THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH RIESTERER & SCHNELL INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, PRODUCTS OR GOODS OR SERVICES BY APPLICABLE LAW.
You agree that your order is an offer to buy, under these Terms & Conditions, all Products or services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices posted on this Site may be different from prices offered by us at our physical dealership locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. If you cancel any orders arising from such occurrences and have already paid for the product or service, you will be eligible for a full or partial refund or in-store credit.
Unless otherwise agreed between us, payment must be received by us before we accept an order through a method approved by you. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on our Site at the time of your order.
We will normally send your order to you within the time frame specified for each product. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges associated with the order. Title and risk of loss passes to you upon our transfer of the product to the carrier. Shipping and delivery dates are estimates only. We are not liable for any delays in shipments.
All users of this Site agree to our return policy found here: https://rands.dealercustomerportal.com/Customers/Refund-Policy
All products sold by us are covered by a manufacturer or OEM warranty, if any. If a product fails during the manufacturerâ€™s warranty period, you may return it to us for a replacement. Please be advised that John Deere does not cover or provide shipping/freight charges for warranty items, and all warranty items must be returned to us and from us to you at your expense. If you are returning products to us for warranty replacement, you must include your credit card information in the return package in order to cover the return shipping charges back to you. Alternatively, you may attempt to take the defective product back to any John Deere dealer, along with your receipt, and ask them to replace the product for you under John Deereâ€™s warranty policy. Note that such dealer is under no obligation to provide that service and may refer you back to us.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED â€œAS ISâ€ WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE, THE PRODUCTS ON THIS SITE OR THE PERFORMANCE OF SUCH PRODUCTS OR ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF R&S AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT YOU HAVE PAID TO R&S FOR THE SPECIFIC ORDER OUT OF WHICH LIABILITY AROSE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold us harmless and our officers, directors, employees, agents, licensors and suppliers (collectively â€œR&Sâ€) from and against all losses, expenses, damages and costs, including reasonable attorneysâ€™ fees, resulting from any violation of these Terms of Sale or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
You represent and warrant that you are buying Products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the state of Wisconsin.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage
We may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to us.
Your use of this Site shall be governed in all respects by the laws of the state of Wisconsin, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Our failure to insist upon or enforce strict performance of any provision of these Terms of Sale shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Sale. We may assign our rights and duties under these Terms of Sale to any party at any time without notice to you. However, you may not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.