Full Product Manual
17.1
TERMS AND CONDITIONS OF SALE
Ridge Tool Company is herein referred to as “Ridge and/or Seller” and the
customer or person or entity purchasing goods or services (hereinafter
collectively referred to as “Goods”) is referred to as the “Buyer”. These
Terms and Conditions, any price list or schedule, quotation, acknowledgment
or invoice from Ridge relevant to the sale of the Goods and all documents
incorporated by specic reference therein, constitute the complete and
exclusive statement of the terms of the agreement governing the sale of Goods
by Ridge to Buyer. Buyer’s acceptance of the Goods will manifest Buyer’s
assent to these terms and conditions without variation or addition. Any different
or additional terms in Buyer’s purchase order or other Buyer documents are
hereby objected to. Ridge reserves the right in its sole discretion to refuse
orders.
1. PRICES AND TAXES: Unless a xed price is quoted, the price at which
this order is accepted is subject to adjustment to Ridge’s price in effect at the
time of order. Any current or future tax or governmental charge (or increase
in same) affecting Seller’s costs or production, sale or delivery or which Seller
is otherwise required to pay or collect in connection with the sale, purchase,
delivery, storage, processing, use or consumption of Goods (but excluding any
tax on Seller’s net income or prot) shall be for Buyer’s account and shall be
added to the price.
2. TERMS OF PAYMENT: Terms are stated on Ridge’s invoice in U.S.
currency. Ridge shall have the right, among other remedies, either to terminate
this agreement or to suspend further performance under this and/or other
agreements with the Buyer in the event Buyer fails to make any payment when
due, which other agreements Buyer and Seller hereby amend accordingly, or
Ridge otherwise deems itself insecure. Buyer shall be liable for all expenses,
including attorneys’ fees, relating to the collection of past due amounts. Should
Buyer’s nancial responsibility become unsatisfactory to Ridge, cash payments
or security satisfactory to Ridge may be required by Ridge for future deliveries
and for the goods theretofore delivered. If such cash payment or security is
notprovided,inadditiontoRidge’sotherrightsandremedies,Ridgemay
discontinue deliveries.
3. SHIPMENT AND DELIVERY: Unless otherwise expressly provided,
shipments are made F.O.B. Ridge’s shipping point. Risk of loss or damage
and responsibility shall pass fromRidge to Buyer upon delivery to and receipt
by common carrier. Any claims for shortages or damages suffered in transit
are the responsibility of Buyer and shall be submitted by the Buyer directly to
the carrier. Shortages or damages must be acknowledged and signed for at
the time of delivery. While Ridge will use all reasonable commercial efforts to
maintain the delivery date(s) acknowledged or quoted by Ridge, all shipping
dates are approximate and not guaranteed. Ridge reserves the right to make
partial shipments. Ridge, at its option, shall not be bound to tender delivery
of any Goods for which Buyer has not provided shipping instructions. If the
shipmentoftheGoodsispostponedordelayedbyBuyerforanyreason,Buyer
agrees to reimburse Ridge for any and all handling and storage costs and other
additional expenses resulting therefrom. All claims for shipping errors, lost
shipments or any other discrepancies must be made within ninety (90) days
or they will be disallowed and deemed waived. Risk of loss and legal title to
theGoodsshalltransfertoBuyerforsalesinwhichtheenddestinationofthe
Goods is outside of the United States immediately after the Goods have passed
beyond the territorial limits of the United States.
4. RIDGE WARRANTY: RIDGE covers its products with a LIFETIME
WARRANTY against defects in material or workmanship for the life of the tool.
Pipe or drain cleaning tools, rods and cable, are not covered by this warranty
and are considered expendable material. To take advantage of this warranty,
the complete product must be delivered prepaid to RIDGE TOOL COMPANY or
any RIDGID AUTHORIZED INDEPENDENT SERVICE CENTER. Pipe wrenches
and other hand tools should be returned to place of purchase.
This warranty shall not apply to any Goods including but not limited to which:
(a) Have been repaired or altered outside Ridge’s factory or RIDGID Authorized
Independent Service Center or in any manner so as, in Ridge’s judgment, to
affect its serviceability or proper operation.
(b) Have been subjected by persons other than Ridge or RIDGID Authorized
Independent Service Center to improper handling, operation, maintenance,
repair or alteration.
(c) Have been subjected to normal wear and tear, misuse, negligence, improper
installation or accident.
Ridge’s obligation under this warranty, and the Buyer’s exclusive remedy for the
breach thereof, shall be limited to, at Ridge’s option, repair or replacement of
any allegedly defective Goods or issuance of credit. Ridge requires the return
of any allegedly defective Goods, transportation prepaid, before honoring any
claim. All returned Goods are subject to inspection, and if examination does
not disclose any defect covered by this warranty, replacement of such Goods or
issuance of credit for same will not be approved.
THE FOREGOING CONSTITUTES RIDGE’S SOLE WARRANTY
RESPONSIBILITY AND BUYER’S EXCLUSIVE REMEDY WHETHER
SOUNDING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT.
THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
OTHERWISE. No employee, agent, dealer, or other person is authorized
to give any warranty on behalf of Ridge.
This warranty extends only to persons or organizations who purchase the Goods
from Ridge for resale.
5. LIMITATION OF REMEDY AND LIABILITY:
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY
HEREUNDER SHALL BE LIMITED TO REPAIR, CORRECTION,
REPLACEMENT OR CREDIT UNDER SECTION 4. RIDGE SHALL NOT BE
LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, AND IN
NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF
ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE,
STRICTLIABILITY,OTHERTORTOROTHERWISE),SHALLRIDGE’S
LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE
PAID BY BUYER FOR THE SPECIFIC GOODS GIVING RISE TO THE CLAIM
OR CAUSE OF ACTION, AND BUYER SHALL INDEMNIFY RIDGE FOR
ANY DAMAGES IN EXCESS THEREOF. BUYER AGREES THAT IN NO
EVENT SHALL RIDGE’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS
INCLUDE SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES OF ANY CHARACTER IN CONNECTION WITH
THE SALE, RESALE OR USE OF THE GOODS, WHICH ARE WAIVED BY
BUYER AND AS TO WHICH BUYER SHALL INDEMNIFY RIDGE. The
term“consequential damages” shall include, but not be limited to, loss of
anticipated prots, business interruption, loss of use of revenue, cost of capital
or loss of or damage to property, equipment, or data, or loss of reputation.
Further, Buyer shall indemnify and hold Ridge harmless from any liability to
Buyer, Buyer’s employees, workers, contractors or any other persons arising
outofBuyer’s,andanyotherpersons’,useoftheGoods.Allinstructionsand
warnings supplied by Ridge will be passed on to those persons who use the
Goods. Ridge’s Goods are to be used in their recommended applications and all
warning labels adhered to the Goods by Ridge shall be left intact.
6. EXCUSE OF PERFORMANCE (FORCE MAJEURE): Ridge shall not be
liable for delays in performance or for non-performance due to acts of God;
acts of Buyer; war; re; ood; weather; sabotage; strikes, labor disputes, civil
disturbances or riots; governmental requests, restrictions, allocations, laws,
regulations, orders or actions; unavailability of or delays in transportation;
default of suppliers; or unforeseen circumstances or events beyond Ridge’s
TERMS AND CONDITIONS OF SALE