Terms & Conditions
BY KEEPING THIS PRODUCT AND/OR INSTALLING THIS PART IN YOUR VEHICLE, YOU ARE WAIVING ANY & ALL RIGHTS TO A CHARGEBACK EITHER THROUGH PAYPAL OR YOUR CREDIT CARD COMPANY, CALL US TO DISCUSS ANY ISSUES.
THIS AGREEMENT INCLUDES:
1. Agreement to Contract Electronically
5. Purchasing Policy
7. Limitation of Liability
8. Intellectual Property
9. User Submissions
10. Links to Other Web Sites
11. Unsolicited Ideas
12. General Legal Provisions
1. AGREEMENT TO CONTRACT ELECTRONICALLY:
You agree to contract electronically with RMT. You agree that this electronic Terms of Service agreement, combined with your act of using the services offered on this Web Site or clicking on "I Agree," have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Service on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement.
We may discontinue, add to, modify, upgrade, or replace all aspects of the Web Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Web Site.
5. PURCHASING POLICY
Purchases: On the Web Site, you will be given the opportunity to purchase RMT products. You should contact RMT at 954-934-9595 if you have any questions on purchases made, product availability, product pricing, or other concerns about the products.
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER RMT NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES RMT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEB SITE.
ALL SERVICES, PRODUCTS, MERCHANDISE, CUSTOMIZATION, AND MATERIALS OBTAINED THROUGH THE WEB SITE INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND "COOKIES," ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME, WHETHER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT RMT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
RMT IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THIS WEB SITE OR ASSOCIATED SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER RMT OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT AT ISSUE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RMT OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS WEB SITE; (ii) THE DELAY OR INABILITY TO USE THIS WEB SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE; AND (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT PAYMENT BY RMT OR RETENTION BY YOU OF DIRECT DAMAGES AS LIMITED BY THE FOREGOING PARAGRAPH IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF SERVICE, AT OR IN EQUITY. IN NO EVENT WILL RMT BE LIABLE FOR ANY DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. INTELLECTUAL PROPERTY
Copyrights: All of the content on this Web Site, including, but not limited to, any text, graphics, logos, button icons, images, pictures, audio clips, and software, is the property of RMT, our partners, or content providers and is protected by United States copyright laws. The contents of the Web Site are copyrighted as a collective work under the United States copyright laws. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of RMT.
Trademarks: All trademarks, trade names, brand names, and service marks of RMT, whether registered or unregistered, are the property of RMT and are protected by United States trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the prior written consent of RMT. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
Patents: All patents issued to and patent applications filed by RMT are the property of RMT and are protected by United States patent laws. Any use of these patented or patentable assets is prohibited without the prior written consent of RMT.
Limited License: You may display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on the Web Site or otherwise known to you, download portions of the material from the various locations on RMT solely for your personal, non-commercial use.
Termination of License: If you violate any of these Terms of Service, your permission to use the content of this Web Site automatically terminates, and you must immediately destroy any copies you have made of any portion of the content.
Copyright Infringement: If you believe that any material contained in this Web Site infringes your copyright, you should notify RMT of your copyright infringement claim in accordance with the following procedure.
RMT will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Web Site's Designated Agent who is:
Copyright Agent RMT 6689 NW16th Terr, Fort Lauderdale, FL 33309 Telephone: (954) 934-9595 E-mail: email@example.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C.):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. USER SUBMISSIONS
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Web Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant-or warrant that the owner of such content has expressly granted RMT a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium or any form, format, or forum now known or hereafter developed. RMT may sublicense its rights through multiple tiers of sublicenses.
10. LINKS TO OTHER WEB SITES
This Web Site may contain links to third party web sites ("Third Party Sites"). We do not, either expressly or by implication, endorse the content on these Third Party Sites. The links are provided for your convenience only. We have no control over such Third Party Sites, nor do we review the content on those Third Party Sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that RMT is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third Party Site or resource.
11. UNSOLICITED IDEAS
RMT does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, or new product names. Please do not send any such unsolicited ideas. If you send any such information, the information will be deemed, and shall remain, the property of RMT. None of the information will be treated as confidential or proprietary, and RMT shall not be liable for any use or disclosure of such information. RMT shall be entitled to unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
12. GENERAL LEGAL PROVISIONS
International Laws: RMT's headquarters are located in Fort Lauderdale, Florida, in the United States of America. RMT makes no claims that the information, products, customization, materials, services, and advice provided on this Web Site are appropriate or may be downloaded outside of the United States. Access to the information, products, customization, materials, services, and advice may not be legal by certain persons or in certain countries. If you access this Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with RMT, or in any way relating to your use of the Web Site, resides in the courts of the State of Florida, U.S.A., and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida Broward County U.S.A. in connection with any such dispute including any claim involving RMT or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Service are governed by the internal substantive laws of the State of Florida Broward County U.S.A. without respect to its conflict of laws principles.
Termination: RMT may terminate these Terms of Service without cause at any time and effective immediately. In addition, RMT, in its sole discretion may terminate these Terms of Service immediately and without notice for violation of any part of these Terms of Service. You may also terminate these Terms of Service by simply discontinuing use of your account and/or the Web Site. In the event of any termination of these Terms of Service, the restrictions on your use of the content of the Web Site (as set forth in Paragraphs 8 ("Intellectual Property) and 10 ("User Submissions")) shall survive such termination, and you agree to be bound by those terms.
Indemnity: You agree to defend, indemnify, and hold harmless RMT, its officers, directors, employees, agents, licensors, suppliers, affiliates, and licensees from and against any claims, actions, or demands, liabilities, damages, and settlements (including without limitation, reasonable legal and accounting fees and litigation expenses) resulting from, or alleged to result from, your violation of these Terms of Service or relating to or arising from your use of the Web Site, RMT services, and any products or services obtained on or through the Web Site.
Waiver & Serviceability: Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. No waiver of any of the Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Limitation on Actions: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act â€“ and not to transfer, by electronic transmission or otherwise, any content derived from the Web Site to either a foreign national or a foreign destination in violation of such laws.
13. LIABILITY RELEASE
Read this document (the “Release of Liability”) carefully. This release agreement will affect your legal rights and will limit or eliminate your ability to bring a future lawsuit against Rebuild Master Tech, Inc.
I, the Buyer, understand and appreciate that Rebuild Master Tech (“Seller”) services, reconditions and rebuilds sometimes decades-old automotive parts, that unless otherwise specified these parts are not in new condition when purchased from Rebuild Master Tech, Inc. that these serviced, reconditioned and/or rebuilt parts are covered under the Warranty specified in the Terms and Conditions.
I, the Buyer, do hereby agree that Rebuild Master Tech. has no control over the installation and use of the parts once sold. I also understand that Rebuild Master Tech, Inc. and/or Mercedes Master Tech, Inc. highly recommends that certified professionals install all parts that it sells. I, the Buyer, agree that I rely on my own skill and judgment in evaluating the installation of parts bought from Rebuild Master Tech, Inc., and I agree that I am solely responsible for the part’s use.
I, the Buyer, agree to hold the Seller (Rebuild Master Tech, Inc.) harmless from, and hereby assume the entire responsibility and liability for, any and all damage or injury of any kind or nature whatever, including death, as to all persons, whether Buyer's employees, agents or otherwise, and as to all property, including Buyer's own property, caused by, resulting from, arising out of, or occurring in connection with the use by Buyer or any other person, of any parts serviced by and or purchased from Rebuild Master Tech.
I, the Buyer, agree that if any person makes a claim for any damage or injury, including death, resulting from the use of the parts or services Buyer purchased from Seller, whether based upon Seller's alleged active or passive negligence, or based upon principles of product liability, or based upon any alleged breach of any statutory/contractual or common law duty or obligation Seller may have, I shall defend, indemnify and hold harmless Seller, its agents, servants and employees, from and against any and all loss, expense, damage or injury that Seller may sustain as a result of any such claim.
I, the Buyer, agree that this agreement shall be governed by the law of the state of Florida and that in the event of a dispute between Buyer and Seller that exclusive jurisdiction and venue of such dispute resides in the courts of the State of Florida to the exclusion of all other jurisdictions. Having read this agreement and knowing these facts and in consideration of Seller accepting my purchase, I, the Buyer, for myself and anyone entitled to act on my behalf, waive and release Rebuild Master Tech, Inc., its members, shareholders, officers and employees, from all claims or liabilities of any kind arising out of the installation and or use of parts sold and/or serviced by Rebuild Master Tech, even though that liability may arise out of the negligence or carelessness on the part of the Seller.
BY INSTALLING THE PART ON YOUR VEHICLE YOU ARE AGREEING, IN FULL TO ALL OF OUR POLICIES AS WELL AS THIS LIABILITY RELEASE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND LIABILITY RELEASE, PLEASE RETURN THE PART UNUSED IMMEDIATELY FOR A REFUND.
Terms and Conditions of Sale
GENERAL. All orders for products supplied by Rebuild Master Tech, Inc. (“RMT”) shall be subject to these terms and conditions of sales. The Customer understands that they have agreed to these terms upon purchase of any item RMT offers. All transactions shall be governed by the internal laws of the State of Florida, without reference to its conflict of laws principles. The UN Convention on the International Sale of Goods shall not apply. No modifications hereto will be binding unless agreed to in writing by RMT.
1. CUSTOMER. The term “Customer,” as used herein, means the distributor, resale dealer, original equipment manufacturer or first end-user Customer that purchases the RMT products.
2. SHIPPING. RMT uses carrier UPS® or USPS for all of its shipping services. All sales must be entered by 2:30 PM EST for same day shipping. If placed after 2:30 PM it will be shipped the following business day. All orders must be shipped to a physical address only. This excludes P.O. Boxes. Any and all orders placed on weekends (Saturday, Sunday and legal holidays) will be processed and shipped the following business day. All orders are shipped with signature on delivery to avoid fraud. The free shipping option only applies to FedEx Ground® and to the Continental 48 states. This excludes the states of Alaska, Hawaii, and US territories including Puerto Rico, military base locations outside the Continental 48 states and the US Virgin Islands. With respect to all international sales, the Customer is responsible for customs fees and duties and RMT is not responsible for any delays, damaged or lost packages.
3.A. WARRANTY. Except as set forth in 3.B. below, RMT products shall be free from defects in material and workmanship with a Lifetime Warranty, as set forth more fully in the Warranty attached below from the date of shipment to the Customer. In the event that a product proves to be defective, RMT’s sole obligation shall be, at its option, to repair or replace the product. The repaired or replacement product will be shipped back to Customer F.O.B. RMT’s facilities, freight prepaid by RMT only in the Continental 48 states. Repair or replacement shipments to Hawaii and Alaska as well as territories, including Puerto Rico, military locations outside the Continental 48 states, and the US Virgin Islands are excluded. If the Customer is located outside the Continental 48 states, including the states of Alaska, and Hawaii and territories including Puerto Rico, military bases outside the Continental 48 states and the US Virgin Islands the Customer is responsible for freight charges for the repaired or replacement product. If the Customer is located in any other country besides the USA, the Customer is responsible for the Freight Charges of the repaired or replacement product. Defective parts shall be sent to RMT by Customer freight prepaid. Upon inspection if the supposed defective part does not meet warrantable conditions (and / or is in the 3. EXCLUSIONS) the Customer will have the option of purchasing a new part and RMT. will not issue a refund for the part nor for the freight costs back to RMT. If the Customer cannot send in the defective part, the other option is to pay in advance to RMT a 100% Warranty deposit and the freight charges to ship a replacement part to Customer. RMT shall send a part out from stock. Once the defective part is returned RMT will only refund the Warranty deposit if the part is under Warranty terms. If the part is not under Warranty (as provided in the WARRANTY hereinafter set forth) no refund will be issued to the Customer. Once the claimed defective RMT part arrives back at RMT’s facility a full inspection will be conducted. If it is determined in RMT’s sole reasonable discretion that nothing is wrong with the product in any way, then RMT will refund the Warranty Deposit less five percent (5%) for handling and inspection and return the part back to Customer. No employee, agent, or representative of RMT has the authority to waive, alter, vary, or add to the terms hereof without the prior written approval of an officer of RMT. It is expressly agreed that (a) this agreement constitutes the final expression of the parties’ understanding with respect to the Warranty and (b) this agreement is a complete and exclusive statement of the terms of the Warranty.
3.B. TIME LIMITED WARRANTIES. The following products have time limited warranties:
1.: RMT new air spring, new air strut, New Air Ride Suspension Compressor Vibration Isolator Kit, and repair kits products shall be free from defects for a limited warranty term of one (1) year.
2.: RMT new Air Ride Suspension Compressor Relay shall be free from defects for a limited warranty term of two (2) years.
3. C. WARRANTY APPLICABILITY. THIS WARRANTY IS INTENDED SOLELY FOR THE BENEFIT OF THE CUSTOMER AND DOES NOT APPLY TO ANY THIRD PARTY. THIS Warranty is only valid for as long as the original Customer owns the vehicle / stock. ALL CLAIMS MUST BE MADE BY THE CUSTOMER AND MAY NOT BE MADE BY ANY THIRD PARTY. THIS WARRANTY MAY NOT BE TRANSFERRED OR ASSIGNED, IN WHOLE OR IN PART, BY THE CUSTOMER FOR ANY REASON WHATSOEVER. ANY SUCH ATTEMPTED TRANSFER OR ASSIGNMENT SHALL BE NULL AND VOID. Proof of purchase must be sent in together with the Warranty request. THIS WARRANTY TAKES THE PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY RMT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF USE AND ALL OBLIGATIONS OR LIABILITIES ON THE PART OF RMT FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, REPAIR OR PERFORMANCE OF THE PRODUCTS. RMT WILL NOT PAY FOR ANY INSTALLER’S LABOR IN THE CASE WITH RESPECT TO ANY WARRANTY CLAIM. THE CUSTOMER AGREES TO TAKE FULL RESPONSIBILITY FOR ANY AND ALL LABOR COSTS.
3.D. WARRANTY EXCLUSIONS. PLEASE CAREFULLY READ THE TECHNICAL INSERT ENCLOSED WITH ALL SHIPMENTS FOR THE PARTS, ESPECIALLY FOR COMPRESSORS! RMT SHALL HAVE NO OBLIGATION UNDER THE WARRANTY SET FORTH ABOVE IN THE EVENT THAT:
1. THE CUSTOMER FAILS, WITHIN THE WARRANTY PERIOD TO NOTIFY RMT IN WRITING AND PROVIDE RMT WITH EVIDENCE SATISFACTORY TO RMT OF THE ALLEGED DEFECT WITHIN TEN (10) DAYS AFTER IT BECOMES KNOWN TO THE CUSTOMER;
2. AFTER INSPECTION OF A PRODUCT, RMT DETERMINES, IN ITS SOLE DISCRETION, THAT IT IS NOT DEFECTIVE IN MATERIAL OR WORKMANSHIP. THIS INCLUDES BUT NOT LIMITED TO; 1. ANY FLUID THAT DOES NOT BELONG TO THE SYSTEM. 2. ANOTHER LEAK IN THE SYSTEM (LEAKING AIR BLADDERS, OR AIR LINES IN THE SYSTEM ARE LEAKING) IS CAUSING THE RMT PRODUCT TO FAIL CAUSING UNITS SUCH AS AN AIR SUSPENSION COMPRESSOR TO OVER WORK AND BURN OUT THE MOTOR. 3. IMPROPER INSTALLATION OF THE PRODUCT. 4. IMPROPER USE OF THE PART. 5. NOT PROPERLY CONNECTING THE CONNECTORS, SUCH AS REVERSE POLARITY, WRONG PLUGS, AND AFTERMARKET PLUGS. 6. FUSES BEING BLOWN / BURNT OUT DUE TO NOT REPLACING THE RELAY. 7. ANY INTERNAL OIL LEAK IN STRUT / SHOCK.
3. REPAIR OR REPLACEMENT OF A PRODUCT IS REQUIRED THROUGH NORMAL WEAR AND TEAR; ALL NORMAL WEAR ITEMS, INCLUDING OIL SEAL(S), BUSHING(S), BEARING(S), AIR BELLOW(S) AND QUALITY OF CORE, SHALL NOT BE COVERED BY THIS WARRANTY.
4. ANY PART IN A PRODUCT OR ANY INGREDIENT CONTAINED IN A PRODUCT REQUIRES REPLACEMENT OR REPAIR THROUGH ROUTINE USAGE OR NORMAL WEAR AND TEAR
5. A PRODUCT IS NOT MAINTAINED OR USED IN ACCORDANCE WITH RMT’S APPLICABLE OPERATING AND/OR MAINTENANCE MANUALS, WHETHER BY THE CUSTOMER OR ANY THIRD PARTY;
6. A PRODUCT HAS BEEN SUBJECT TO MISUSE, MISAPPLICATION, NEGLIGENCE, NEGLECT (INCLUDING, BUT NOT LIMITED TO, IMPROPER MAINTENANCE OR STORAGE), ACCIDENT, CATASTROPHE, IMPROPER INSTALLATION, MODIFICATION, ADJUSTMENT, REPAIR OR LUBRICATION, WHETHER BY THE CUSTOMER OR ANY THIRD PARTY, WITHOUT THE PRIOR WRITTEN CONSENT OF RMT. MISUSE SHALL INCLUDE, BUT NOT BE LIMITED TO, DETERIORATION IN A PRODUCT DUE TO CHEMICAL ACTION AND WEAR CAUSED BY THE PRESENCE OF ABRASIVE MATERIALS
7. THE SYSTEM INTO WHICH THE PRODUCT BECOMES INCORPORATED IS NOT COMPATIBLE WITH THE PRODUCT, OR IT IS NOT FREE FROM CRITICAL SPEED OR TORSIONAL OR OTHER TYPE OF VIBRATION WITHIN THE SPECIFIED OPERATING RANGE, NO MATTER HOW INDUCED; OR
8. THE TRANSMITTED CAPACITIES AND LOADS ARE NOT WITHIN THE PUBLISHED CAPACITY OR LOAD LIMITS FOR THE UNIT SOLD.
9. ITEMS MANUFACTURED BY OTHER PARTIES BUT INSTALLED IN OR AFFIXED TO RMT’S PRODUCTS ARE NOT WARRANTED BY RMT AND BEAR ONLY THOSE WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE GIVEN BY THE MANUFACTURER OF SUCH ITEMS, IF ANY.
10. AS TO COMPRESSORS: IN ORDER TO GUARANTEE PERFORMANCE, ALL OF THE INSTRUCTIONS MUST BE CAREFULLY ADHERED TO.SO AS TO AVOID SUBSEQUENT COSTS AND DAMAGES, PLEASE ENSURE THAT THE FOLLOWING REQUIREMENTS ARE MET:
(a) THE RELAY HAS TO BE NEW AND UNUSED;
(b) THE SYSTEM HAS TO BE ABSOLUTELY SEALED (NOT LEAKING);
(c) THE AIR INTAKE HOSE MUST NOT BE LEAKING OR HAVE A BAD O-RING OR ANY OTHER DEFECTIVE COMPONENT;
(d) DO NOT USE ANY OTHER ELECTRICAL PLUG FOR THE PARTS EXCEPT THE ONE FROM YOUR CAR. IF A PART (VALVE OR COMPRESSOR) BREAKS BECAUSE OF WRONG POLARITY OR WRONG ELECTRICAL VOLTAGE, SUCH IS NOT COVERED BY THE WARRANTY;
(e) ALWAYS MAKE SURE THAT THE COMPRESSOR IS NOT RUNNING TOO LONG. MORE THAN TWO (2) MINUTES OF RUNTIME IS A SIGN OF OVER WORKING THE COMPRESSOR, RISKING IT TO BURN OUT.
4. MODIFICATIONS. RMT reserves the right, without notice to the Customer, to (a) change the specifications of any product, (b) improve a product in any manner that RMT deems necessary or appropriate and (c) discontinue the manufacture of any product.
5. PURCHASE ORDERS. The Customer will submit purchase orders for the products to RMT in writing, whether by mail, internet or telefax, which shall set forth, at a minimum: (a) an identification of the products ordered, (b) prices for such products, (c) quantities, (d) requested delivery dates and (e) shipping instructions and shipping addresses.
6. ACCEPTANCE OF ORDERS. All purchase orders received from the Customer are subject to acceptance by RMT in writing.
7. MODIFICATION OF ORDERS. No accepted purchase order shall be modified or canceled except upon the written agreement of RMT and the Customer. Mutually agreed cancellations shall be subject to reasonable charges based upon expenses already incurred by RMT and commitments made by RMT. Mutually agreed change orders shall be subject to all provisions of these Terms and Conditions of Sale.
8. PRICE INCREASES. RMT may increase and / or decrease its prices without notice to the Customer. Increased prices for products shall not apply to purchase orders accepted prior to the effective date of the price increase unless such orders provide for delivery more than thirty (30) days after the date of acceptance of the order.
9. PRICING AND DELIVERY TERMS. All products are delivered F.O.B. RMT’s warehouse facility in Florida, or such other facility as RMT may designate. Orders are then shipped per Customer's shipping instructions as set forth in Customer's purchase order.
10. CATALOG PRICING DOES NOT INCLUDE SHIPPING, HANDLING AND TAXES. Once delivered to a common carrier of the Customer's choosing [or of RMT’s choosing if Customer has failed to specify a common carrier on or before five (5) days prior to the requested delivery date] RMT, shall have no further responsibility for the products and all risk of damage, loss or delay shall pass to the Customer. A handling fee shall be added to freight costs by RMT to cover the cost of having to pay the carrier. The Customer has the option of shipping collect with our carrier or the carrier of its choice.
11. PAYMENT TERMS. All orders will be shipped either prepaid by the Customer, unless the Customer has established a previously approved credit line. WHETHER BY PHONE, OUR WEBSITE, OR OUR EBAY STORE, YOU ARE HEREBY GIVING RMT FULL AUTORIZATION TO CHARGE YOUR CREDIT / DEBIT CARD. If RMT approves a credit line for the Customer, all payments shall be due within thirty (30) days of the date of the invoice. If any invoice is not paid in full within such thirty (30) day period, then finance charges shall be assessed at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per year). If such rate is deemed to be usurious at any time, it shall be reduced to the maximum rate permitted by applicable law. RMT may stop or withhold shipment of products if the Customer does not fulfill its payment obligations. If RMT is insecure about payment for any reason, RMT may require full or partial payment in advance and as a condition to the continuation of its delivery of products.
12. SECURITY INTEREST. Unless and until the products are paid for in full, RMT reserves a security interest in them to secure the unpaid balance of the purchase price. The Customer hereby grants to RMT a power of attorney, coupled with an interest, to execute and file on behalf of the Customer all necessary financing statements and other documents required or appropriate to protect the security interest granted herein.
13. ACCEPTANCE OF PRODUCTS. The Customer will conduct any incoming inspection tests as soon as possible upon arrival of the products, but in no event later than ten (10) days after the date of receipt. Any products not rejected by written notice to RMT within such period shall be deemed accepted by the Customer. RMT shall not be liable for any additional costs, expenses or damages incurred by the Customer, directly or indirectly, as a result of any shortage, damage or discrepancy in a shipment.
14. LIMITATION OF REMEDIES.
A. RMT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING THE CUSTOMER WITH PRODUCTS.
B. IN NO EVENT SHALL RMT’S LIABILITY INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR ATTORNEYS’ FEES, EVEN IF RMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
15. MADE-TO-ORDER PRODUCTS. RMT reserves the right to revoke and amend any price quotations offered to the Customer for made-to-order products, provided that such price quotations have not been accepted by the Customer prior to the date of revocation or amendment.
16. DIES, TOOLS AND EQUIPMENT. Charges incurred by the Customer for dies, tools and other equipment shall not confer ownership or the right to possession therein by the Customer. All such dies, tools and equipment shall remain the property of RMT, and RMT shall have the exclusive right to possession thereof. RMT shall maintain such tools and equipment in good working order.
17. REGULATORY LAWS AND STANDARDS. RMT makes no representation that its products conform to federal, state, or local laws, ordinances, regulations, codes or standards of the USA or any other country, except as may be otherwise agreed to in writing by RMT.
18. SIZES AND WEIGHTS. RMT’s products are made only in the sizes and to the specifications set forth in its catalogs and other literature. If any alteration is requested, such altered product will be treated as a made-to-order item. RMT assumes no responsibility for typographical errors which may appear in its catalogs or literature and cannot accept alteration charges caused by such errors. Since weights shown in RMT’s catalogs are approximate, they cannot be used in determining freight allowances set forth in its catalogs and other literature. Freight allowances will be determined at the time of shipment and shall be based on actual shipping weight.
19. SYSTEM DESIGN. Responsibility for system design to ensure proper use and application of RMT’s products within their published specifications and ratings rests solely with the Customer. This includes, but is not limited to, an analysis of loads or capacities, regardless of how induced.
20. ACCEPTANCE OF TERMS. When the Customer purchases a RMT product, the Customer is agreeing to the Terms and Conditions in full. Every product is sent with a digital (via email if applicable) and physical copy of the Terms and Conditions of Sale. If the Customer does not agree with the Terms and Conditions of Sale, Customer has the choice of sending the product back for a refund (Customer is responsible for shipping costs) with a 20% restocking fee.
21. RETURN POLICIES. Products purchased from RMT can be returned for a period of 14 days from date of invoice. (unless other arrangements have been made) In order for RMT to honor its return policy, the product must be in its original packing and condition, along with no broken seals or wrapping. If a product has been installed, under no circumstances will it qualify for the return policy. Once an order has been shipped, the Customer must follow the return procedure. A 20% restocking fee is applied to all returns. Customer is responsible for return shipping costs AND any original outbound shipping charges are non-refundable. Once the return has been received at RMT’s facility, we then inspect the quality and condition of the returned product. After the merchandise has been received it may take up to 14 business days to process the refund. Any Returns Accepted after the 14 days will only qualify for store credit only.