Turbo Road Flare
Toughest Commercial Grade Electronic Road Flare On The Market
TRF Industries, LLC Terms & Conditions
It is the user’s responsibility to understand and obey all laws regarding emergency warning devices use and application. The user should check all applicable city, state, and/or federal laws and regulations in order to ensure compliance. TRF Industries LLC. assumes no liability for any loss resulting from the use of the warning lights and products. Proper installation is vital to the performance of the warning devices and the safe operation of the vehicle.
TRF Industries LLC. upholds the right to adjust or change its policies and/or pricing at any given time without notice.
TRF Industries LLC. reserves the right to make improvements and upgrades without notice. No dealer, distributor, employee, or individual of the company is authorized to change the return or warranty policy or the conditions of the TRF Industries LLC. warranty.
PARTIAL SHIPMENTS: Unless otherwise specified, Seller may make partial shipments and each shipment shall be deemed a separate sale.
COST OF INSURANCE AND TRANSPORTATION: If the Contract provides that Seller shall pay insurance and transportation, they shall be at the rates in effect at the date of the relevant Purchase Order; if for any reason the cost of insurance and transportation increases prior to shipment date, such increase shall be for Buyer’s account.
TAXES: In addition to the purchase price, Buyer shall pay Seller the amount of all sales, use, excise taxes and other taxes (except on or measured by net income) duties that Seller may be required to pay with respect to the production, sale or transportation of any goods delivered hereunder, except where the law expressly provides otherwise.
RISK OF LOSS: Delivery of goods to common carrier, licensed trucker, or vessel shall constitute delivery to Buyer, and all risk of loss or damage in transit shall be borne by Buyer.
a. Shortages: Where Goods are sold on a delivered basis, all claims for shortages must be made promptly after receipt by the Buyer. Shortage claims must be supported by exceptions taken on the delivery receipt (however denominated) furnished by Buyer to the delivering carrier. Failure to take such exceptions shall bar any claim.
b. Damaged Goods. All claims of damage of a kind which might have occurred between origin and delivery are barred unless supported by exceptions taken on the delivery receipt (however denominated) furnished by the Buyer to the delivering carrier. Failure to take such exceptions shall bar any claim.
c. Quality Claims. In case of a dispute as to whether Goods meet contract specifications, a mutually acceptable expert shall be designated by Seller and Buyer to make an examination and in such case said expert’s finding shall be conclusive and binding on Buyer and Seller. The expense shall be borne by Seller for each item found not conforming to specification and by Buyer for each item conforming. All claims arising hereinabove must be made in writing by registered and certified mail including with full particulars, the defect or damage complained of. Notwithstanding such
claim, Buyer’s obligation to perform under the balance of the contract shall not be affected thereby. Buyer shall afford to Seller and/or its insurer full facilities for inspection and investigation of all such claims. If a timely and bona fide claim is made, Seller shall give Buyer a reasonable allowance therefore, and Seller shall not be otherwise liable for such Goods or its use or any consequential or special damages. In no event may any such claim be made more than ten (10) days after the Goods have arrived at its contract destination.
SELLER’S REMEDIES: If Buyer wrongfully rejects the goods or fails to make payments due on or before delivery or repudiates with respect to a part or the whole contract, then with respect to any goods directly affected and, if the breach is of the whole contract, then also with respect to the whole undelivered balance. Seller may withhold delivery of such goods, stop delivery of such goods in possession of a carrier or other bailee, and
recover damages for non-acceptance or repudiation. The Seller shall be entitled to recover as damages the entire contract price or any unpaid amount thereof, together with any incidental damages and expenses, cancellation fees, foreign exchange loss, and attorneys’ fees and other costs of enforcing its rights hereunder.
BUYER’S REMEDIES: In the event Seller fails to deliver the goods ordered, Buyer shall serve written notice upon Seller. If Seller fails to perform within sixty (60) days thereafter, Buyer, as its exclusive remedy, may cancel the contract and shall be entitled to repayment of the purchase price of such part thereof as shall have been then paid by the Buyer.
Seller SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES.
INTEREST: If payment is not timely, Seller, in addition to other legal rights, shall be entitled to the interest on any unpaid amount at the rate of one and one half percent (1.5%) per month from date of invoice or any part thereof, on any unpaid balance.
NOTICE OF CHANGE OF CONTACT PERSON: Buyer must, at all times, keep Seller apprised of any changes to the Accounts Payable and/or Purchase Contact person(s) designated on the New Customer Registration & Update Form. In the event of any changes to the Accounts Payable and/or Purchase Contact person(s), Buyer must notify Seller, in writing, within thirty (30) days, and provide a current phone number(s) and email address(es) for such person(s).
FINANCIAL CONDITION: Buyer presents that it is solvent, and that at each delivery this representation shall be deemed renewed unless notice to the contrary is given in writing by the Buyer to the Seller within a reasonable period of time prior to the delivery of the goods.
Seller shall have the right to withhold any shipments in the event Buyer fails to make timely payment but Buyer shall be responsible for any and all resulting cost, expenses, or damages incurred by Seller in the event Buyer fails to make timely payment and such action shall not release Buyer from its obligation to accept and pay for such remaining portions of Goods if and when shipped by Seller.
If, at any time, there is a material change in the financial condition or structure of Buyer, Seller shall have the right to change credit terms, cancel this Contract or withhold any shipments, but such action with the exception of cancelling the Contract, shall not release Buyer from its obligation to accept and pay for such remaining portions of Goods if and when shipped by Seller and Buyer shall be responsible for any and all resulting costs, expenses, losses, or damages incurred by Seller in the event Buyer fails to make timely payment. Seller shall attempt to notify Buyer of any such action it takes pursuant to the foregoing such as withholding shipment, changing credit terms or cancelling the Contract, prior to the effective date of such action, however, Seller reserves the right to take such action without notification to Buyer in the event it is impracticable to give such
notice prior to taking the action.
SECURITY INTEREST: Seller reserves to itself and Buyer grants to Seller a security interest in the goods which are the subject matter of this contract to secure to Seller the full payment of the purchase price. If at any time the Seller shall determine that its prospect of receiving payment is insecure, it may retain possession of and have a security interest in such goods until it receives payment therefore or it may deliver such goods to Buyer subject to such security interest, and Seller and Buyer agree to execute any financing statements or other documents reasonably required to perfect such security interest.
LAW: This contract is to be governed and construed according to the laws of the State of Nevada.
ASSIGNMENT: Buyer shall not assign this contract without the prior written consent of the Seller and any such assignment without consent shall be void. Buyer shall not be relieved of its obligations hereunder not withstanding any such written consent by Seller.
ENTIRETY OF CONTRACT: This terms and conditions set forth herein constitute the sole terms and conditions. No other terms or conditions whether contained in Buyer’s Purchase Orders or elsewhere shall be binding upon Seller. All proposals, negotiations and representations if any made prior to the date hereof are merged herein and no modification or assignment shall be effective unless agreed to is writing.
ASSENT: Buyer’s assent to these terms and conditions shall be conclusively presumed from Buyer’s receipt of this contract without prompt written objection thereto or from acceptance by Buyer of all or any part of the goods ordered.
FORCE MAJEURE: Seller shall not be liable for any prevention or delay in performance resulting in whole or in part, directly or indirectly, from fires, floods, or other catastrophes, strikes, lockouts or labor disruptions, wars, riots, embargo, import or expert quotes or mandatory allocations, actions by foreign, federal, state or local government, mill or factory conditions, shortages of transportation equipment, fuel, labor or materials, major
change in economic conditions; or any other circumstances or causes beyond the control of Seller or Seller’s supplier in the reasonable conduct of its business. In the event of such prevention or delay, the time for performance shall be extended for a period of ninety (90) days and Buyer, if payment is to be made by Letter for Credit, shall extend such Letter of Credit for ninety (90) days. If performance is not made within such extended ninety (90) day period, Seller shall have the option at any time thereafter and upon written notice to Buyer to cancel its contract without liability to either party or to maintain the contract and make performance within a reasonable time after the termination of such prevention or delay.
ATTORNEYS’ FEES: In the event that Buyer’s account with Seller is sent to collections and/or in the event of litigation between the Buyer and Seller, Buyer shall be liable to the Seller for all expenses incurred by Seller, including but not limited to attorneys’ fees, professional fees, out of pocket expenses, or any other disbursements.
JURISDICTION: Buyer consents to the jurisdiction of the Clark County, Nevada. Further, Buyer agrees that Clark County, Nevada is the only appropriate venue or dispute between Buyer and Seller.
Product Reviews and Feedback: By submitting content of any kind as a Product Review, whether in the form of a rating, comment, or other form of feedback (“Feedback”), you grant TRF Industries LLC. permission to post such content on the Website, Social Media, or for any other marketing purposes. You give TRF Industries LLC. permission to use the name provided upon submission of the Feedback on the Website. You are prohibited from providing a false, incorrect, or inaccurate email address, false or inaccurate name(s), and false or inaccurate impressions as Feedback. You are further prohibited from providing misleading and/or confusing information when submitting your Feedback to TRF Industries LLC. TRF Industries LLC. expressly reserves the right to review, investigate, approve, disapprove, post, refuse to post, remove, or edit Feedback that you provide on the Website in relation to any product or products. TRF Industries LLC. right to review, investigate, approve, disapprove, post, refuse to post, remove, or edit Feedback includes, but is not limited to, reviews, comments, and/or any other submission of content of any kind or nature through a Product Review. Any and all content that you provide as Feedback is neither confidential nor proprietary to you, and shall become the property of TRF Industries LLC. on a royalty-free worldwide basis. TRF Industries LLC. shall be free to use any content that you provide as Feedback in any way that TRF Industries LLC. desires in its sole and absolute discretion.
Content that is provided as Feedback must include a true and correct order number in order to be considered for approval by TRF Industries LLC. Order numbers that cannot be found in the TRF Industries LLC. database are subject to disapproval at TRF Industries LLC. sole and absolute discretion. By submitting a Product Review and/or any content in the form of Feedback, you have agreed to these Guidelines. Additionally, and without limiting the foregoing, you hereby agree that the action of clicking any check box or other affirmation of these Guidelines shall constitute your signature on an agreement to be bound by these Guidelines.