TERMS AND CONDITIONS OF SALE
1. APPLICATION OF TERMS The following terms and conditions shall govern sales of products by Ryder Fleet Products, Inc. (hereinafter referred to as "RFP") to Customer. By accepting delivery of the product described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. At any time and at RFP’s sole discretion, RFP reserves the right to change these terms and conditions without prior written notice.
2. MODIFICATIONS These terms and conditions may not be supplemented, altered or modified by 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 RFP.
3. FREIGHT CHARGES AND SHIPPING
- Freight Charges. RFP 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 RFP by using the Contact Us Link, or by calling Customer Service at (800) 759-6479. Customers pay shipping charges for emergency air orders and/or when the carrier is specified by the Customer.
- Timing. 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. RFP may deliver the products ordered in installments. Any delivery or anticipated shipment dates are estimates only and RFP 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.
- Title. Title and risk of loss shall pass to Customer upon shipment from RFP's facility or a manufacturer's facility, as applicable, unless otherwise agreed in a written agreement between Customer and RFP.
- Responsibility. For the avoidance of doubt, RFP will not be liable for loss, damage, delay, shortage, misdelivery, non-delivery, misinformation caused by events we cannot control, including but not limited to acts of God, weather conditions, mechanical delays and civil commotions.
4. PAYMENT TERMS, ORDERS AND QUOTES Terms of payment shall be determined at RFP's discretion. All terms must be agreed to by RFP prior to acceptance of Customer's order. Payment shall be made by credit card, procurement card, check or some other pre-arranged method of payment acceptable to RFP. Orders are not binding on RFP until accepted by RFP. Any quotation provided by RFP 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/or procurement card, such payment is subject to the approval of the financial institution issuing the card and RFP shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. If RFP 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. TAXES AND SHIPPING CHARGES 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(1) above. In all other cases, separate charges for shipping and handling will be shown on the invoice. Customer is responsible for all sales and other taxes associated with the order, however designated.
6. PRODUCT AVAILABILITY Products may not be available for immediate delivery. RFP 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, RFP 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. Product prices and availability are subject to change at any time and without notice.
7. RETURN POLICIES
- All Exchanges. All exchanges and returns must be made within twelve (12) months of purchase, in writing, and require a Return Authorization number which can be obtained through the Submit A Request Link or by sending a message through the Contact Us Link or by fax at 770-338-9220. All returned products must be in resalable condition (original condition and packaging, unopened and uninstalled, including all original materials supplied with the item). Return shipping charges must be paid by Customer. Items returned without prior approval may be refused. RFP reserves the right to deny any return based on any criteria as determined by RFP. 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 the time of purchase as determined by RFP.
- Non-Stocking and Large Orders. Returns on special order and/or non-stocking items (any item returned after 90 days from purchase) will be handled on a case by case basis. If the part is approved for return, a 10% restocking fee will be applied. If any items are classified as obsolete or slow moving, the return authorization will be declined. Return requests for non-stocking items returned after the 90-day period will be reviewed and an analysis performed to determine demand by RFP in its sole discretion and may be declined. Returns totaling over $500.00 or 10 items are subject to the same approval process and will incur a 15% restocking fee.
8. CATALOG ACCURACY The catalogue information is furnished for the convenience of our customers. 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. RFP does not warrant or guarantee, expressly or by implication, that product descriptions or other content of any product representation are accurate, complete, reliable, current, or error-free.
9. ACCESS TO PASSWORD PROTECTED/SECURE AREAS Access to and use of password protected and/or secure areas of the RFP 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 RFP or another party due to someone else using Customer's account or password. Customer further agrees to notify RFP immediately of any unauthorized use of its account or if it discovers any other breach of security. RFP 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.
10. MANUFACTURER’S WARRANTY If applicable and permitted, RFP will transfer the manufacturer's warranty for the product. ALL RECOURSE UNDER THE WARRANTY, IF ANY, SHALL BE TO THE MANUFACTURER AND RFP SHALL HAVE NO RESPONSIBILITY OR DUTY WITH RESPECT TO SUCH WARRANTY. ALL PRODUCTS ARE SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, RFP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TO THE FULL EXTENT PERMISSIBLE BY LAW, RFP AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES AND COSTS OF REPLACEMENT GOODS, EVEN IF RFP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, RFP SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING UNDER ANY CIRCUMSTANCES, 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.
12. JURISDICTION AND VENUE The laws of the State of Florida will govern these terms and conditions without regard to any principles of conflicts of laws. RFP reserves the right to make changes to the products offered and to these terms and conditions at any time, without notice or consent. The parties agree that any action relating to these terms and conditions will be filed within one year of the claim arising and that the exclusive venue for such action shall be in a court of competent jurisdiction in Miami-Dade County, Florida.