Terms of Sale
1. Acceptance and Pricing. All orders are subject to final acceptance by Rexgear, Inc. (dba Rexgear Power, hereinafter "Rexgear”). Acceptance of orders is subject to credit approval or payment terms. All prices are in US dollars, and excludes any foreign currency conversion rates and/or fees.
2. Customs, Duties & Taxes. Orders shipped to countries other than the United States are delivered duty unpaid (DDU) unless you have made other arrangements with Rexgear. Customers placing international orders shall be responsible for import duties/taxes and customs fees levied by the destination country. The recipient is the importer of record and must comply with all laws and regulations of the destination country.
3. Payment & Credit. Customer shall pay Rexgear for an order in accordance with the payment terms specified during the quotation process unless specifically otherwise agreed. If customer fails to make payments when due and such failure continues after Rexgear notifies customer of such failure, Rexgear may refuse to provide further products or services. If customer fails to make payments when due, Rexgear may charge customer interest on the overdue amounts, from the date such amount became due at the lesser of the rate of one and one-half percent (1.5%) per month or the maximum interest rate permitted by applicable law. Rexgear reserves the right to revoke any credit extended to customer at any time for good and sufficient cause.
4. Returns, Refunds & Cancellation. Standard Products may be returned within 30 days. A return authorization (RMA) number must be first obtained by contacting Rexgear. A minimum of 15% handling and restocking fee may be assessed for each item returned unless you have made other arrangements with Rexgear. All return shipments must be prepaid. There are no refunds on shipping. Any item that is damaged, missing parts, missing original packaging, not in the original condition, has obvious signs of use not due to our error, may not be accepted for return.
5. Special Orders. These are made to order and as a result, your orders can’t be modified, cancelled or returned. During the quotation process, you will have a chance to review your design/specification/modification choices and make changes before you purchase. Remember to review your quotes and changes carefully because a special order cannot be cancelled or returned.
6. Shipping, Insurance & Damage. Customer shall be responsible for pick-up and all risks related to shipment unless you have made other arrangements with Rexgear. Should customer desire a shipment to be insured, it shall be customer’s responsibility to procure such insurance. Claims for shortage or damage must be made in writing immediately upon receipt of goods. If a part is lost (box broken open) or damaged during transit, you should immediately send picture proofs to Rexgear and the carrier (UPS, FedEx, Freight LTL, etc.). Do not return the damaged part(s) to Rexgear without prior notification and approval.
7. Product Warranties. Products manufactured by Rexgear are warranted to be free from defects in materials and workmanship for one (1) year. Products made by other manufacturers may carry different warranty for their products. Contact us for specific warranty information on each product. Warranty is only applicable to the original owner. This warranty does not cover shipping, labor, misuse, faulty installation, failure of related parts or products purchased other than from Rexgear. Rexgear does not support warranty claims on gray/grey market sales or purchases made from non-authorized dealers. Rexgear hereby assigns to customer, to the extent possible, the benefits of any warranty provided to Rexgear by the manufacturer(s) of the products. Rexgear will, at its sole discretion, either repair or replace defective products, or parts thereof, with new or refurbished functional equivalent products or parts. Repaired or replaced products and parts are warranted for the remainder of the original warranty period. Exchanged products and parts become the property of Rexgear or the manufacturer(s).
8. Limitation on Warranty. The Warranties shall not apply if: (1) the product has been improperly installed or operated, other than by Rexgear or the manufacturer(s) and/or used in any way other than as contemplated by the specifications or contrary to instructions by Rexgear or the manufacturer(s), (2) the product has been serviced or modified by anyone other than by Rexgear or the manufacturer(s), (3) the product is not installed in a suitable operating environment prescribed by Rexgear or the manufacturer(s), (4) the material deviation or defect in the product was caused by deviation from Rexgear's or the manufacturer(s) recommended customary and standard maintenance or operating procedures, or (5) the result, the physical embodiments or benefits of the services performed by Rexgear have been in any manner changed, altered or modified by anyone other than Rexgear. The Warranty will not apply if the particular product’s serial number has been altered or removed. If any Warranty claims fall within any of the above exceptions, then customer shall pay to Rexgear, Rexgear's costs of investigating and identifying the problem, and Rexgear's then current charges to repair or correct the problem.
9. Limitation of Liability. UNDER NO CIRCUMSTANCE WILL REXGEAR, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, TORT OR CONSEQUENTIAL DAMAGES OR LOSS OF SAVINGS, REVENUES OR PROFITS, UNDER ANY LEGAL THEORY, SUSTAINED BY THE CUSTOMER OR ANY PARTY OR BY ANY OTHER PERSON IN CONNECTION WITH ANY ORDER FOR REXGEAR, INC. PRODUCTS, SYSTEMS OR SERVICES, OR IN CONNECTION WITH REXGEAR, INC. SUPPLIED PRODUCTS, SYSTEMS OR SERVICES, WHETHER INVOLVING THE LOSS OF DATA OR OTHERWISE. THIS LIMITATION CANNOT BE WAIVED OR AMENDED BY ANY PERSON AND WILL BE EFFECTIVE EVEN IF REXGEAR, INC. OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF, OR MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.