Full Product Manual
17.2
reasonable control. Deliveries or other performance may be suspended for an
appropriateperiodorcancelledbyRidgeuponnoticetoBuyerintheeventof
any of the foregoing, but the balance of this agreement shall otherwise remain
unaffected. If Ridge determines that its ability to supply the total demand for
theGoods,ortoobtainmaterialuseddirectlyorindirectlyinthemanufacture
of the Goods, is hindered, limited or made impracticable due to causes set
forth herein, Ridge may allocate its available supply of the Goods or such
material (without obligation to acquire other supplies of any such Goods or
materials) among itself and its purchasers on such basis as Ridge determines
to be equitable without liability for any failure of performance which may result
therefrom.
7. CHANGES: Ridge reserves the right to change designs and specications for
standard Goods without prior notice to Buyer, but not with respect to custom
Goods being made for Buyer. Ridge shall have no obligation to install or make
such change in any Goods manufactured prior to the date of such change.
8. ASSIGNMENT: Buyershallnotassignitsrightsordelegateitsduties
hereunder or any interest herein without the prior written consent of Ridge, and
any such assignment, without such consent, shall be void.
9. INSTALLATION: Buyer shall be responsible for receiving, inspecting, testing,
storing, installing, starting up and maintaining all Goods.
10. INSPECTION/TESTING: Buyer, at its expense, agrees that it will promptly
inspect the Goods upon receipt thereof, and in no event later than thirty (30)
days from the date of receipt of the Goods. Buyer shall deliver to Ridge within
fteen (15) days of inspection, but in no event later than forty-ve (45) days
from the date of receipt of the Goods, written notice of any and all deciencies,
defects, variations from specications or complaints of any kind with respect to
the quantity, quality, condition, shipment, performance, price or appearance of
the Goods so received by Buyer. In the event no such written notice is received
by Ridge, Buyer shall be deemed conclusively to have inspected and accepted
all such Goods unconditionally and to have waived any and all rights and claims,
includingwithoutlimitationanyrighttorejecttheGoodsortoclaimdamagesin
respect thereof. Buyer may not return goods without rst advising Ridge of the
reasons therefore, obtaining from Ridge a material authorization number and
observing such instructions as Ridge may give in authorizing such return.
11. SERVICES: If this agreement requires Ridge to perform or provide any
services, Ridge (including without limitation its successors, assigns, agents
or any person or entity acting at Ridge’s direction) shall not be responsible for
any damages, claims, liabilities or expenses of any nature arising out of such
services.
12. U.S. EXPORT CONTROL LAWS: AllGoodssoldtoBuyerbyRidge
hereunder are subject to U.S. Export Control Laws. Buyer hereby agrees not to
re-sell or divert any goods contrary to such laws.
13.SELLER’SCOMPLIANCE:Seller shall comply with all applicable federal,
state or local laws, rules, regulations, or orders. Seller/Contractor shall comply
with Executive Order 11246, as amended by Executive Order 11375, and the
applicable provisions of the Ofce of Federal Contract Compliance Programs
(OFCCP), 41 CFR Part 60, which are incorporated herein by this reference.
14. MISCELLANEOUS: These terms and conditions supersede all other
communications, negotiations and prior oral or written statements regarding
the subject matter hereof. No change, modication, rescission, discharge,
abandonment, or waiver of these terms and conditions shall be binding upon
Ridge unless made in writing and signed on its behalf by its duly authorized
representative. No conditions, usage or trade, course of dealing or performance,
understanding or agreement purporting to modify, vary, explain, or supplement
these terms and conditions shall be binding unless hereafter made in writing
and signed by Seller. No modication shall be effected by Ridge’s receipt or
acceptance of Buyer’s purchase orders, shipping instruction forms, of other
documentation containing terms at variance with or in addition to those set
forthherein,allofwhichareobjectedtobyRidge.Anysuchmodicationsor
additional terms are specically rejected by Ridge. No waiver by Ridge with
respect to any breach or default of any right or remedy and no course of dealing,
shallbedeemedtoconstituteacontinuingwaiverofanyotherbreachordefault
of any other right or remedy, unless such waiver be expressed in writing and
signed by Ridge. All typographical or clerical errors made by Ridge in any
quotation, acknowledgment or publication are subject to correction. Validity and
performance relating to the interpretation and effect of this agreement shall be
governed by the laws of the state of Ohio without regard to its conict of law
principles.
15. DISPUTE RESOLUTION: In the event of any dispute INCLUDING, BUT
NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY,
CLAIMS BASED IN TORT, NEGLIGENCE, PRODUCT LIABILITY, FRAUD,
MARKETING, STATE OR FEDERAL REGULATIONS, ANY CLAIMS REGARDING
THEENFORCEABILITYOFTHISLIMITEDWARRANTY,ANDTHEWAIVER
OF CLASS ACTION TRIALS between Buyer and Seller, either may choose
to resolve the dispute by binding arbitration, as described below, instead of
in court. THIS MEANS IF EITHER BUYER OR SELLER CHOOSE BINDING
ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE
SUCH CLAIM IN COURT OR HAVE A JURY TRIAL. DISCOVERY AND APPEAL
RIGHTS ARE LIMITED IN BINDING ARBITRATION. Buyer and Seller agree
that the proper venue if Arbitration is not so chosen by Buyer or Seller of all
actions arising in connection herewith shall be only in the state of Ohio and
the parties agree to submit to such jurisdiction. No action, regardless of form,
arising out of transactions relating to the agreement, may be brought by either
party more than two (2) years after the cause of action has accrued. The U.N.
Convention on Contracts for the International Sales of Goods shall not apply to
this agreement.
16. CLASS ACTION WAIVER: BINDING ARBITRATION MUST BE ON AN
INDIVIDUAL BASIS. THIS MEANS NEITHER BUYER NOR SELLER MAY JOIN
OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR
LITIGATEINCOURTORARBITRATEANYCLAIMSASAREPRESENTATIVEOR
MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
ADMINISTRATION OF ARBITRATION: The binding arbitration must be
administered by the American Arbitration Association (“AAA”) in accordance
withitsCommercialArbitrationRulesand/orSupplementaryProceduresfor
Consumer-Related Disputes (including proceedings to mitigate costs of travel).
This binding arbitration is governed by the Federal Arbitration Act (“FAA”) (9
USC 1, et. seq.) and will govern the interpretation and enforcement. The
binding arbitration shall be held at a location determined by AAA or at such
other location as mutually agreed. In addition to the terms stated above,
the following will apply to the binding arbitration: (1) the arbitrator, and not
any federal, state, or local court or agency, will have exclusive authority to
resolve any dispute relating to the interpretation, applicability, enforceability
or formation of this Agreement including any claim that all or any part of this
Agreement is void or voidable; (2) the arbitrator shall apply Ohio law consistent
with the FAA.
WARNING: Cancer/Reproductive Harm
www.P65Warnings.ca.gov
Certain RIDGID products listed in this catalog can expose you to chemicals
which are known to the state of California to cause cancer, birth defects
and other reproductive harm. To understand which RIDGID products are
affected,andthechemicalsinvolved,pleasevisittheRIDGIDwebsiteatRIDGID.
com and click the “CA. Prop 65 Warning” listed in the Quick Links
of the homepage.
TERMS AND CONDITIONS OF SALE