RSM ROADWAY SAFETY MATERIALS, INC. DBA TRAFFIC SAFETY ZONE
These terms and conditions apply to the viewing, purchasing and sale of products through www.TrafficSafetyZone.com (the “site”), a site operated by RSM Roadway Safety Materials, Inc. (“RSM”). By viewing this site, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, do not use this site and do not place an order. Please print a copy of these terms and conditions for your records. All advertisements on the site are invitations to purchase and not offers to sell. RSM reserves the right, at its sole discretion, to accept or reject the order once order has been completed and submitted by you.
Ownership of Materials, Trademarks and Copyright:
The information contained in this site including all images, designs, logos, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by RSM or its affiliates, or are the property of their respective owners. The contents of this site may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of RSM or the applicable copyright owner. You may only use the site to view its content and place an order. All rights not expressly granted are hereby reserved by RSM and its licensors.
Limitation of Liability RSM:
RSM will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort (including negligence), or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. RSM is not responsible for delays in delivery which result from any circumstances beyond its control. RSM’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars ($10.00).
Pricing and Specifications:
All information regarding pricing, products and services is subject to change. RSM reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements or images. Note: product shipped may not match images exactly but will be to specification.
Prices listed are net and do not include shipping charges, handling fees, taxes and/or applicable duties, brokerage fees or special crating requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing RSM with the necessary documentation at the time of purchase or taxes will be added to their order. RSM always strives to maintain low prices. Occasionally, stated prices on the site are subject to change without notice due to circumstances beyond our control.
Products are shipped FOB RSM Port Moody, BC, Canada warehouse to your location. UPS is used whenever possible. However, should your order exceed UPS size or weight limits, “Common Carrier” will be selected to expedite delivery. For rush shipments, please request Fed Ex, UPS Air; Next Day, 2nd or 3rd day or Freight Collect. All shipping charges are prepaid by RSM and added to the customer’s invoice unless you choose to be billed on your freight account. Any additional charges for services requested by the customer, including but not limited to inside delivery, special routing, residential delivery or pre-delivery notification must be paid by the customer.
If for any reason you are dissatisfied with a purchase you made from RSM, you may return the merchandise within 30 days. Please contact customer service at 1-844-280-3238 for a Return Authorization number. Product must be returned within 15 days of issued RA and in new and unused condition and must include all parts and in original packaging. Customers will be responsible for return shipping charges. Upon verification of returned product, a refund will be issued for the items returned at the original product sale cost less a 15% handling fee. After 30 days and up to 60 days, if product received is in new and unused condition, a credit will be issued and used on new product purchased within 1 year of date of issue.
After 60 days, items are non-refundable unless proof of a manufacturers warranty on flaws and defects. Excluded Items: Product that has been used or installed in any way; Product with custom stenciling/lettering (ie: traffic cones, delineators); Water filled barricades; Custom made products; Items purchased as a ‘Discounted’ or ‘Clearance’ sale item. Due to their nature, custom and made-to-order products cannot be accepted for return unless the product was initially defective.
If a product is damaged during delivery to you via a freight carrier, note the damage on the carrier’s delivery receipt and request an inspection report on the damaged shipment from the carrier to be forwarded to you within 10 business days. Forward the inspection report and original packing list to RSM and we will file a claim on your behalf. If a product is damaged during delivery to you via UPS or Parcel Post, you must note the extent of the damage on the back of the packing list. Once complete, forward the form to RSM and hold the damaged materials for disposition instructions.
Product is returnable with proof of manufacturers flaws or defects within 90 days from purchase date. Please contact us immediately and we will send you your Warranty Claim Form for returning the defective item(s). Product is fully refunded or replaced with same or similar product as per our policy for returns above. Please contact Customer Service at 1-844-280-3238 for assistance.
RSM and its affiliates hereby expressly disclaim all warranties and conditions, either legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, related to this site or the products, including, without limitation, any warranty of merchantability, merchantable quality, quality or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not affect the terms of the manufacturer’s warranty, if any.
For those customers with established RSM credit, payment terms are net 30 days from the date of invoice. In addition, RSM accepts Visa or Mastercard credit cards, PayPal, at the time of order. If paying by credit card, you hereby authorize RSM to charge the applicable card the full amount payable for your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and RSM will have no obligation to fulfill your order.
This site is controlled by RSM from our offices within the Province of British Columbia, Canada. By accessing this site you agree that the laws of the Province of British Columbia, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
These terms and conditions constitute the entire agreement and understanding between the customer and RSM concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by RSM representatives or any alternate terms supplied by you to RSM unless otherwise agreed to by RSM in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
It is the express wish of the parties that these terms and conditions and all related documents be drawn up in English.
The following paragraphs will survive the cancellation of your order: Ownership of Materials, Trademarks and Copyright; Limitation of Liability; Returns; Warranties; Payment Terms; Applicable Law, Entire Agreement, Language and Survival