Definitions and Interpretation:
“Goods” means any articles (or any part of them) which were originally supplied by Rhopoint Americas Inc.
“Manufacturer” , “us”, “we”, “Seller” means Rhopoint Americas Inc.
“Owner” means person or other entity who currently has title to the Goods
If the Seller fails to deliver the Goods in whole or in part for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Buyer’s sole remedy shall be limited to the Seller making good any shortage by replacing such Goods (or, if the Seller shall elect, by refunding a proportionate part of the Price).
If goods are incorrectly ordered by the Buyer, the order may be cancelled prior to shipment and any payments made will be refunded in full. If shipment of goods has taken place, the return of such products will be subject to the goods being returned in an 'as new' condition with shipping and duties borne by the Buyer and will be subject to a 30% restocking charge from the seller.
The Buyer shall inspect the Goods immediately on delivery thereof. The Goods shall be deemed to be free from defects or damage and in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for such Goods at the time or times specified in the Contract unless a written claim is made by the Buyer and is received: (i) by both the Seller and the carrier within three days of delivery in respect of any claim relating to damage, delay or partial loss in transit. (ii) by both the Seller and the carrier within 28 days of dispatch in respect of any claim relating to non delivery or (iii) by the Seller within 28 days of delivery in respect of any claim relating to any other matter. Following any such written claim, the Seller shall be given an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them and Goods subject to any claim must be stored by the Buyer free of charge for our inspection. The Seller reserves the right to request, and if so requested the Buyer shall provide, a failure report for defective goods that are rejected before a return will be allowed or RMA issued. Where the Buyer rejects or purports to reject any Goods then the relevant provisions of these Conditions shall apply in respect of any related liability and claims.
WARRANTY TERMS & CONDITIONS
Subject to the following provisions Rhopoint Americas warrants that:
the Goods conform in all material respects with their description; and
the Goods are free from material defects in design, material and workmanship
If any Goods are shown to be in breach of the warranty above within a period of two years from the date of order, we will (at our option) replace or repair such Goods provided that the Owner has notified us in writing (using the procedure below) and returned the Goods to us for inspection within a period of two years from the date of order.
The above warranty is given by Rhopoint Americas. subject to the following conditions:
The Manufacturer shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Manufacturer’s approval.
The above warranty does not extend to parts, materials or equipment not manufactured by Rhopoint Americas, in respect of which the Owner shall only be entitled to the benefit of any such warranty or guarantee as is given by the other product manufacturer to Rhopoint Americas (which Rhopoint Americas hereby assigns to the Owner to the extent that such assignment is permitted by the terms thereof).
The Owner acknowledges that Rhopoint Americas, in these circumstances, is acting solely as a third party distributor of the Goods and that the manufacturer of the Goods shall be solely responsible for all liabilities, claims, damages, obligations, and costs and expenses related to the Goods distributed by Rhopoint Americas. The Owner agrees that Rhopoint Americas shall be solely responsible for compliance of the Goods with Rhopoint Americas’ warranty and for any maintenance, support or repair of the Goods. Rhopoint Americas makes no representation, covenant or warranty with respect to the extent or enforceability of Rhopoint Americas’ warranty. No repair or replacement of Goods by Rhopoint Americas or the other manufacturer shall extend the warranty period of Rhopoint Americas.
Procedure for returning Goods under warranty:
• Contact firstname.lastname@example.org or by phone: 1 888 214 6090 / +1 248 850 7171
• Quote the serial number of the instrument and obtain a case reference number (RMA) for the fault
• Once permission has been given for the return of goods, follow the procedure relating to return of goods which will be issued with the case reference number (RMA)
• When the instrument is received by Rhopoint Americas, the product will be assessed. If the warranty claim is upheld, the goods will be repaired/replaced and returned to the Owner.
• If after evaluation, the defects are found to be arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Manufacturer’s approval, a quotation for the repair/replacement will be issued to the owner.
• This quote will also cover the cost of shipping and customs duties/charges borne by Rhopoint Americas to receive the goods.
• Once payment for the quotation is received in full, the goods will be repaired and returned to the owner.
• Should the Owner not wish to proceed with the repair, the goods will be returned to the Owner upon receipt of payment for the cost of shipping and customs duties/charges borne by Rhopoint Americas to receive the goods plus the cost of return freight to the Owner.