GENERAL TERMS AND CONDITIONS OF SALE

1. Applicability.

These Terms and Conditions of Sale, (“Terms”), govern the sale of goods, (the “Goods”), by Rimetrix, LLC (“Seller”) to you, the consumer (“Buyer” or “you”). These Terms shall govern the transaction between Seller and Buyer (collectively, the “Parties”) notwithstanding terms or conditions posted on Seller’s webpage, advertising, and other materials. The accompanying confirmation of sale (the “Sales Confirmation”) and these Terms supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. To the extent other materials are in conflict with these Terms, these Terms shall control.

2. Delivery.

(a) The Goods will be delivered within a reasonable time after Seller’s dispatch of the Sales Confirmation. Seller shall not be liable for any delays, loss, or damage in transit.
(b) Seller shall deliver the Goods to the commercial shipment company of Seller’s choice using Seller’s standard methods for packaging and shipping such goods.
(c) Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of the quantity purchased under these Terms.
(d) Delivery shall be made FOB Cleveland, OH. Seller shall make delivery in accordance with the terms on the face of the Sale Confirmation.

3. Non-Delivery.

(a) The quantity of any shipment of Goods as recorded by Seller on dispatch from Seller’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. The Seller shall not be liable for any non-delivery of Goods (even if caused by Seller’s negligence) unless Buyer gives written notice to Seller of the non-delivery within 30 days of the date when the Goods would in the ordinary course of events have been received.
(b) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.

4. Returns and Risk of Loss.

(a) Unused Goods may be returned to Seller for a refund of the purchase price within thirty (30) days of purchase. The unused Goods must be returned in original packaging.
(b) Original costs of shipping are non-refundable. Cost of shipping Goods to Seller will be paid by Buyer.
(c) Refunds will be paid to original form of payment.
(d) Packages returned to Seller’s location by a third-party shipping company that has been unable to deliver the Goods due to no access, wrong address, or other shipment issue will be automatically refunded minus the shipping charges and subject to a fifteen (15) percent restocking fee.
(e) Title and risk of loss passes to Buyer upon delivery of the Goods to the shipping provider. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title and interest of Buyer in, to and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Ohio Uniform Commercial Code.

5. Inspection and Rejection of Nonconforming Goods.

(a) Buyer shall inspect the Goods within seven (7) days of receipt (the “Inspection Period”). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Buyer’s Sales Confirmation; or (ii) product’s label or packaging incorrectly identifies its contents. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller. Buyer acknowledges and agrees that the remedies set forth above are Buyer’s exclusive remedies for the delivery of Nonconforming Goods.

6. Price.

(a) Buyer shall purchase the Goods from Seller at the price (“Price”) set forth in Seller’s published price list in force as of the date of Buyer’s purchase. All applicable taxes and duties shall be paid by Buyer. All discount terms, if any, will be calculated from the basis of the original Price.

7. Payment Terms.

(a) Buyer shall pay all amounts due to Seller at time of purchase via Seller’s e-commerce platform. Seller shall be under no obligation to process and ship Goods to Buyer in the event that full payment is not made at time of purchase.

8. Limited Warranty.

(a) Seller warrants to Buyer for a period of thirty (30) days from the date of shipment of the Goods (“Warranty Period”) that the Goods will materially conform to Seller’s published specifications in effect as of the date of shipment and will be free from material defects in material and workmanship. Seller further warrants that it has valid title to the Goods, that the transfer of title to Buyer is valid and free from any security interest, lien, or other interest adverse to Buyer.
(b) EXCEPT FOR THE WARRANTY SET FORTH IMMEDIATELY ABOVE, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(c) Seller shall not be liable for a breach of the warranty set forth in herein unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within seven (7) days of the time when Buyer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller’s place of business at Seller’s cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer’s claim that the Goods are defective.
(d) Seller shall not be liable for a breach of the warranty if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Seller.

(e) Subject to the disclaimers above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate, provided that, if Seller so requests, Buyer shall, at Seller’s expense, return such Goods to Seller.

(f) THE LIMITED REMEDIES SET FORTH IN THIS SECTION 8 SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY.

9. Limitation of Liability.

(a) IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE GOODS, THESE TERMS, OR OTHERWISE, WHETHER ARISING OUT OF OR RELATED TO CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THREE (3) TIMES THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER.

The limitation of liability set forth above shall not apply to liability resulting from Seller’s gross negligence or willful misconduct.

(b) Buyer warrants that Buyer has read and understands the specifications of the Goods posted on Seller’s website titled “Compatibility.” Seller disclaims liability arising from improper installation and use of Goods, even on a compatible vehicle. Seller disclaims liability for use of Goods in extreme weather or road conditions.

10. Waiver.

(a) No waiver by Seller of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Seller. In no event shall Seller’s failure to exercise or delay in exercising any right, remedy, power or privilege arising from these Terms operate, or be construed as, a waiver thereof. No single or partial exercise of any of Seller’s rights, remedies, powers or privileges hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

11. No Third-Party Beneficiaries.

(a) These Terms are for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

12. Governing Law.

(a) All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision, statute, regulation, doctrine, rule or court decision (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio.

13. Submission to Jurisdiction.

(a) Any controversy or claim arising out of or relating to these Terms, or the breach thereof shall, at either Party’s election, be settled by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any Court in the State of Ohio. The rules of the American Arbitration Association may be viewed here: www.adr.org/sites/default/files/Consumer%Rules.pdf.

14. Notices.

(a) All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

15. Severability

(a) If any term or provision, or any portion of any term or provision, of these Terms is found to be invalid, illegal or unenforceable in any jurisdiction, any such finding of invalidity, illegality or unenforceability shall not affect the enforceability of the remainder of these Terms or any other term or provision of these Terms; nor shall such finding operate to invalidate or render unenforceable such term or provision or any portion of any such term or provision in any other jurisdiction.

 

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PRIVACY POLICY

Rimetrix (“Rimetrix,” “we,” “us,” “our”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (the “Policy”). Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use this website. This Policy may change from time to time. Your continued use of this website after we make changes is deemed, where permitted by applicable law, to be acceptance of those changes, so please check the policy periodically for updates. This Policy describes the types of information we may collect from you or that you may provide to us when you visit the website Rimetrix.com (our “website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Policy applies to information we collect on this website, and in email, text, and other electronic messages between you and this website. It does not apply to information collected by us offline or through other means (such as any other website operated by Rimetrix or a third party), or any third party, including through any content (including advertising) that may link to or be accessible from, or on, the website.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our website, including:
  • First and last name
  • Email address
  • Mailing and shipping addresses, including state, ZIP code, and city
  • Phone numbers
  • Usage data, including IP addresses, browser information, diagnostic data, mobile device information and time/place of website access

Tracking Technology and Cookies

We use Cookies and similar tracking technologies to track the activity on our website and store certain information. Tracking technologies used are beacons, tags, and scripts that we utilize to collect and track information and to improve and analyze our website. The technologies we use may include:
  • Cookies or Browser Cookies: A cookie is a small file placed on your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our website.
  • Flash Cookies: Certain features of our website may use local stored objects (or Flash Cookies) to collect and store information about your preferences or your activity on our website. For more information on how you can delete Flash Cookies, you can read an article like this one: “Where can I change the settings for disabling or deleting local shared objects?
  • Web Beacons: Certain sections of our service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Rimetrix, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Use of Your Personal Data

Rimetrix may use your personal data, as outlined above, for the following purposes:
  • To provide and maintain our website: Your information may be utilized to monitor usage and security of the platform. We utilize a website hosting service that may gain access to your information as part of the services they provide to Rimetrix.
  • To manage your Account: We may use the information you provided in registering for an Account to better serve you. The personal data you provide can give you access to different functionalities on the website as a registered user.
  • For the performance of a contract: Your personal data enables the development, compliance, and undertaking of the purchase contracts for the products, items, or services you have purchased or any other contracts formed between us and you through the website. This includes disclosure of personal data to third-party shipping and logistics companies.
  • To contact you: Your personal data enables us to contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide you with updates and manage your requests: Your personal data allows us to provide you with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or asked us about unless you have opted not to receive such information. Your data also allows us to manage and attend to requests you may make of Rimetrix through the website.
  • For other purposes: We may use your personal data for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our website, products, services, marketing, and user experience.
We may share your information with:
  • Service providers: We may share your personal data with service providers to monitor and analyze the use of the website.
  • Law enforcement: We may disclose your personal data under certain circumstances in accordance with governing laws or other valid request by public authorities.
  • Business transfers: We may disclose your personal data to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, wherein personal data held by us is among the assets transferred.
  • Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our subsidiaries, joint venture partners or other companies that we control or are under common control with us.
  • With other users: When you share personal information in the comments section or other public areas of the website with other users, such information may be viewed by all users and may be publicly distributed outside of our website. Similarly, other users may be able to view descriptions of your activity or communicate with you via public comments.
  • Your consent: We may disclose your personal information for any other purpose with your consent.

Data Security and Storage

We have taken commercially reasonable measures to secure and maintain your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. While we retain personal information provided when you create an account, we utilize a third-party credit card processor who may separately collect and maintain some of your personal data. The safety and security of your information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of the website, you are responsible for keeping this password confidential. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk.

Comments and Engagement

When visitors leave comments on the website, we collect data shown in the form, and the commenter’s IP address and browser information. An anonymized string created from your email address (also called a hash) may be provided to the web host to see if you are using it. Your profile picture is visible to the public in the context of your comment.

Links to Other Websites

Our website may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s website. We strongly advise you to review the privacy policy of every site you visit.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our CCPA policy.

Contact Information

To ask question or comment about this Privacy Policy and our privacy practices, contact us at info@rimetrix.com.
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