaser, unless Prática and Purchaser have agreed to terms of sale in a negotiated written master purchase or other written agreement covering this sale (“Separate Agreement”). “Purchaser”, as used herein, is the person purchasing Product(s) from Prática under the purchase order, purchase offer or fulfillment request or other document reflecting an order for or offer to buy products from Prática (the “Offer”). These sales terms and conditions are incorporated in and shall be deemed a part of every written confirmation, sales acknowledgment or acceptance from Prática and shall apply as well to any other means of acceptance by Prática of an offer to purchase Products (the “Confirmation”)

1. Orders

A valid written purchase order is required for all orders. The purchase order must include price, model number and electric power specifications (if applicable), plus any special instructions.  Prática will not be responsible for Products ordered with incorrect electric configurations. Specify options and accessories as required. Orders must include complete ship to and bill to addresses (including telephone numbers and contact person). All orders are shipped FOB Prática’s facility in Lewisville, Texas. Orders must include freight carrier or forwarder. If not specified, Prática will arrange shipping for Purchaser’s account. All orders will be shipped freight prepaid and added to the invoice unless other arrangements are made prior to shipment. Purchaser must identify all special delivery needs at time order is placed. Any additional cost as a result arising from lack of instructions regarding delivery will be passed on to the Purchaser. Orders must include desired delivery date.  Prática will confirm orders prior to shipping. Delivery by Prática is subject to product availability, and delivery dates are not guaranteed. Purchaser is responsible for compliance with health and safety codes in its location. Freight class for Prática ovens is 92.5, NMFC# 26720.  

2. Acceptance and Agreement

Prática’s acceptance of Purchaser’s offer to purchase the Products is expressly limited to Purchaser’s agreement to the terms and conditions contained herein and on the face of any written Confirmation.  Prática objects to and rejects any terms or conditions in the Offer that are additional to or different from those set forth in the Confirmation. No modification or waiver of these terms and conditions shall be effective unless in writing and signed by a Vice President or above (or equivalent) of Prática. Any of the following acts shall constitute an acceptance of Prática’s offer to sell Products on the terms and conditions contained herein and on the face of the Confirmation: (a) Purchaser’s delivery to Prática of a purchase acknowledgment or other writing referencing or acknowledging receipt of the Confirmation or agreeing to the description of the Products and the price, quantity, sales terms and delivery schedule of the Confirmation; (b) Purchaser’s payment of the purchase price of the Products; or (c) Purchaser’s acceptance of the Products. Acceptance of orders is subject to credit approval.  

3. Payments

Standard terms with approved credit are net 30 days from the date of invoice. Please contact our Accounting Department at [email protected] for additional information. All payments must be in U.S. dollars.

4. Returns

Unless Prática specifically agrees otherwise in writing, sales are final. Returns of Products will not be accepted unless Prática has provided written authorization, and returns are subject to a re-stocking/handling fee of $ 300.00 per oven. If an order has more than 15 ovens the return will be subject to 25% restocking fee of the total order. For more information call (214) 584-6269 or email: [email protected].

5. Risk of Loss and Place of Delivery; Damaged Shipment.

Products are shipped FOB from Prática’s facility in Lewisville, Texas. Risk of loss transfers to Purchaser upon delivery to the carrier. While Prática may arrange shipping and insurance, Prática shall not be liable for loss after delivery.  Prática is committed to delivering its Products to Purchaser in perfect condition. Orders are inspected when they are packaged, and all orders are in good condition when they are delivered to the carrier. Accidents may happen during shipping. Purchaser should not accept shipment until any damages are noted on the freight bill by the person receiving the delivery. If damage is noted upon delivery or later, the Purchaser should keep all packing materials and immediately call the carrier or otherwise comply with the carrier’s procedures for making a claim.

6. Warranty

Prática offers a on all new Prática ovens purchased from Prática or through an authorized dealer or distributor. A copy of the Limited Warranty is provided in the Product Manual as well as on our website. Please refer to the Limited Warranty for specific warranty terms and conditions.

7. Licenses

Products are sold with a fully paid, perpetual license to Purchaser and any subsequent owner or user covering all intellectual property, including patented technology, owned or licensed by Prática that is incorporated in the Product and necessary or desirable for the use of the Product in its intended manner. The sale of the Product imparts no other license to any intellectual property of Prática or anyone else.

8. Entire Agreement

Except as otherwise provided in a Separate Agreement, the Offer, as modified and supplemented by the terms and conditions set forth in the Confirmation, constitute the entire agreement between the parties regarding the purchase and sale of the Products contemplated hereby and no oral conversations or other ancillary documents become a part of said agreement. Wherever possible, each of the terms and conditions of the Confirmation is to be interpreted in such manner as to be effective and valid under applicable law, but if such term or condition is prohibited or invalid under such law, then such term and condition is to be ineffective only to the extent of such prohibition and invalidity, without invalidating the remainder of such term or condition or the remaining terms and conditions of the Confirmation.

9. Termination

By notice to Purchaser, Prática may terminate this agreement for the sale of Products in whole or in part if (a) Purchaser fails to perform strictly in accordance with these terms and conditions and those of Purchaser’s Offer, (b) Purchaser, in Prática ’s opinion, becomes insolvent or develops such financial condition so as to endanger performance, including voluntary or involuntary proceedings in bankruptcy or reorganization, or an assignment for the benefit of creditors, or (c) Purchaser is otherwise no longer deemed credit worthy and fails to pay in advance for the Products when requested.

10. Excuse

Prática ’s obligations hereunder are subject to delay, modification, rescission and/or cancellation by Prática in the event of any cause beyond Prática ’s control, including, but not limited to, fires, floods, strikes or other labor disputes, accidents to machinery, acts of sabotage, riots, shortages of material, delay in transportation or lack of reasonably available transportation facilities or restrictions imposed by federal, state, local or other governmental authority.

11. Successors and Assigns

No right, title or interest under the Offer or the Confirmation is assignable by Purchaser, and no attempted assignment by Purchaser shall be of any force or effect without such written consent.

12. Captions

The captions in this Confirmation are for convenience only and shall not limit or otherwise affect any of the terms or conditions of this Confirmation.

13. Waiver

Any waiver by Prática of any default or other breach of the Confirmation by Purchaser shall not constitute a waiver of any subsequent default or other breach.

14. Governing Law

The Confirmation and the construction of the provisions hereof shall be construed and interpreted in accordance with the laws of the State of Texas, including the Uniform Commercial Code as adopted and in effect in Texas on the date hereof; provided, however, that Prática shall be entitled to the benefits of any revisions in such Texas law thereafter which increase the rights of sellers of goods.

15. Limitation of Liability; Statute of Limitations.

In no event shall Prática be liable to Purchaser for anticipated profits or for incidental or consequential damages. Any action resulting from any breach on the part of Prática as to the sale of the Products must be commenced within one year after the cause of action has accrued.