RHINO WINDOWS TERMS AND CONDITIONS

Company Information:

Company Name: Rhino Windows
Contact Email: info@rhinowindows.com
Jurisdiction: Florida
Postal Address: 2500 International Speedway Blvd, Suite 900 #1302, Daytona Beach, Florida, 32114
Website: rhinowindows.com

1. Definitions
In these Conditions, the following definitions apply:
Company means Rhino Windows, a business registered in Delaware.
Conditions means the terms and conditions set out in this document.
Contract means the contract between the Company and the Customer for the sale and purchase of the Goods and Services in accordance with these Conditions.
Customer means the person or firm who purchases the Goods (or any part of them) and Services from the Company. A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
Goods means the goods (or any part of them) set out in the Order.
Managing Director means the managing director of the Company from time to time.
Order means the Customer’s order for the Goods and Services, as set out in the completed Order Form submitted to the Company.
Order Form means the Company’s standard order form provided to the Customer.
Services means the services (if any) to be provided by or on behalf of the Company as set out in the Order.
Subject to these Conditions, phrases defined in the 2000 edition of Incoterms have the same meaning when used in these Conditions.

2. Application

(i) These Conditions shall apply without modification and to the exclusion of all other conditions unless otherwise agreed by the Managing Director in writing.
(ii) The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, or representation made or given by or on behalf of the Company which is not set out in the Contract.
(iii) Nothing in these Conditions shall restrict the rights of a Customer dealing as a consumer.
(iv) Where the Customer comprises two or more persons, their liability under these terms shall be joint and several.

3. Acceptance of Orders

(i) All Orders are accepted by the Company only under and subject to these Conditions.
(ii) Unless credit is extended to the Customer by the Company, Orders are accepted with the appropriate cleared payment in full and a correctly completed Order Form.
(iii) In instances where credit is extended, Orders are subject to satisfactory references.

4. Prices

(i) Prices quoted or agreed by the Company are exclusive of tax, duty, delivery, and other charges, and are subject to variation without notice.
(ii) Errors in the agreed terms of the written quotation allow the Company to revise the quotation or proceed at its discretion.

5. Payment

(i) Payment must be made prior to delivery, in cleared funds including Visa and Mastercard. Check payments require an additional five days for clearance.
(ii) For credit customers, payments are due by the last working day of the month following the month of the Order.
(iii) Payments are calculated and made in U.S. Dollars.
(iv) Late payments incur a 1.5% APR interest per month.
(v) The Company may vary payment terms at its discretion.
(vi) The Customer is liable for costs incurred due to default in payment.
(vii) Tax imposed by law may be added.
(viii) Non-payment allows the Company to cancel contracts or suspend deliveries.

6. Right of Set-Off

The Company may offset sums payable by the Customer against any sums payable by the Company to the Customer.

7. Cancellation of Order

If the Customer faces legal or financial difficulties or commits a material breach of the Contract, the Company may end the Contract and/or suspend deliveries.

8. Delivery

  • (i) Delivery times are estimates.
  • (ii) Orders may be delivered in stages.
  • (iii) Delivery charges are borne by the Purchaser.
  • (iv) The Company is not liable for delivery delays outside its control.
  • (v) Collection by the Customer is subject to storage charges after seven days.
  • (vi) The Customer is responsible for the loading of Goods upon collection.
  • (vii) Delivery to the nearest hard surfaced road. Unloading is the Customer’s responsibility.
  • (viii) Non-acceptance of Goods incurs storage and insurance costs, or the Company may sell the Goods.
  • (ix) Inspection on Delivery: Upon receipt of the shipment, the Purchaser must inspect the cartons and crates carefully. If there is any visible damage to the packaging or crating, they must take photos and note it on the Bill of Lading. Cartons and crates should be unpacked by the Purchaser or in their presence. All merchandise must be inspected carefully, and the original packaging should be retained until the Purchaser is satisfied with the delivery. The Company must be notified within 3 working days of any concealed damage found, along with photos of the damage, and the packaging and Bill of Lading must be retained.
  • (x) The Customer undertakes to comply with export/import regulations.
  • (xi) Title to Goods does not pass until payment is received in full.

9. Return Policy

No refunds or exchanges.

10. Inspection, Testing, and Quality/Performance/Title

Refer to the Limited Warranty on the Company’s website and Delaware Statute Chapter 672.

11. Limitation of Liability

(i) The Company is not liable for indirect or consequential loss.
(ii) Total liability is limited to the price of the Goods.

12. Assignment

The Customer cannot transfer rights or obligations under this Contract without consent. The Company may do so at any time.

13. Waiver

A waiver is effective only in writing and does not imply a waiver of subsequent breaches.

14. Variation

Variations to the Contract are binding only when agreed in writing by the Managing Director.

15. Enforceability
Invalid or unenforceable provisions do not affect the validity of remaining provisions.

16. Jurisdiction

This Contract is governed by Florida Law and subject to the exclusive jurisdiction of the Florida courts.
This revised document incorporates the amendments regarding company registration in Delaware and the additional instructions for inspecting and reporting damage upon delivery. Please ensure that this document meets your specific needs and legal compliance requirements in Delaware.