GENERAL SALES CONDITIONS
- ORDERS AND QUOTES:
Orders are accepted only if confirmed by ROLLON in writing.
All quotations, whether written, verbal, or other, are not
binding.
- ORDER ACKNOWLEDGEMENTS:
Order acknowledgments are the only documents valid for the
acceptance of the previously agreed upon conditions. All orders
are valid only if confirmed in writing by our sales department
according to the general sales conditions stated herein.
- CATALOGS:
Technical characteristics, pictures, and all other data
stated on our catalogs and other technical documents are not
binding. We reserve the right to modify any characteristic or
description without notice.
- SPECIAL PRODUCTS
Special products can be manufactured to suit customer's
needs. Special products shall be defined as those products that
are not listed in current or past catalogs or any SN series
product. In such cases, ROLLON will build the product to our
drawing specifications and no other. Modifications to orders for
special products must be agreed to in writing by ROLLON Corp.
Orders for special products cannot be cancelled without
agreement in writing by ROLLON Corp. In cases of such accepted
cancellations, purchaser may be required to accept products and
components produced or in production at moment of cancellation
acceptance.
- ORDER CANCELLATION
Order cancellations will be accepted only if confirmed in
writing by our sales department. In case of a confirmed
cancellation, ROLLON Corp reserves the right to charge the
purchaser the expenses relevant to the progress of production
(products and components produced or in production at moment of
cancellation acceptance) and/or a restocking fee of 25% of the
value of the products cancelled (see condition 13). In case of
blanket orders the purchaser will be bound to take any products
being currently held in inventory for such orders as well as any
of the ordered products planned for production during the next
fourteen weeks.
- MINIMUM ORDER:
All orders must have a minimum value of $500.
- SELLING PRICES
Are those agreed at the time of acceptance of the order,
which has to be confirmed by ROLLON through the order
acknowledgement. Prices are to be intended as FOB ROLLON,
Sparta, NJ unless otherwise stated in writing.
- SPECIAL PRICES:
The prices for special version products will be given time
by time. The validity of the special prices is one month unless
otherwise agreed.
- DELIVERY TERMS:
The agreed delivery time is intended as dispatch time from
ROLLON Corp.’s premises, not delivered at the purchaser's
premises. Although the fulfillment of agreed delivery time is
carried out with utmost attention, the delivery time is not
binding. The delivery time can be postponed in case of:
Objective difficulties in procuring material;
Delays in purchaser's payments;
Purchaser's breach of contract;
Eventual modifications accepted by us after receipt of the
order;
Interruption of shipping services;
Inaccuracies, errors, and delays in order transmitting;
Riots, strikes, lockouts, labor difficulties, civil commotion,
wars, fires,
floods, explosions, governmental regulations, court order, acts
of God;
Other causes outside the control of
ROLLON.
All risks pass to the purchaser from the moment the goods are
dispatched from ROLLON's premises. This is valid for all
deliveries leaving ROLLON's premises
- PENALTY:
No penalty clause will be accepted if not previously agreed
upon in writing by ROLLON management.
- PAYMENTS:
Standard Terms are Net 30 days. ROLLON reserves the right to
insist on other payment terms including Prepayment, COD,
Deposits, or other. Payments must be issued to our office in
Sparta, NJ. Orders $10,000 or greater (including the sum of
multiple orders over a two week period) require a 30% deposit
which will be applied to the final invoice. Deposits are
nonrefundable. First time customers require completion of our
standard credit application. A non-refundable deposit is
required on all “special” orders. There is a FINANCE CHARGE
on all accounts not paid within 30 days from the date of the
first billing. The FINANCE CHARGE is 1.5% per month; the ANNUAL
PERCENTAGE RATE is 18%. In the event this account is placed with
an attorney for collections, purchaser agrees to pay all legal
fees as well as costs and accrued interest. The above stated
corporate entity and guarantor consent to the jurisdiction and
venue of the courts of the State Of New Jersey, Sussex County,
for any and all litigation arising out of this agreement. Should
terms not be met, ROLLON Corporation reserves the right to
cancel terms without prior notice.
In case of late payments or non-payments, ROLLON reserves the
right to immediately stop production and/or the delivery of the
goods on order without notice to the purchaser who will not have
right to compensation of any kind.
- GUARANTEE:
ROLLON warrants, to the original purchaser only, that the
products (a) conform to the specifications published in its
catalogs or as otherwise communicated to the purchaser, and (b)
are free from defects in material or workmanship. This warranty
expires one year from the date of delivery. Any failure of the
products to conform to the foregoing warranty must be
communicated to ROLLON Corporation in writing within 13 months
after date of invoice. ROLLON Corporation shall have the option,
in its discretion, of correcting any failure or defect,
providing replacement products, or providing a full refund of
the purchase price. These remedies are the purchaser's exclusive
remedies for breach of warranty.
Any repair of defective products, including parts and labor,
will be performed at ROLLON's expense and at its facilities. All
freight must be prepaid by the customer. The limited warranty
and limited remedy set forth above constitute the only warranty
of ROLLON Corporation and the purchaser's only remedies in the
event such warranty is breached. The foregoing limited warranty
is exclusive of all other warranties pertaining to the products,
written or oral, express or implied, including but not limited
to the implied warranties of merchantability and fitness for a
particular purpose, or against patent infringement.
ROLLON does not warrant:
Defects caused by failure to provide a suitable installation or
storage environment for the product;
Damage caused by use of the product for purposes other than
those for which it was designed;
Damage caused by unauthorized attachments or modifications;
Products which have been repaired or altered outside of our
facility whether with components supplied by ROLLON or its
distributors ornot;
Defects caused by incorrect and/or poor maintenance and /or
Any other abuse or misuse by the purchaser.
In no event will ROLLON Corporation be liable for any special,
incidental or consequential damages, including but not limited
to claims for injury to or death of persons, or for damage to
property, based on breach of warranty, breach of contract,
negligence, strict tort or any other legal theory, including
loss of profits or revenues, loss of use of the product, cost of
any substitute equipment or facilities, and the claims of
customers or other third parties. Any action for breach of
warranty must be commenced within 13 months following delivery
of the product. The purchaser acknowledges that it is selecting
the product and/or system choices for its particular
applications, and is relying on its own engineering expertise
and not the expertise of ROLLON in making such selections and
specifying ROLLON products.
- COMPLAINTS:
Complaints must be addressed to ROLLON Corp.'s office in
writing with all documentation within 13 months of receipt of
goods. Returns of products are only admissible if authorized by
ROLLON in writing and only with an authorization number.
Authorized returns of goods must be delivered to ROLLON’s
premises (if the ROLLON products are found to be not defective,
all costs related to the shipment will remain at purchaser's
cost. See condition #14.) ROLLON's responsibility is limited
only as listed in condition 12.
- RETURN OF GOODS:
Any and all expenses (customs, freight, etc) related to
return shipments (not addressed in conditions #12 and/or 13)
shall be paid by purchaser. A restocking fee of 25% of sale
price shall be added in all cases.
- PACKING:
Standard packing is free of charge.
- SHIPMENT:
The goods travel at purchaser's risk. Claims for damaged
shipments must be made immediately to carrier at time of
consignment and then immediately in writing to ROLLON Corp; if
not made to carrier/shipper at time of delivery, all claims may
be denied. ROLLON Corp declines any responsibility for the
choice of means of shipping method and/or carrier. Any eventual
claims due to quantity difference or to incorrect product types
will be examined only if presented in writing within 1 week from
the receipt of goods and stating the gross weight at the time
the goods were received.
- LEGAL AUTHORITY:
All terms and conditions are according to the laws of the
state of New Jersey.
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