TERMS and CONDITIONS of SALE
RETURNS / REFUNDS
STOCK MERCHANDISE – Return of stock merchandise will be accepted if made within 30 days of purchase with valid proof of purchase and provided merchandise is in original condition, and includes all packing instructions/material, if any. Your refund will be credited back to the same payment method used to make the original purchase. Returns on cash purchases exceeding $50 will be refunded by RBS check (please allow 10 business days for processing).
RESTOCKING AND HANDLING CHARGE – All returns are subject to a 15% restocking and handling charge based upon full order price.
SPECIAL ORDER / CUSTOM ITEMS – A non-refundable deposit of 50% is required for all special order items (non-stock items) and custom items (items manufactured by RBS). Sales of Special Order/Custom Items are final and may not be returned.
No claims for shortages, damage or error in shipment will be allowed unless reported within 5 days after receipt of goods. No claims for service work performed by others will be allowed unless specifically authorized by RBS in advance.
It is the responsibility of the customer to inspect all merchandise for possible damage at time of delivery and/or pickup. RBS will not assume responsibility for damage unless properly noted on delivery receipt.
PAYMENT / LATE CHARGES
Payment may be made by cash, credit, debit, or check. For RBS account holders, invoice amount due must be received by RBS no later than the 25th day of the month following the purchase. Credit cards will not be accepted as payment towards account balances. A one and one-half percent (1 ½%) monthly late charge (18% per annum) will be charged on all past due account balances.
DELIVERY / PICK UP
Material must be paid in full prior to any delivery or pickup. CODS are not accepted. Customer authorizes RBS to charge any balance due in full to customer’s account or credit card used on the order upon receipt by RBS of the merchandise unless customer notifies RBS to the contrary prior to RBS’s receipt of material.
Special Order / Custom items not picked up or delivered within 90 days of receipt by RBS will incur a storage charge of $50/rack per month or 5% of the order amount/month on any order less than $1,000. If customer fails to pick up or accept delivery within 180 days of receipt by RBS, RBS at its sole option may 1) apply any deposit first to storage charges; second, to the amount due and take all legal measures to recover the balance owed; or 2) terminate this contract and in addition to any other remedies available, retain the deposit and/or merchandise as liquidated damages for breach of contract by customer and/or charge customer’s account for the balance then due.
A $25 fee shall be charged for any returned check or stop payment.
MANY OF THE ITEMS SOLD BY RBS COME WITH A MANUFACTURER’S WARRANTY. THE PRODUCTS RBS SELLS ARE SOLD “AS IS” AND RBS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty, if any.
LIMITATION OF LIABLITY
IN NO EVENT SHALL RBS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE PURCHASED.
RBS will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
PRICES ON QUOTES WILL EXPIRE IN 14 DAYS