Terms and Conditions

Last updated: September 22, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Account means a unique account created for You to access our Service or parts of our Service.

• Country refers to: Illinois, United States

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Remke Industries, Inc., 730 Lakeview Parkway Vernon Hills, IL 60061.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Goods refer to the items offered for sale on the Service.

• Orders mean a request by You to purchase Goods from Us.

• Promotions refer to contests, sweepstakes or other promotions offered through the Service.

• Service refers to the Website.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to Remke.com, accessible from https://www.remke.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use a purchase order any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Minimum Billing

The minimum billing amount is $250 for online orders, $100 for offline orders, and $200 for international orders, plus any applicable freight charges.

Prices

All prices are in US Dollars per each, and are FOB the factory. Buyer takes possession at that point and is responsible for all transportation, handling and insurance costs not expressly allowed hereby. Prices are subject to change without notice.

Terms

A cash discount of 2% is offered if payment is made by check or ACH within 10 days of invoice. Otherwise net payment in full on all invoices is due thirty (30) days after the date of shipment and any unpaid balance shall be subject to a late charge of 1.5% per month thereafter. Invoices are dated as of the date of shipment.

Delivery

All shipments are FOB the factory. Upon request, shipping charges will be prepaid and the charges added to the invoice. Any quoted delivery date is approximate and based on prompt receipt of all necessary information regarding the order. Remke shall not be liable for any loss or damage resulting from any delay in acceptance of the order of the delivery of the goods. Remke will use its own discretion in routing all shipments upon which it assumes transportation charges.

Freight Shipments

Freight will be prepaid to any freight station on a common carrier in the United States except Alaska and Hawaii on each order for materials equaling $600.00 net value or more. Special handling and air freight shipment cost will be billed on a prepaid and add basis, unless special arrangements have been made with the factory. We reserve the right to specify routing on all freight allowed orders.

Special Packing

An extra charge will be made for special packing.

Offer and Contract

Acceptance by Remke of Buyer’s order is expressly made conditional on assent to these Terms and Conditions, either by written acknowledgement or by conduct of the Buyer that recognizes the existence of a contract with respect to the Goods described on Remke’s invoice. These Terms and Conditions also serve as Remke’s objection to and rejection of any Terms and Conditions of purchase or sale included in Buyer’s purchase order or other writing that are different from or additional to these Terms and Conditions. Typographical and clerical errors in quotations, orders and acknowledgements are subject to correction. Sales representatives are not authorized to bind Remke.

Quotations

All verbal quotations automatically expire thirty (30) days from the date quoted unless otherwise specified. Written quotations are valid through the specified dates.

Credit

Remke may, at any time or times, suspend performance of any order or require payment in cash, security or other adequate assurance satisfactory to Remke when, in Remke’s sole opinion, the financial condition of Buyer or other grounds for security warrant such action.

Order Cancellation

Remke Shall have as absolute right to cancel the contract upon (i) material breach thereof by Buyer; or (ii) failure by Buyer to make any payment required by the contract; or (iii) insolvency of Buyer, the filing of a voluntary petition of bankruptcy by Buyer, the filing of an involuntary petition to have the buyer declared bankrupt, the appointment of a receiver or Trustee for Buyer, the execution by Buyer of an assignment for the benefit of creditors; or (iv) discontinuance of business by Buyer or the sale by Buyer of the bulk of its assets other than in the usual course of business.

Returned Goods

Goods returned from any source will not be accepted unless Remke has given its consent in advance thereto in writing. Remke may impose a restocking charge for any such returned goods. Please contact your agent or REMKE for details.

Warranty

Remke warrants that the goods manufactured by Remke will be free from defects in material and workmanship for a period of one (1) year from the date of purchase, assuming normal and proper usage. Parameters outlining normal and proper usage are available upon request. Remke’s obligation under this warranty will not apply to any product which (1) is normally consumed in operation; or, (2) has a normal inherently shorter than the warranty period stated herein. The warranty expressed herein is in lieu of any other warranties, expressed or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, and is in lieu of any and all other obligations or liability on Remke’s part. Remke’s sole liability and Buyer’s sole remedy is limited to either (1) repair or replacement of defective parts or Goods; or (2) at Remke’s option, return the goods to Remke and refund of purchase price. Buyer waives any right to assert any claim against Remke arising from any non-conformity of Goods which would have been observable on reasonable inspection or testing within thirty (30) days after delivery.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the the state of Illinois, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If the concern or dispute cannot be resolved to the satisfaction of both parties, the dispute, controversy or claim arising out of or relating in any way to [the agreement/the relationship] including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach [of the agreement], shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. [In the event of a dispute, controversy or claim arising out of or relating in any way to [the agreement/the relationship], the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.] The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.]

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: sales@remke.com

• By phone number: 847-541-3780

• By fax number: 847-541-7245

• By mail: 730 Lakeview Parkway Vernon Hills, IL 60061