Terms and Condition of Sale by Ridgid
Precedence: Terms and Conditions of Sale shall be as stated herein and NOT subject to addition, deletion or modification in any fashion including but not limited to provisions or statements on Purchaser’s purchase order, confirmation, payment, email, correspondence or any other document or any verbal statement whatsoever, unless specifically and explicitly agreed to in writing by Ridgid prior to order acceptance by Ridgid. Issuance of a purchase order acknowledges this provision by Purchaser and acceptance of any such purchase order by Ridgid only accepts the purchase consistent with Ridgid quotation and does NOT constitute acceptance of other terms and conditions which may be stated on Purchasers purchase order, other documentation or correspondence.
Payment Terms: Net 30 Days, subject to prior credit approval otherwise payment is to be prepaid or COD. All orders are subject to a minimum billing of $35.00. Any past due amounts owed by Purchaser shall be subject to a service charge equal to 1.5% per month, but in no event shall the service charge be higher than allowed by applicable law. In addition to such late payment service charges, costs and expenses associated with collection of past due amounts, including reasonable attorney’s fees, shall be added to amounts past due.
Delivery: Unless expressly agreed in writing to the contrary, the terms of delivery are F.O.B., Ridgid facility Wayne, New Jersey. Purchaser bears the expense for shipping and risk of loss or damage for merchandise shipped hereunder regardless of choice of carrier or delivery by Ridgid. Choice of carriage by Ridgid at agreed to pricing, does not include any form of carrier insurance or Ridgid’s acceptance of any form of carrier liability. In case of loss or damage in transit by common carrier, consignee must make all claims with delivering common carrier within normal time limits established by the I.C.C. Consignee shall make an immediate inspection of goods when received and within 10 days from receipt of shipment make file any of claims regarding any warrantee issue, or any discrepancy, damage, missing, or incorrect shipments. Such claims shall include explicit documentation proving such claim. After that period, any such claim will not be allowed. Purchaser is responsible for all re-delivery and re-consignment charges. Freight company fees and charges related to advanced notification of delivery shall be added to order invoices.
A service charge may be added to all orders requiring same day shipping if such delivery is accommodated by Ridgid.
All delivery dates provided by Ridgid are estimations and subject to change. Under no circumstances shall Ridgid be liable for direct, incidental or consequential damages due to delays in shipment of products or failure of product to meet any requirement. Ridgid reserves the right to make delivery in installments, unless otherwise expressly agreed to by Ridgid writing. Delay in delivery or delivery in installments shall not relieve the Purchaser of its obligation to accept remaining deliveries unless specified otherwise herein.
All products must be picked up or have delivery accepted withing 5 business days of
Ridgid’s established delivery date. Products held by Ridgid beyond that date are subject to a warehousing fee at Ridgid’s then current rate for such storage. After 15 days of warehousing, Ridgid has the right to consider the Products abandoned and can dispose of them as Ridgid chooses. Should this occur the warehousing fee will continue to be due and there will be no refund on prepaid orders. For all other orders both the warehousing fee and order cost will continue to be due to Ridgid.
Force Majeure: Under no circumstances shall Ridgid be liable in any manner for any delay or failure to perform hereunder other than to accept a cancellation of the portion of the order which was delayed more than 10 business days beyond Ridgid confirmed delivery date. If the delay or failure is, directly or indirectly, caused by, or in any manner arises from fire, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, breakage of machinery or apparatus, transportation delays, or any other cause or causes (whether or not similar in nature to any of those hereinbefore specified) beyond its sole and reasonable control then Ridgid shall be granted an additional 10 business days to fulfill performance before a cancellation must be accepted.
Cancellations: Requests to cancel or modify orders must be submitted in writing by Purchaser a minimum of 10 business days prior to estimated ship date and before Ridgid has ordered materials for, or begun work on such order. All cancellation or modification requests must be reviewed and approved by Ridgid. Should Ridgid in its sole discretion allow cancellation or modification after the above stated interval then Purchaser shall be liable for all costs associated with the ordered materials and work performed plus Ridgid normal margins on those amounts.
Returns Policy: All sales are final and return of shipped orders will not be allowed except for defects in material and/or workmanship only to the extent permitted under the terms and conditions of Ridgid’s then current Warranty policy.
Product, Specifications, Variations, and Errors: Most Ridgid products are primarily made from paper materials are subject to reasonable variations in measurements. Ridgid will use its best practices to assure products meet the stated specifications but unless specific tolerances for measurement are stated and accepted by Ridgid in writing prior to order acceptance, reasonable variations will not be cause for rejection of any product. Should Ridgid determine that a product is not within reasonable variation then Ridgid at its sole discretion may choose to replace the product or cancel that portion of the order not complying with Ridgid standards and if already paid, refund only that portion of funds received.
Every effort is made to avoid errors in catalogs, web pages, specification sheets, and data references. Ridgid will not accept responsibility for these errors including but not limited to errors in typography, measurements and dimensioning, descriptions, and/or omissions and will to the extent provided herein only be responsible for specifications issued on its quotations.
Changes in Construction Methods: Ridgid reserves the right to make changes in construction methods and techniques without changing dimensional specifications. Such changes can be made without prior notification, to facilitate manufacturing methods; to the extent that such modifications do not substantively compromise product integrity.
Warranty: Ridgid, warrants to the original Purchaser of products will be free from substantive defects in their material and workmanship FOB Ridgid. These are limited warranties and subject to the terms and conditions herein. The date of shipment (“Ship Date”) shall be the date Ridgid ships the Product from its factory.
This warranty is non-transferable, whether by secondary sale of Product, inclusion of the product in another product, assignment or operation of law. The original purchaser must make any warranty claim to Ridgid within the warranty period, which is 10 days from the Ship Date.
Ridgid at its sole discretion shall determine if a substantive defect in the Product’s material or workmanship exists and if such defect is covered under the terms and conditions of this limited warranty. If such defect exists and is covered, then Ridgid’s sole responsibility and liability under this warranty will be, at its option, to repair or replace those defective products or Products that are properly returned to Ridgid or cancel only that portion of the order and refund any payment received for that portion of the order. All decisions regarding the existence of covered defects or actions to be taken under this warranty shall be made by Ridgid and shall be final and binding on all parties. Any repair or replacement shall not extend the original term of this warranty.
Exclusions – This warranty is conditioned upon proper handling, storage or use and full payment for the Product. This warranty will not be applicable to any Product which: (a) has been exposed to a detrimental atmosphere, (b) has been subjected to high humidity or water, (c) has in any way been mishandled, misused, abused, tampered with, modified or altered.
Disclaimers & Limitations of Liability – The foregoing warranty is exclusive of all other statutory, written or oral warranties and no other warranties of any kind, statutory, by operation of law or course of performance, or otherwise, are given, herein expressed or otherwise received The above is the only warranty made by Ridgid with respect to Products. No dealer, distributor, or any other person or entity is authorized to make any representation, warranty or promise on behalf of Ridgid or any of its affiliates. EXCEPT AS EXPRESSLY PROVIDED ABOVE, RIDGID DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND ITS SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. Other than the obligation to repair or replace as provided above, Ridgid shall have no liability for any losses, expenses or damages as a result of the use or inability to use any Product and will not under any circumstances whether as a result of breach of contract, breach of warranty, tort, strict liability or otherwise be liable for consequential, incidental, special or exemplary damages including but not limited to; loss of profits or revenues, loss of any other goods or associated equipment or damage to any associated equipment, cost of capital, cost of substitute products, cost of direct, indirect or third party labor, facilities or services, down time cost, claims of claimant’s customers of any kind. Ridgid’s liability on any claim of any kind for any loss or damages arising out of, resulting from or concerning any Product, any aspect of this warranty or for any products or services furnished hereunder shall not exceed the price of the defective Product which gives rise to the claim.