Terms and Conditions of Use

Controlling Terms

Buyer expressly agrees that Seller's invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of product(s) listed on the invoice and no different or additional terms or conditions in Buyer's purchase order or in any other prior or subsequent communications in any way adding to, or modifying or otherwise changing these terms and conditions of sale shall be binding upon Seller.

Acceptance of Orders

Seller may accept buyer's offer to purchase and shall be bound to supply the applicable Goods in accordance with the terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission or by any other statement, act or course of conduct which constitutes acceptance under any applicable law.

Prices

Unless otherwise indicated on the face of the invoice, all prices are final. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which become payable to Seller under any other agreement.

Delivery

Unless otherwise agreed in writing signed by the officer of Seller, all deliver dates are estimates. Seller shall use its reasonable efforts to deliver all product(s) within the time specified. However, in no case shall Seller be liable for any expense, loss, or damage whatsoever suffered by Buyer as a result of Seller's failure to deliver product(s) by the specified date. It is imperative to note here that an international buyer (buyer outside the U.S.) is responsible for customs matters in the destination country. For more information on delivery, please refer to Delivery & Return section.

Transportation and Risk of Loss

The method and rout of shipment are at Seller's discretion unless Buyer timely supplies explicit instructions. Title to the product(s) passes to the Buyer when product(s) is or are delivered to the selected carrier, even is Seller made a conforming tender. 

Cancellation

  • Any order placed with and accepted by Seller may be cancelled by Buyer upon Seller's approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss.
  • Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred.
  • Seller will not accept cancellations of special orders of non-standard, non-price list products, including gift card(s).
  • Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is subject to bankruptcy protection, or is the subject of receivership, liquidation, dissolution of similar proceeding.
  • Seller may cancel all or any part of this order without liability to buyer when product(s) is or are - for whatever reason - is no longer in stock or no longer in good condition.

Taxes

RACKMETRO.com collects no sale taxes. Buyer is responsible for any tax or governmental charge that buyer is required to pay to the government. All prices are FOB Seller's facilities. Applicable freight costs will be added to the invoice.

Warranty and Disclaimer

Buyer shall make warranty claims only with manufacturers. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not regarded as a specification of warranty, unless specifically stated in writing to be such.

Limitation of Liability

Buyer acknowledges and agrees that Seller's liability for any claims with respect to products shall not exceed the amount paid by the buyer for the products under the Invoice even if Seller's liability is due in whole or in part to its own negligence.

Return of Material

Upon delivery of product(s), Buyer shall have 3 days to inspect product and notify Seller in writing of any defective goods or other cause for rejection. Buyer agrees that 3-day period provides Buyer a reasonable opportunity to inspect the product(s).



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  • Flagstaff, AZ., U.S.A.

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