Terms and conditions of use

Ronk Electrical Industries, Inc. is herein referred to as “Seller” and the customer or person or entity purchasing goods (“Goods”) from Seller is referred to as the “Buyer”. These terms and conditions of sale (“Terms and Conditions”), any price list or schedule, quotation, acknowledgment or invoice from Seller relevant to the sale of the Goods and all documents incorporated by specific reference herein or therein, constitute the complete and exclusive statement of the terms of the agreement governing the sale of Goods by Seller to Buyer. Buyer’s acceptance of Goods will manifest Buyer’s assent to these Terms and Conditions. Seller reserves the right in its sole discretion to refuse orders. SELLER HEREBY REJECTS ANY CHANGES TO THE TERMS AND CONDITIONS, AND ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS PROPOSED BY BUYER, WHETHER OR NOT CONTAINED IN ANY OF BUYER’S BUSINESS FORMS OR ON BUYER’S WEBSITE, AND SUCH CHANGES, ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS SHALL BE VOID AND OF NO EFFECT UNLESS IN WRITING SIGNED BY SELLER SPECIFICALLY REFERRING TO AND AGREEING TO THE CHANGE. In addition, no site usage agreement or any other click through agreement on a website will have any applicability or binding effect whether or not Seller clicks on an “ok”, “I accept” or similar acknowledgement. 

  1. PRICES: Unless otherwise specified by Seller in writing and signed by an officer of Seller, the price of Goods shall be the price in effect at the time order is received and / or shipped by Seller.   Prices are subject to change without notice.  

  2. TERMS OF PAYMENT: CREDIT CARD – VISA, MASTER CARD, DISCOVER AND AMERICAN EXPRESS.

  3. SHIPPING AND DELIVERY: Goods will be shipped standard carrier PPD from Nokomis, IL location by a factory assigned carrier unless otherwise arranged between Seller and the Buyer. On orders having specified instructions as to routing which involve higher costs than the routing assigned by the factory, the extra costs will be billed to the Buyer. While Seller will use all reasonable and commercial efforts to maintain the delivery date(s) acknowledged or quoted by Seller, all shipping dates are approximate and not guaranteed. Seller reserves the right to make partial shipments. Seller, at its option, shall not be bound to tender delivery of any Goods for which Buyer has not provided shipping instructions and other required information.   If the shipment of the Goods is postponed or delayed by the Buyer for any reason, Buyer shall be responsible for any and all storage costs and other additional expenses resulting from the Buyer’s postponement. Any claims for shortages or damages suffered in transit are the responsibility of the Buyer and shall be submitted by Buyer directly to the carrier. All other claims or errors must be made in writing to Seller within three (3) days after receipt of the goods. Failure of Buyer to give such written notification to Seller shall constitute unqualified acceptance and a waiver of all claims by Buyer.

  4. QUALIFICATIONS: To purchase Non-UL switches Buyer must check the acknowledgement box when ordering. If acknowledged and the Local electrical inspector will not accept the switch is NOT RETURNABLE.

  5. CANCELLATION: Unless otherwise agreed in writing and signed by one of Seller’s officers, orders under this agreement may not be cancelled by Buyer for any reason.

  6. CHANGES:  Buyer may request changes or additions to the Goods consistent with Seller’s specifications and criteria. In the event such changes or additions are accepted by Seller, Seller may revise the price and dates of delivery. 

    Seller reserves the right to change designs and specifications of the Goods without prior notice to Buyer, except with respect to Goods being made-to-order for Buyer. Seller shall have no obligation to install or make such change in any Goods manufactured prior to the date of such change.

  7. RETURNS: In no case shall Goods be returned to Seller without first obtaining a written Returned Goods Authorization (“RGA”) from Seller.   Except for those Goods covered by the Limited Warranty, only unused equipment in first-class, resalable condition and of current design which has been invoiced within the past twelve (12) months will be considered for return. Returned Goods shall be subject to a minimum charge of 25% plus rehabilitation charges unless covered by the Limited Warranty. If a replacement unit is ordered when requesting an RGA, no restocking charges will apply. Rehabilitation charges may still apply and will be deducted from Credit Card refund once unit has been received and inspected by Seller.

    All returns must be in original cartons and freight prepaid by Buyer as directed by Seller, securely packaged and received by Seller in good condition. An RGA is valid for 90 days, from date of issuance, and expires if material(s) are not returned within this time period. Once an RGA expires, it will be at the discretion of the Seller to issue another.

    SPECIAL ORDER, CUSTOM UNITS, INSTALLED UNITS AND PREQUALIFIED ITEMS ARE NOT RETURNABLE.

  8. ASSIGNMENT: Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Seller, and any such assignment, without such consent, shall be void.

  9. GENERAL PROVISIONS: These Terms and Conditions supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon the Seller unless made in writing and signed on its behalf by a duly authorized representative of Seller. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound, and no modification or additional terms shall be applicable to this agreement by Seller's receipt, acknowledgment, or acceptance of purchase orders, shipping instruction forms, or other documentation containing terms at variance with or in addition to those set forth herein. Any such modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein. No waiver by either party with respect to any breach or default or of any right or remedy, and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. All typographical or clerical errors made by Seller in any quotation, acknowledgment or publication are subject to correction.

The validity, performance, and all other matters relating to the interpretation and effect of this agreement shall be governed by the law of the state of Illinois. Buyer and Seller agree that the proper venue for all actions arising in connection herewith shall be only in Illinois and the parties agree to submit to such jurisdiction. No action, regardless of form, arising out of transactions relating to this contract, may be brought by either party more than two (2) years after the cause of action has accrued. The U.N. Convention on Contracts for the International Sales of Goods shall not apply to this agreement. 

01/05/17 TG/CO


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