Terms and Conditions

Racine Railroad Products, Inc. - Terms and Conditions

Last Updated: 26 February 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN.

1. General Terms

1.1    Except where the Company and Customer have entered into a separate signed written agreement with different terms of sale, these Terms are the only terms which govern the sale of Products and Services by the Company to the Customer. Any provision or conditions of the Customer's purchase order or acceptance which are inconsistent with, or in addition to these Terms shall not be binding on the Company, and shall not be applicable.

1.2    We reserve the right to modify these Terms at any time. Changes will be posted on this page, and your continued use of our website constitutes acceptance of the updated Terms.

2. Product Offerings

2.1    We offer a combination of custom, engineer-to-order products and standard commodity items.

2.2    Product descriptions, pricing, and availability are subject to change without notice.

2.3     While we strive for accuracy, we do not warrant that product descriptions or other content on our site are error-free.

3. Orders and Payment

3.1    All orders are subject to acceptance and availability.

3.2    Prices are listed in U.S. dollars and do not include taxes, shipping, or handling fees unless stated otherwise.

3.3    Payment must be made in full before order processing unless otherwise agreed upon in writing.

4. Cancellation Policy

4.1     **Custom & Engineer-to-Order Products:**

Once production has begun, orders for custom or engineer-to-order products cannot be canceled or refunded.

4.2     **Made to Stock Items:**

Orders for standard commodity items may be canceled before shipment. If the order has already shipped, it must be returned in accordance with our Return Policy.

5. Return Policy

5.1 **Custom & Engineer-to-Order Products:**

Due to their specialized nature, these products are non-returnable unless defective or not manufactured to agreed specifications.

5.2 ** Made to Stock Items:**

Returns must be initiated within 30 days of receipt. The item must be unused, in its original packaging, and accompanied by proof of purchase. A restocking fee of at least 25% will apply.

5.3    Customers are responsible for return shipping costs unless the return is due to an error on our part.

6. Shipping & Delivery

6.1     Shipping times are estimates and are not guaranteed.

6.2     Racine Railroad Products, Inc. is not responsible for delays caused by carriers, customs, or other unforeseen circumstances.

7. Limitation of Liability

7.1     To the fullest extent permitted by law, Racine Railroad Products, Inc. shall not be liable for any indirect, incidental, or consequential damages arising from the use of our products or website.

8. Governing Law

8.1     These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin.

8.2     Any disputes arising from these Terms shall be resolved in the courts of Wisconsin.

9. Export & Trade Compliance

9.1     Unless expressly stated to the contrary in the Contract, the Customer shall be responsible for obtaining all approvals, licenses and authorizations, and for payment of all duties, fees costs and taxes, associated with the importation and exportation of the Products.

9.2     The Customer warrants and represents that it shall comply with all applicable export control, trade embargo and other foreign trade control laws, rules and regulations, including but not limited to the US Export Administration Regulations, EU Dual-Use Regulations, the Australian Department of Foreign Affairs and Trade (DFAT) Charter of the United Nations Act, 1945, Autonomous Sanctions Act 2011 and the Customs Act 1901, US and EU trade and financial sanctions laws and regulations, (together “Trade Restrictions”), relating to the performance of its obligations under the Contract.

9.3     The Customer shall provide the Company with end-user and other documentation and certifications reasonably requested by the Company in connection with the export and/or sale of Products and related items. The Customer shall not do, or omit to do anything that may cause the Company to be in breach of applicable Trade Restrictions. The Company shall have the right to audit the Customer’s books and records based on reasonable suspicion of the Customer’s violation of this Clause.

10. Force Majeure

10.1   The Company shall not be liable for any delay or non-performance of its obligations under a Contract caused wholly or partly by an act of God, delay in transportation, labor disputes, epidemics, pandemics, fire, flood, war, accident, government action, inability to obtain adequate labor, materials, manufacturing facilities, or energy or any other cause beyond the Company’s control or that of its servants or agents. If the delay has continued for a period of three (3) months then either Party may terminate the Contract without prejudice to any rights which may have accrued prior to such termination.

11. Contact Information

For any questions regarding these Terms and Conditions, please contact us at:

Racine Railroad Products, Inc.

1955 Norwood Court

+1-262-637-9681

custserv@racinerailroad.com