Terms and Conditions of Sale

1. APPLICATION
The following terms and conditions shall govern the sale by Ross Equipment, Inc. (hereinafter referred to as "REI") to Customer on orders for products sold by REI. By accepting delivery of the product described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. REI reserves the right to change these terms and conditions without prior written notice at any time, at REI's sole discretion.

2. OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify these terms and conditions will be null and void unless agreed to in writing by an authorized officer of REI.

3. MINIMUM ORDERS AND FREIGHT CHARGES
REI pays freight on orders shipped within the contiguous United States that meet a qualifying minimum dollar amount. Any questions regarding this amount should be directed to REI by using the contact us Link, or by calling Customer Service at (800) 290-9798. Customers pay shipping charges on emergency air orders and/or when the carrier is specified by the Customer. Orders for product in stock will generally ship the same or next business day, unless otherwise scheduled for a specific delivery cycle. Emergency orders to be shipped by airfreight can be placed until 4:00 PM Eastern Time for shipment the same day if product is in stock. Emergency orders placed after 4:00 PM Eastern Time are not guaranteed same day shipment, however every effort will be made to accommodate those orders. Drop shipments are sent direct from the manufacturer and are subject to the shipping times available from their docks.

4. PAYMENT TERMS, ORDERS AND QUOTES
Terms of payment shall be determined at REI's discretion. All terms must be agreed to by REI prior to acceptance of Customer's order. Payment shall be made by credit card, check or some other pre-arranged method of payment acceptable to REI. Orders are not binding on REI until accepted by REI. Any quotation provided by REI will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours. Where payment is made by credit and debit card, such payment is subject to the approval of the financial institution issuing the card and REI shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. If REI has agreed to extend credit terms, Customer shall pay invoices within thirty (30) days from the date of the invoice and otherwise in accordance with the terms stated on such invoice.

5. PRICES, SHIPPING AND HANDLING CHARGES, TAXES AND CUSTOMS
Prices do not include charges for shipping and handling, taxes, customs or duties, except that shipping charges shall be included in those cases where the Customer meets the qualifying minimum dollar amount described in Section 3 above. In all other cases, separate charges for shipping and handling will be shown on the invoice. Customer is responsible for all sales, use and other taxes associated with the order, however designated.

6. TITLE AND RISK OF LOSS OR DAMAGE DELIVERY
Title and risk of loss shall pass to Customer upon shipment from REI's facility, or a manufacturer's facility, as applicable. Unless otherwise agreed in a written agreement between Customer and REI, REI may deliver the products ordered in installments. Any delivery or anticipated shipment dates are estimates only and REI is not liable for, and expressly disclaims any loss, damage, cost or expense associated in any way with failure to deliver in accordance with a specific delivery or shipment date.

7. PRODUCT AVAILABILITY
Products may not be available for immediate delivery. REI reserves the right, without liability or prior notice, to revise or cease to make available any or all products. If there is any revision or cessation of the product ordered by Customer, REI may ship products, which have functionality similar to the products ordered, but there may be differences in the specifications or brand between what was shipped and what was ordered. REI may revise or discontinue any of the products offered for sale at any time.

8. RETURN POLICIES
All exchanges and returns require a Return Authorization number, which can be obtained by sending a message through the “CONTACT US “ link or by fax at 800-956-2651. All return requests must be in writing. All returned products must be in resalable condition, and in original packaging. Products and packaging cannot be damaged or marked. Returns will be authorized for standard stocking items purchased within the last 90-days. Return requests for items purchased after the 90-day period will be reviewed and an analysis performed to determine demand by REI in its sole discretion. If the part is approved for return, a 10% restocking fee will be applied. If any items are classified as special order, obsolete, slow moving or non-stocking, the return authorization will be declined. Returns totaling over $500.00 or 10 items are subject to the same approval process and will incur a 20% restocking fee. Return shipping charges must be paid by Customer. Items returned without prior approval may be refused. REI reserves the right to deny any return based on any criteria as determined by REI. After authorization of the return and receipt and inspection of the approved merchandise, credit will be issued at the current dollar amount or amount valid at time of purchase as determined by REI.

9. CATALOG ACCURACY
The catalog information is furnished for the convenience of our customers. REI makes no guarantee, either expressed or implied, as to the accuracy of any information provided in the catalog. Any representations set forth in the catalog as to product use or application are for illustrative purposes only and are not designed or intended to be relied upon by customers who purchase the product.

10. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the REI Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Customer is entirely responsible for maintaining the confidentiality of any login or password used to access secure areas of this Site. Customer is solely and entirely responsible for any and all purchases or other activities that occur on this Site under its login account, including any losses incurred by REI or another party due to someone else using Customer's account or password. Customer further agrees to notify REI immediately of any unauthorized use of its account or if it discovers any other breach of security. REI will not be liable for any loss that Customer may incur, including any that may occur as a result of someone else using Customer's account or password, whether such use occurs with or without Customer's knowledge.

11. WARRANTY DISCLAIMER
IF APPLICABLE AND PERMITTED, REI WILL TRANSFER THE MANUFACTURER'S WARRANTY FOR THE PRODUCT. ALL RECOURSE UNDER THE WARRANTY, IF ANY, SHALL BE TO THE MANUFACTURER AND REI SHALL HAVE NO RESPONSIBILITY OR DUTY WITH RESPECT TO SUCH WARRANTY. ALL PRODUCTS ARE SOLD "AS IS" WITH ALL FAULTS WITHOUT WARRANTY FROM REI OF ANY KIND, EITHER EXPRESSED OR IMPLIED. REI AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. REI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, OR COSTS OF REPLACEMENT GOODS, EVEN IF REI OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL REI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO FAILURE OF ESSENTIAL PURPOSE, DEFECT, REPLACEMENT COST OR LOSS OF USE OF ANY KIND, EVEN IF RFP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE RIGHTS UNDER THIS AGREEMENT ARE TO RETURN THE PRODUCT UNDER THE RETURN POLICY SET FORTH ABOVE. IF ANY LAW OR COURT FINDS THIS LIMITATION OF LIABILITY OR ANY PART OF IT UNENFORCEABLE, CUSTOMER'S SOLE REMEDY SHALL BE A REFUND OF THE PURCHASE PRICE FOR THE PRODUCT.

13. JURISDICTION AND VENUE
The laws of the State of New Jersey will govern these terms and conditions, without giving effect to any principles of conflicts of laws. REI reserves the right to make changes to the products offered and to these terms and conditions at any time, without notice or consent. You must file any claim or cause of action arising under these terms and conditions in a state or federal court nearest to Newark NJ, which shall be the exclusive venue, within one year after any claim arises.