Terms and Conditions
Product Information and Pricing Disclaimer
RG Group strives to give you accurate content, including product information, policies, and pricing. Policies, pricing, and item availability are subject to change without notice, and RG Group reserves the right to limit quantities. Prices displayed are subject to final approval at the time of order fulfillment. Images are shown for representational purposes only. In the event that RG Group is unable to provide an actual image of a product, they reserve the right to substitute a similar image for the one described in the product information. While RG Group tries in good faith to make sure that the information displayed is accurate, they are not responsible for typographical errors or technical inaccuracies. This disclaimer in no way affects the terms of the manufacturer’s warranty, if any.
Items listed as “In Stock” are readily available in at least one RG Group location. All items are not immediately available in all RG Group locations; items listed as “In Stock” may not be available at the RG Group location nearest you.
RG Group will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by RG Group are estimates only.
Full Terms of Sale
The following terms and conditions, including those on the front side of this document, shall constitute the entire agreement for the purchase and sale of RG Group and its division’s products, hereafter referred to as Seller. Any acceptance contained herein is made expressly conditional upon the Purchaser’s assent to the terms, which are different from, in addition to, or vary the terms contained in the Purchaser’s purchase order or request for quotations. Such assent shall be deemed to occur upon the failure of the Purchaser to object in writing specifically to such terms within 14 days from the receipt hereof. Any terms and conditions contained in the Purchaser’s purchase order or request for quotation which are different from, in addition to, or vary the Seller’s terms and conditions shall not be binding upon the Seller, and the Seller hereby objects thereto.
Prior to the date of delivery of any product or products hereunder, the Purchaser shall have the right to make changes in its order provided that the Seller receives written notice of the desired changes and accepts the same and provided further that the Purchaser accepts the additional change therefore as determined by the Seller. Changes which interfere with or alter the Seller’s production schedule will not be acceptable unless the time for performance is extended for such period deemed necessary by the Seller. Failure of the Seller to accept the Purchaser’s request to change its purchase order shall not be cause for the Purchaser’s cancellation of its order except upon payment of a cancellation charge to be determined by the Seller.
(a) The Seller shall have the absolute right to cancel this Agreement upon breach thereof by the Purchaser, failure by the Purchaser to make any payment required by this Agreement, or the insolvency or bankruptcy of the Purchaser.
(b) A purchase order or any part thereof which is hereby accepted by the Seller may not be cancelled unless and until the Seller receives written notice of the cancellation, has determined the additional charge to be made and the same has been accepted and paid by the Purchaser. Upon receipt of a notice of cancellation, the Seller shall be entitled to take whatever action it deems necessary and advisable to minimize cancellation charges.
(a) The Seller warrants, except as hereinafter provided, each product herein under which is assembled by it to be free from defects in assembly under normal use and service for a period of one year after shipment thereof to the original purchaser.
(b) THE SELLER’S WARRANTY EXTENDS ONLY TO PRODUCTS ASSEMBLED BY IT AND IS, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY PRIOR WRITTEN OR ORAL REPRESENTATION REGARDING SUCH PRODUCTS MADE BY THE SELLER, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES.
(c) PRODUCTS, OR COMPONENTS THEREOF, SUPPLIED BY ANY OTHER PARTY TO THE SELLER WHICH ARE NOT ASSEMBLED BY THE SELLER ARE COVERED ONLY BY THE INDIVIDUAL WARRANTY OF SUCH OTHER PARTY AND COPIES OF SUCH WARRANTIES WILL BE FURNISHED UPON REQUEST
(d) The Seller reserves the right to inspect products claimed defective under warranty either at the Purchaser’s location or at the Seller’s plant, freight prepaid. Any product proving defective due to faulty assembly within one year from date of shipment will be replaced or repaired free of charge, F.O.B., the Seller’s plant. The Seller assumes no liability for labor charges incidental to the adjustment service, repairing, removal or replacement of the product or other costs, or for the expense of repairs made outside of its factory except when made pursuant to the Seller’s prior written consent. The Seller, at its option, may ship a replacement or replacements immediate under standard billing and make warranty adjustment after inspection of the defective product by means of credit memorandum.
The Seller shall not be liable for damages for delays in performance due to circumstances beyond its reasonable control, including without limiting the generality of the foregoing, any priority system established by any agency of the United States Government, fires, floods, storms and other acts of God, accidents, strikes, insurrections, war, shortage of materials, lack of transportation and failure of performance of subcontractors and/or suppliers for similar reasons. Failure of the Seller to perform for these reasons aforesaid shall not be grounds for Purchaser’s cancellation of its order by the delivery date shall be extended accordingly.
LIMITATION OF LIABILITY:
No claim made hereunder by the Purchaser, whether as to goods delivered or for non-delivery, shall be greater than the purchase price of the goods in respect of which such claim is made, and the Seller shall under no circumstances be liable for consequential damages.
(a) This agreement may not be assigned or otherwise transferred by Purchaser without the prior written consent of the Seller, and any such assignment or transfer without such prior written consent shall be null and void and of no force or effect whatsoever.
(b) The Seller’s failure to insist, in one or more instances, upon the performance of any term or terms of this Agreement shall not be construed as a waiver or relinquishment of its right to such performance or the future performance of such term or terms and Purchaser’s obligation with respect thereto shall continue in full force and effect.
(c) Any notice or other communication required or permitted hereunder shall be sufficiently given if sent in writing by registered or certified mail, postage prepaid, to the other party thereto at its respective address first above written. Any such notice, if so mailed, shall be deemed to have been received on the third business day following such mailing. Either party hereto may change its address for notice purposes by written notice to the other party.
(d) The paragraph headings in this Agreement are used for convenience only. They form no part of this Agreement and are in no way intended to alter or affect the meaning of this Agreement.
(e) This Agreement may be amended at any time by mutual agreement of the parties hereto by an endorsement to this Agreement signed by each of them.
(f) The invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity or enforceability of any other of its provisions.
(g) This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
(h) We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act as amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.
All applicable federal, state or local sales, use, or excise taxes are the responsibility of the Purchaser and shall be in addition to the price or prices stated on the front side of this document unless otherwise specifically stated. The Seller shall have the right to invoice separately any such tax as may be imposed at a later time. Applicable tax exemption certificates must accompany any order to which this applies.
(a) CASH PAYMENT Net 30 Days unless otherwise stated. A service charge of 1½% per month (18% annual rate) will be charged on balances which are over 60 days.
(b) F.O.B. – Shipping Point unless otherwise stated.