Home > Terms & Conditions
Terms & Conditions
The use of this site is governed by the policies, terms and conditions set forth below.
Please read them carefully. Your use of this site, and/or your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to ROSE BRAND WIPERS, Inc. indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with or printed on any purchase order, whether or not such terms or conditions are signed by ROSE BRAND WIPERS, Inc. ROSE BRAND WIPERS, Inc. reserves the right to make changes to this site and these terms and conditions at any time.
Rose Brand provides service to users of this Internet site as defined by the terms set forth in this Terms of Use agreement. Rose Brand may update the Terms of Use from time to time without notice. Users have the obligation to review changes in these Terms of Use. Unless otherwise specified, such changes shall be effective when they are posted.
Permitted Use
Users of the Rose Brand Internet site may use the Rose Brand site to review Rose Brand content and make a single copy of pages from the Site on their hard drive or in print for their own personal, non-commerical use. No other use of information is authorized. In consideration of this authorization, Users agree that any copy of these materials will retain all copyrights, trademarks and other proprietary notices in the same form and manner as on the original.
Copyright and Trademark Notice
This site is owned and operated by ROSE BRAND WIPERS, Inc. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of ROSE BRAND WIPERS, Inc., Copyright © 1999-2007, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of informing yourself of ROSE BRAND products, shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without ROSE BRAND WIPERS, Inc.’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of ROSE BRAND WIPERS, Inc. All other trademarks or service marks are property of their respective owners. The use of any ROSE BRAND trademark or service mark without ROSE BRAND WIPERS, Inc.’s express prior written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Products Sold
All of ROSE BRAND WIPERS, Inc.’s products are guaranteed against defects in materials for thirty (30) days from the date of the invoice. Except as expressly stated herein, ROSE BRAND WIPERS, Inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Rose Brand sites. Except as expressly stated herein, ROSE BRAND WIPERS, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. This disclaimer by ROSE BRAND in no way affects the terms of the manufacturer’s warranty. You agree that the sole and exclusive maximum liability to ROSE BRAND WIPERS, Inc. arising from any product sold on the Rose Brand sites shall be the price of the product ordered. In no event shall ROSE BRAND WIPERS, Inc., its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Disclaimer and Limitation of Liability as to the Rose Brand Web Sites
The Rose Brand web sites and the materials therein are provided "as is". ROSE BRAND WIPERS, Inc. makes no representations or warranties, either express or implied, of any kind with respect to the ROSE BRAND site, its operation, contents, information, materials or year 2000 compliance. ROSE BRAND WIPERS, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that ROSE BRAND WIPERS, Inc., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Rose Brand sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ROSE BRAND shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ROSE BRAND shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ROSE BRAND shall immediately issue a credit to your credit card account in the amount of the charge.
Links
This site may contain links to other sites on the
Internet that are owned and operated by third parties. You acknowledge that
ROSE BRAND WIPERS, Inc. is not responsible for the operation of or content
located on or through any such site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ROSE BRAND reserves the right at any time after receipt of your order to accept or decline your order for any reason. ROSE BRAND reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our business and credit office. We may require additional verifications or information before accepting any order.
Ordering
ROSE BRAND may change prices, specifications or discontinue any item without notice. Closeout and remnant items are sold "as is" with no returns allowed. Cut fabric orders (less than full roll) will be cut to the nearest full yard. When purchasing a full roll or more or fabric at the full roll price, up to a 10% overage is allowed.
Currency/Freight
All prices are quoted in US Dollars ($US,) and are quoted FOB warehouse. ROSE BRAND WIPERS, Inc. reserves the right to determine the optimal warehouse from which to ship, and to charge freight accordingly from that warehouse. All orders which can be shipped by UPS shall be so shipped, unless requested otherwise, with the cost being added to the primary charge or invoice. Customers wishing to specify specific carriers, or specialized service, shall provide an account number for said carrier or service. Orders too large to ship via UPS shall be shipped common carrier freight collect, unless prior arrangements are made between the customer and ROSE BRAND WIPERS, Inc.
Sales Taxes
Rose Brand shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California, New Jersey and New York. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Jurisdiction and Venue
You agree that any legal action brought against ROSE BRAND WIPERS, Inc. shall be governed by the laws of the State of New York without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Rose Brand sites shall be an appropriate federal or state court located in the County of New York (Manhattan,) New York.
Termination
Users of the Rose Brand Internet site acknowledge and agree that Rose Brand may suspend or terminate their access or use of the Rose Brand site without prior notice if they engage in conduct that Rose Brand, in its sole discretion, believes violates any term or provision of these Terms of Use, otherwise violates the rights of Rose Brand or third parties or is otherwise inappropriate for continued access and use of the Site. Users further acknowledge and agree that Rose Brand may suspend or terminate their access and use of the Site at any time, with or without cause, in Rose Brand's absolute discretion and without notice. The relevant version of these Terms of Use shall apply to all prior use of the Site. The following paragraphs of these Terms of Use shall survive termination of a User's use or access to the Site: Paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability applicable law and any other provision that by its terms survives termination of a User's use or access to the Site.
GSA
Rose Brand’s GSA contract number is GSA # GS-07F-0182M
|