SCOPE  These terms of sale apply to the sales of products by RAB Electric Manufacturing Inc.(“RAB”). These terms may in some instances conflict with some of the terms proposed by the buyer. Therefore, acceptance of the buyer’s order is made only on the express understanding that to the extent that any of these terms and conditions conflict with any terms of the buyer’s order, these terms and conditions shall govern. These terms shall be deemed accepted by buyer placing an order, accepting the goods, or tendering full or partial payment. RAB’s failure to object to provisions contained in any communication from buyer shall not be deemed a waiver of these terms. Any additions to, or deviation from these terms must be proposed to RAB at its office, and must be accepted in writing by RAB before such terms will become part of the contract.

CASH DISCOUNTS  In the event that payment is received by RAB by the 10th day of the month following the invoice date, then a cash discount in the amount of 1% will be allowed, payment shall be net 30 days thereafter. Cash discounts do not apply to freight charges.

PRICES  Subject to change and revision without advance notice. Standard quantities are either the master package quantity or the quantity required for the full discount. Orders for less than Standard Quantities will be billed at the prices in the Less Than Standard Quality column regardless of the size of the total order. Orders marked HOLD or HOLD FOR RELEASE will be billed at the prices in effect on the date that shipment is requested. Buyer shall pay any and all applicable sales tax or use tax, if any, plus any other applicable federal, state, or local taxes imposed on this sale, excluding, however, any income tax.

AUTHORIZED DISTRIBUTORS  RAB products are sold only to RAB Authorized Distributors who carry a stock of RAB products. Possession of this price list does not entitle the holder to purchase from RAB. Anyone placing an order who is not an Authorized Distributor will be referred to the nearest Authorized Distributor.

FREIGHT ALLOWANCE  FOB our factory or warehouse of origin. RAB will pay the freight costs on individual orders of [at least] $1,000 net to one destination in the Continental U.S. Partial shipments made to one or more destinations at buyer’s request must each total at least $1,000 net to qualify for prepayment regardless of the size of the total order. RAB will use carriers of its own choice on prepaid shipments. If another means of transportation is requested, the distributor must assume extra transportation costs.

FREIGHT CLAIMS; SHIPPING  Upon receipt by carrier of merchandise in good condition, title to and risk of loss for merchandise passes from RAB to customer. All claims for damages or less should be reported promptly to carrier. Claims for shortages must be made to RAB, New Jersey, in writing within 30 days of receipt of shipment. Any estimated or “firm” delivery dates or periods are predictions made by RAB of the times within which it is likely that the products will be shipped; however, due to the difficulties inherent in predicting future delivery dates or periods, RAB does not promise, guarantee or otherwise obligate itself to have products shipped on or before that time. RAB WILL ENDEAVOR TO MEET THE ESTIMATED OR “FIRM” DELIVERY DATES OR PERIODS, BUT SHALL NOT BE LIABLE IN DAMAGES OR OTHERWISE, NOR SHALL THE BUYER BE RELIEVED OF PERFORMANCE, BECAUSE OF FAILURE TO MEET THEM.

DROP SHIPMENTS  Individual orders less than $1,000 net will be drop shipped, full freight allowed, to a destination specified by the buyer within the Continental U.S.A. Responsibility and costs involved in refusal of the shipment at destination belong to the customer.

MINIMUM BILLING  $150 Net from factory, plus transportation charges. $100 Net from warehouses. Orders received for lesser amounts will be invoiced at the minimum billing amount. Urgently needed replacement parts valued below minimum billing can be ordered separately and do not need to be combined with a regular stock order.

RETURN POLICY  Except as provided below, products may not be returned without the prior written approval issued by RAB in its sole and absolute discretion.

Defective Goods:  No return authorization is required. Send goods under warranty to RAB [within one year form date of shipment] with written explanation of failure and application. Also include shipping instructions for return of replacement or repaired item. If product is not under warranty call RAB for cost to repair.

Advance Replacement:   If advance replacement is approved by RAB, you will be billed and then credited upon receipt of returned goods.

Order Entry/Shipping errors:   Call RAB for authorization to return. If return was caused by our error full credit will be allowed.

Inventory adjustment:   Any authorized distributor placing an order for at least twice the original net invoice value of the return will receive full credit provided that the prior approved return is received, prepaid in perfect condition in undamaged, unopened original cartons. Credit will only be issued with offsetting 2 for 1 purchase order. Otherwise all prior approved returns will be subject to a 30% restocking charge, which will be deducted from credit amount.

PRODUCT WARRANTY  RAB warrants its products to be free from defects in material and workmanship for a period of one year from date of shipment except for longer warranties on certain sensor products. The obligation of RAB under this warranty shall be limited to repair or replacement, at RAB’s option, of any products or parts which prove to be defective, provided that the buyer gives RAB written notice, and inspection, if required by RAB, and RAB confirms the defect. On equipment furnished by RAB, but manufactured by others, RAB extends the same warranty as RAB receives from the manufacturer thereof. RAB extends no warranty for plastic globes or polycarbonate lenses. The foregoing warranties are in lieu of, and RAB expressly disclaims, all other warranties, express or implied in fact or by law, including without limitation all warranties of merchantability or fitness for a particular purpose or otherwise, and the foregoing warranties state RAB’s entire and exclusive liability, and the buyer’s sole and exclusive remedy, in connection with the, products or parts, their design, suitability for use, installation or operation.

LIMITATION OF LIABILITY  RAB shall not be liable under any theory of relief, including without limitation breach of warranty, breach of contract, tort (including negligence), strict liability, or otherwise, arising out of or related to this agreement or products provided hereunder or RAB’s acts or omissions for: (i) any indirect, incidental, special or consequential damages, whatsoever (including without limitation, loss of anticipated value of a business or its reputation) or (ii) any damage or loss in excess of the price actually paid by the buyer under this agreement. Any action by buyer must be commenced within one year after the cause of action has accrued.

MISCELLANEOUS  This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall be governed by the laws of the State of New Jersey. In the event that suit is necessary to recover amounts owed RAB, buyer shall be liable for reasonable attorney’s fees, interest and costs of collection. No agreement or understanding varying the terms and conditions hereof shall be binding upon either party hereto unless in writing attached hereto and signed by duly authorized representatives of both parties. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Pole Terms and Conditions