Terms and Conditions

General

The following General Terms of Conditions and Sale apply to all sales. Terms of Sale proposed by a purchaser which are in conflict with our terms are not binding upon us, even when they are expressly made a condition of the order and even though we do not expressly repudiate them.

1) PRICES

All prices are understood to be f.o.b. Westwood, New Jersey or Fayetteville, Georgia warehouses. Prices stated on the invoice are binding only. All other prices are subject to change without notice.

2) TAXES

Any Federal or State sales or excise taxes will be added to prices quoted and will be paid by the purchaser.

3) TERMS

Our payment terms are 30 days net cash after delivery with approved credit. We reserve the right to alter our terms and to revoke quotations at any time prior to our acceptance of the purchaser’s order. No alterations or modifications of the terms and conditions of any order will be binding unless in writing and signed by an officer or other duly authorized employee of the seller and mutually approved by the purchaser and the seller. All products remain property of seller until paid in full and the purchaser is fully responsible for the merchandise received.

4) CANCELLATION

Orders are not subject to cancellation or hold-up on delivery including except with our consent and on terms which will compensate us for our loss on such cancellation or hold-up delivery. Made-to-Order or special, non-stock items are not cancelable at any time for any reason. Up to 100% cancellation charge may apply on large orders or special made-to-order or special items.

5) RETURNED GOODS

Only standard, unmodified catalog items will be considered for return upon obtaining our authorization and are subject to the following conditions: 1. No returns accepted after 90 days. 2. Prepaid transportation charges for the returned items. 3. Our inspection, to verify new condition and original packing. 4. A handling/ re-stocking charge will be applied. 5. Credit will be issued only towards future purchases. There will be no cash refund.

6) DELIVERY

All stated delivery dates in quotations, acknowledgements and invoices are non binding and subject to delay due to strikes, fires, accidents and other contingencies beyond our control. We will make our best efforts to deliver within the time stated. Our stated delivery time should not be deemed a guaranteed delivery date.

7) DAMAGES IN TRANSIT

Since deliveries are being made f.o.b. Westwood, New Jersey, losses or damages in transit are the responsibility of the purchaser and claims should be made against the carrier.

8) DIMENSIONS AND SPECIFICATIONS

We reserve the right to make changes and improvements in our products at any time without notice. Catalog dimensions are approximate and, if exact dimensions are required, certified prints will be furnished without charge upon request. Since weights shown in our catalog and literature are approximate and do not include weight of boxing for shipment, they cannot be used for determining freight allowances. Freight allowances will be determined at the time of shipment, based on actual shipping weight.

9) WARRANTY

All RINGFEDER, GERWAH and ECOLOC products are warranted to be free from defects in materials and workmanship for a period of one year from date of delivery to the original purchaser. We agree to furnish without charge, f.o.b. Westwood, New Jersey, an equivalent product of our manufacture, for any of our products proven to be defective within this period. This warranty will not apply to any products which have been subjected to abuse, misuse, accident, alterations or misapplication. This warranty is expressly in lieu of all other warranties, expressed or implied, and we assume no liability whatsoever for any consequential damages of the purchaser or any other party.

10) PATENTS

We assume responsibility as to our standard products for any claims against our customers alleging infringement of claims of U.S. patents issued at date of acceptance of the customer’s order. It is the responsibility of the customer to protect us against claims of patent infringement on products made to the customer’s design or specifications.

MISCELLANEOUS

All representations, conversations or preliminary negotiations shall be deemed to be merged into the contract formed by seller’s acceptance or purchaser’s order. The contract between the parties hereto shall be governed by and construed in accordance with the laws of the State of New Jersey.