Warranty

15.12
TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE
Ridge Tool Company is herein referred to as “Ridge” 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 specic 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: 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.
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 not provided, in addition to Ridge’s other rights and
remedies, Ridge may 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 from Ridge 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 shipment
of the Goods is postponed or delayed by Buyer for any reason, 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.
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 RIDGE AUTHORIZED SERVICE
CENTER. Pipe wrenches and other hand tools should be returned to
place of purchase. Obviously, failures due to misuse, abuse, or normal
wear and tear are not covered by this warranty. NO OTHER WARRANTY,
WRITTEN OR ORAL, APPLIES. No employee, agent, dealer, or other
person is authorized to give any warranty on behalf of Ridge. Warranted
products will be repaired or replaced at our option at no charge and
returned via prepaid transportation. Such replacement or repair is the
exclusive remedy available from Ridge. Ridge is not liable for damage
of any sort, including without limitation incidental and consequential
damages.
This warranty shall not apply to any Goods which:
a. Have been repaired or altered outside Ridge’s factory (or Authorized
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 Authorized
Service Center) to improper handling, operation, maintenance, repair
or alteration.
c. Have been subjected to 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. RIDGE SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER IN CONNECTION WITH THE SALE, RESALE OR USE OF THE
GOODS.
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, STRICT LIABILITY, OTHER TORT OR
OTHERWISE), SHALL RIDGE’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 INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, 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