Terms and Conditions of Sales
- TERMS OF PAYMENT
Subject to the provisions of CREDIT APPROVAL (below), terms of payment are net thirty (30) days effective from date of invoice. Default charge: Accounts which have not been paid within thirty (30) days of invoice will be considered in default, and a charge of one and one half percent (1 JS%) per month may be assessed.
- CREDIT APPROVAL
Shipment, deliveries and performance of work shall at all times be subject to the approval of the Credit Department who may, at any time, decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and conditions or security satisfactory to said Department.
- ACCEPTANCE OF ORDERS
All orders must be accepted and acknowledged only by the RAMSEY Factory.
Prices F.O.B. Tulsa, Oklahoma, subject to change without prior notice. Orders should be consolidated to meet minimum order requirement of net $50.00. Credit card orders will have a $15 net minimum billing.
Delivery will be arranged at the time the order is placed; however, the scheduled delivery date is approximate and is based upon receipt of all necessary information to enable order entry. All orders are accepted with the understanding that RAMSEY WINCH shall not be responsible for delays or non-performance caused by strikes, fires, riots, sabotage, government, war or any other causes beyond our control. RAMSEY WINCH reserves the right to ship (at Buyer's expense and in accordance with RAMSEY WINCH's standard shipping policies) all orders scheduled for designated pick-up, which are not retrieved by Buyer (or it's agent) within forty eight (48) hours of the scheduled designated pick-up date.
- ORDER SCHEDULES, RELEASES AND CANCELLATIONS
Blanket orders, orders scheduled beyond normal production time, and orders for products other than "standard" units cannot be rescheduled less than 30 days prior to scheduled ship date unless expressly authorized in writing by RAMSEY WINCH COMPANY. Cancellations of orders for other than standard units will be subject to cancellation charges (if received less than 90 days prior to scheduled ship date).
- LIMITED WARRANTY
Effective Date 10-1-01
- RAMSEY WINCH warrants each new RAMSEY Industrial Winch and each new RAMSEY Speed Reducer to be free from defects in material and workmanship for a period of one (1) year from the date of purchase.
- RAMSEY WINCH warrants the mechanical components of each new RAMSEY consumer front mount and detachable winch to be free from defects in material and workmanship for the lifetime of the winch. All electrical components and mounting kits carry a one (1) year limited warranty against defects in materials and workmanship.
- RAMSEY WINCH Warrants each new WonderWinch to be free from defects in material and workmanship for a period of one (1) year from date of purchase.
- Warranty registration card must be submitted to RAMSEY within 30 days of purchase to qualify for warranty.
- Warranty General. The obligation under this warranty, statutory or otherwise, is limited to the replacement or repair at the Manufacturer's factory, or at a point designated by the Manufacturer, of such part that shall appear to the Manufacturer, upon inspection of such part, to have been defective in material or workmanship. This warranty does not obligate RAMSEY WINCH to bear the cost of labor or transportation charges in connection with the replacement or repair of defective parts, nor shall it apply to a product upon which repairs or alterations have been made unless authorized by the Manufacturer, or for equipment misused, neglected or which has not been installed correctly.
To the fullest extent permitted by applicable law, the following are hereby excluded and disclaimed: 1. All warranties of fitness for a particular purpose; 2. All warranties of merchantability; 3. All claims for consequential or incidental damages. There are no warranties that extend beyond the description that appears on the face hereof.
Some states do not allow the above exclusions or disclaimers in consumer transactions and as such this disclaimer/exclusion may not apply to your particular case.
To the extent such warranties of fitness for a particular purpose or merchantability are deemed to apply to this product, they exist for only so long as the express limited warranty elsewhere set forth is in existence.
RAMSEY WINCH makes no warranty in respect to accessories, same being subject to the warranties of their respective manufacturers.
RAMSEY WINCH, whose policy is one of continuous improvement, reserves the right to improve its products through changes in design or materials as it may deem desirable without being obligated to incorporate such changes in products of prior manufacture.
If field service at the request of the Buyer is rendered and the fault is found not to be with RAMSEY WINCH's product, the Buyer shall pay the time and expense of the field representative. Bills for service, labor or other expenses that have been incurred by the Buyer without approval or authorization by RAMSEY WINCH will not be accepted.
This Warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
- RETURNED MATERIAL FOR CREDIT CONSIDERATION
Material may be returned only after receipt of an RGA Tag from RAMSEY WINCH. Consideration of return can be made only when RAMSEY WINCH is furnished original invoice number or packing list number. Material returned, for any reason without an RGA Tag issued by Ramsey Winch will be returned. Returned material will be new and unused and subject to inspection and final determination of condition by RAMSEY WINCH.
Material returned with RAMSEY's prior authority, but received on a freight collect basis is subject to penalty of 10% of allowed net value. Material returned after one (1) year period, from invoice date, is subject to credit allowance based on a minimum figure calculated by RAMSEY. If RAMSEY's manufacturing procedures have been altered, for product improvement, credit allowance is subject to scrap value only.
- MATERIAL FOR DUPLICATION AND/OR REPAIR
Material forwarded to RAMSEY WINCH as samples for duplication and/or repair by RAMSEY WINCH will be arranged by advance notification to and acknowledged by RAMSEY WINCH. Material forwarded will be F.O.B. Tulsa, Oklahoma.
- WARNING! PRODUCTS ARE NOT TO BE USED TO LIFT, SUPPORT OR OTHERWISE TRANSPORT PERSONNEL!
The winches described herein are neither designed nor intended for use or application to equipment used in the lifting, moving, or transportation of personnel. Any such use shall be considered to be improper and the Seller shall not be responsible for any claims arising therefrom.
Any sale is made on the express understanding that there is no implied warranty that the goods shall be fit for the purpose of lifting or moving persons or other improper use and there is no implied warranty of merchantability for such purposes.
The cable clamps alone on winches are not designed to hold rated loads. Therefore, a minimum of 5 wraps of cable must be left on drum barrel to achieve rated load.
- DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN SECTION 7 "LIMITED WARRANTY", THE RAMSEY INDUSTRIAL WINCH AND ALL OTHER PRODUCTS AND MATERIALS PROVIDED HEREUNDER ARE PROVIDED "AS-IS", "WHERE-IS" AND RAMSEY WINCH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAMSEY WINCH'S LIABILITY UNDER THE FOREGOING WARRANTIES OR ANY OTHER WARRANTY WHETHER EXPRESSED OR IMPLIED IN LAW OR FACT SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS AND WORKMANSHIP AS SET FORTH ABOVE. THE ABOVE WARRANTY COMPRISES BUYER'S SOLE REMEDY AND RAMSEY WINCH'S SOLE AND ENTIRE WARRANTY OBLIGATION. NO RAMSEY WINCH RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.
- CHOICE OF LAW. These Terms shall be interpreted and enforced in accordance with the laws of the state of Oklahoma, without reference to its conflict of laws nules. Any dispute which arises under these Terms, or otherwise as a result of RAMSEY WINCH's provision of products and services to Buyer, shall be litigated exclusively in the state or federal courts located in the city of Tulsa, Oklahoma and Buyer expressly waives any and all objections to jurisdiction and venue of any such action in Tulsa, Oklahoma. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.
- LIMITATION OF LIABILITY. RAMSEY WINCH SHALL NOT BE LIABLE FOR LOST PROFITS, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY. RAMSEY WINCH'S ENTIRE LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PARTICULAR GOODS OR SERVICES, WHICH GIVES RISE TO THE CLAIM. ANY ACTION RESULTING FROM ANY BREACH ON THE PART OF RAMSEY WINCH AS TO THE GOODS OR SERVICES DELIVERED HEREUNDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
The terms and conditions on this form ("Terms") constitute the entire agreement between RAMSEY WINCH COMPANY ("RAMSEY WINCH") and Buyer, and all sales by RAMSEY WINCH are expressly conditioned under these Terms. These Terms supersede all prior negotiations, communications, purchase orders and/or statements. These Terms may in some instances conflict with those of the Buyer's purchase order or other order. If so, such terms not in conformance with these Terms are rejected and these Terms shall govern. Acceptance of Buyer's order is expressly conditioned upon Buyer's acceptance of or assent to these Terms, which shall be established by a written acknowledgement, by implication, or by acceptance or payment for products ordered hereunder. RAMSEY WINCH's failure to object to provisions contained in any communication from Buyer shall not be deemed an acceptance of such provision or a waiver of these Terms. Any changes in these Terms must specifically be agreed to in writing and signed by an officer of RAMSEY WINCH before becoming binding. If any authorized change affects cost or timing, RAMSEY WINCH shall adjust the purchase price and delivery schedules accordingly. Retention by Buyer of any products sold hereunder shall conclusively deemed acceptance of these Terms.