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Terms and Conditions of Sales

Commercial Terms of Sale

This contract shall be interpreted under and governed by the laws of the state of Wisconsin

Terms Control/Rejection of Conflicting Terms.

All sales are governed by these terms, and by placing an order, submitting payment, or providing Seller with a Purchase Order, Buyer agrees to these terms. Seller’s offer to sell Buyer the Goods is conditioned on this acceptance. All other terms are rejected, including any terms included on any Purchase Orders from Buyer to Seller.

Modifications.

These Terms and Conditions may not be amended, modified, terminated, or repudiated, in whole or in part, except in writing signed by Seller and Buyer.

Commercial Payment Terms.

  • Unless otherwise agreed in writing by Seller and Buyer, down payment on order shall be paid in full before Seller ships any product subject to these Terms and Conditions (the “Goods”).
  • Commercial orders, tarps or fabric (<200 yards): Payment due at time of order.
  • New commercial customers: Conditional on credit review, minimum 50% down payment at time of order plus purchase order (PO) for the first order.
  • Commercial orders for returning customers:
    •   Orders of less than $15,000 USD: Requires PO and net 30 from shipping FOB.
    •   Orders of more than $15,000 USD: PO and 25% down payment. Balance is net 30 days from shipping FOB.
  • Custom fabricated product orders:
    •   New customers: 30% down payment. Balance is due to release the order for shipping.
    •   Return customers: 30% down payment. Balance is net 30 days from shipping FOB.
  • Direct ship full container: PO and 50% down payment, 50% net 30 from receipt.
  • Sample orders: Payment due at time of order.
  • Buyer shall pay interest on overdue bills at the rate of 12% annum or the highest rate permitted by law, whichever is lower.

Taxes.

Prices do not include sales, use, VAT, excise and other taxes or governmental charges with respect to the production, sale, distribution, or delivery of the Goods. The final invoice amount includes all applicable taxes or governmental charges. Seller is responsible for proper remittance of all such taxes or governmental charges.

Shipping & Deliveries.

  • Unless otherwise agreed in writing by Seller and Buyer, United States shipment terms are F.O.B. Origin, Freight Prepaid and Add. Choice of carrier shall be in Seller’s sole discretion. Title and risk of loss shall pass upon carrier’s receipt of Goods.
  • Unless otherwise agreed in writing by Seller and Buyer, International (Non-U.S.) shipment terms are Cost, Insurance, and Freight (CIF). Choice of carrier shall be in Seller’s sole discretion. Title and risk of loss shall pass upon carrier’s receipt of Goods.
  • Deliveries are contingent upon Seller receiving necessary materials and may be delayed, reduced, or cancelled by Seller, to the extent affected by delay, reduction, or cancellation of shipment of such materials.
  • Subject to Seller’s right of stoppage in transit, acceptance of shipment by a common carrier or licensed public trackman shall constitute a delivery, and in the absence of shipping instructions, the mailing of an invoice shall constitute a delivery.
  • Delay in delivery or defect in quality shall entitle Buyer to cancel only that portion of any material style or color and/or number which is delayed or defective.
  • Delivery or tender of 95% of the quantity specified for a delivery shall be deemed full performance of such delivery. A variation not exceeding 5% more or less than the total specified quantity contracted for shall be deemed compliance with this contract.
  • The Seller will not ship to Buyer if Buyer has more than $5,000 U.S. dollars in owed payments that are in excess of 30 days past due.
  • Return Buyers with existing credit history with Seller may schedule their own shipping at the sole discretion of the Seller. The Seller will invoice the Buyer a $25 pallet fee per pallet of product shipped. The Buyer must provide to Seller a Purchase Order and a Bill of Lading before the Seller will release the shipment.

Custom Orders.

All orders that require custom formulation (e.g., non-standard colors, coatings, etc.) require down payment prior to desired customization.

All custom fabricated orders cannot be returned or refunded except for reasons of fabrication defects by the Seller.

All yardage purchased through this website is a final sale and cannot be returned or refunded.

Force Majeure.

Seller will not be liable for any delay of its performance hereunder if the delay is directly or indirectly caused by or arises from fires, floods, terrorism, accidents, riots, war, government interference, embargoes, strikes, shortage of labor, materials or supplies, inadequate transportation facilities or any other cause beyond Seller’s reasonable control.

Price adjustment.

Any increase in Seller’s costs due to increase in freight rates of labor or raw materials or due to governmental legislation, regulation, or other providing for a tax on any materials, goods, sales, use or process or providing for any regulation or control of Seller’s purchases, materials, labor, costs, sales, or business, or due to any delay caused by any such governmental legislation, regulation, or order, may be added to the price specified herein as to any undelivered portion of this contract.

Storage.

Goods invoiced and held by Seller for whatever reason shall be at Buyer’s risk and expense. Notwithstanding this provision, such Goods, whether located on Seller’s premises or elsewhere, shall be included at invoiced value for purposes of fire, and extended coverage only under whatever general fire insurance policies Seller carries. In case of loss, Seller shall pay to Buyer that portion of any settlement received thereunder which applies to Buyer’s Goods. Goods held for more than three (3) months shall be stored at Buyer’s expense at a rate of 5% per month of the sale price of the held Goods, invoiced monthly.

Warranty.

Unless otherwise provided herein, Seller warrants good title and that all Goods sold hereunder shall conform to Seller’s standard specifications. Subject to the preceding sentence and except as otherwise expressly stated herein, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE GOODS. Seller shall not be liable for, and Buyer assumes responsibility for, all personal injury and property damage resulting from the handling, possession or use of the Goods by Buyer.

Commitment to Cure.

Seller will make right any warranty issues with Seller’s Goods prior to their initial use. Buyer must bring any and all such issues to Seller’s attention within 14 days of receipt of Goods. Seller is not obligated to honor requests for cure coming from Buyer later than 14 days after Buyer’s receipt of Goods.

Claims and allowances.

  • Seller shall not be liable for normal manufacturing defects nor for customary, variations from quantities or specifications.
  • If Buyer claims Goods are defective in quality, they must, after written authorization from Seller, be properly and promptly offered to the Seller for examination and if Buyer fails to make such Goods available for examination, Buyer shall not be entitled to any allowance or claim as to such Goods. Seller may, within 30 days after examination of the Goods, replace any merchandise which is not in accordance with the contract, and in such event no further claim may be made by Buyer. Claims of any kind or nature are specifically barred unless made in writing within 30 days after delivery of Goods or prior to cutting, processing or altering of the Goods in any manner from the original condition of delivery.
  • Exact matches of color are not guaranteed, but Goods shall be a reasonable match to standard, fabrics may vary in shade from piece to piece and Seller assumes no responsibility for such variations. Shade classification and segregation is for convenience of Buyer only and even though the Goods may be segregated as to shade from packing unit to packing unit or within any packing unit, Seller assumes no responsibility for the accuracy of such segregation.
  • The limit of liability of Seller for defective merchandise shall be the difference in value on contract date of delivery between Goods specified and Goods actually delivered. The limit of liability of Seller for late delivery or non-delivery shall be the difference, if any, between the contract price and the fair market price, on the contract date of delivery, of the Goods to be delivered. In no event shall the Buyer be entitled to claim any other damages for defective merchandise or late delivery or non-delivery, and in no instance shall damages include profit on contemplated uses or profit of any description.

Used or Returned Goods.

Where contract specified sold Goods as ‘used’ or ‘returned’, the sale shall be deemed made without any representations or warranty of quality whatsoever.

Limitation of Damages.

Seller shall not be liable for indirect, incidental, consequential, exemplary, or punitive damages resulting from or arising in connection with any act or omission of Seller relating to any breach of these Terms and Conditions or relating in any way to the design, manufacture, delivery or use of the Goods. Seller’s liability, regardless of grounds, shall be limited to the amount paid by Buyer for the Goods.

Limitation of Actions.

Any statute of limitations notwithstanding, no claim shall be filed or brought against Seller for any breach of these terms and conditions after two (2) years of the date Buyer receives the Goods.

Trademarks.

Seller passes no right to the use of any trade-name or trade-mark of the Seller to the Buyer under this contract and the Buyer agrees to refrain either directly or indirectly for using any of the Seller’s trade-names or trade-marks unless specifically authorized to the contrary by the Seller in writing.

Limitation of Patent Filings: Buyer forfeits right to file patents in which the defining characteristic of the patent is the specific use of the Goods sold to Buyer.

Remedies Not Exclusive.

No remedy of Seller provided herein is exclusive of any other remedy available to Seller.

Assignment.

Buyer cannot assign any rights, duties or obligations hereunder without Seller’s prior written consent.

Governing Law and Venue.

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, and any legal proceeding with regard to these Terms and Conditions or the Goods shall be brought in the Circuit Court for Brown County, Wisconsin. Buyer hereby waives any claims of forum non conveniens or any other similar claims.

Cost of Collection.

Buyer shall be liable to pay Seller for all costs associated with any breach of these Terms and Conditions by Buyer, including Seller’s actual attorney’s fees.

Authority of Signers.

Each person accepting these Terms and Conditions represents and warrants that he/she has been duly authorized to do so.

Counterparts & Facsimile Signatures.

These Terms and Conditions may be signed in counterparts. Facsimile and electronic signatures shall have the same effect as originals. Placing and paying for an order online also acknowledges and agrees to these Terms & Conditions.

Breach.

Upon breach by Buyer as to any installment, Seller, at its option, may treat such breach as severable or as a breach of the entire contract, on giving written notice of such election to Buyer. If Buyer breaches this contract or any installment thereof, in addition to all other rights provided by law, Seller may sell the Goods at public or private sales without notice to Buyer, and Buyer shall be liable for the difference between the contract price and the amount received on such sale, together with the costs and expenses of such sale. At such sale Seller may become the buyer of such Goods. Waiver by Seller of a breach by Buyer of any provision of this contract shall not be deemed a waiver of future compliance therewith, and such provisions, as well as all other provisions hereunder, shall remain in full force and effect.

Separability.

If any provision of this contract is or becomes, at any time and under any law, rule or regulation, unenforceable or invalid, no other provision of this agreement shall be affected thereby, and the remaining provisions of this agreement shall continue with the same effect as if such unenforceable or invalid provisions shall not have been inserted in this agreement.

California prop 65 notice and agreement.

Buyer shall be responsible for determining compliance with Prop 65, including California Health and Safety Code § 25249.6, for any materials Buyer obtains from the Company that may reach California. Buyer shall promptly notify the Company if any of the Company’s materials obtained by Buyer may reach California in any form, including as a component or part of a consumer product manufactured by Buyer. “Promptly notify” means to notify the Company in writing before the material obtained by Buyer reaches California. After such notification, the Company may provide Buyer with written notice which identifies materials obtained by Buyer that contain Prop 65-listed chemicals. Where necessary for compliance with Prop 65, Buyer shall pass Prop 65 information related to such materials to entities downstream in the chain of commerce and/or provide a Prop 65 warning to individuals in California.

Pickup Orders.

Customers may request to pick up purchased products from Seller in Green Bay, Wisconsin. Upon such request, the customer must schedule a pick-up time during Seller’s regular warehouse hours, which are 7:00 a.m. to 4:00 p.m., Monday through Thursday. Loading time will vary based on order size and method of transportation. Orders that are not picked up within five (5) business days of the scheduled pick-up date (Fridays excluded) may be subject to storage fees. Customers must mark any product shortages, damages, or other issues with the order prior to departure from Seller’s facility. The customer’s signature on an Seller acknowledgement receipt confirms that all proper products and quantities have been received and that such products are free of visible damage. Unless otherwise agreed in writing, the Customer is responsible for all product loading and providing or retaining transportation for all products placed for pick-up.

Entire Agreement.

These Terms and Conditions, together with the Purchase Order(s) relating thereto, contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of trade inconsistent with any of the terms hereof.

Renegade Tarps and Drop Cloths Terms of Sale

Tarp Use Guidelines

The Renegade Tarp (the “tarp” or the “Product”) is designed for outdoor use, offering waterproof protection, superior UV resistance, and an industry-leading strength-to-weight ratio. The exclusive rust-proof, eco-friendly grommets are larger and stronger compared to the traditional unreinforced metal grommets. However, even our tarps have their limitations. For the best experience, please follow these tarp use guidelines:

  • Secure the tarp at the grommets
  • Do not cut or puncture the tarp
  • Keep the tarp away from sharp edges
  • The tarp is best used in static conditions. However, if you plan to use your tarp in a situation where it will experience movement (e.g., covering a load on a moving vehicle), note that wear and tear due to abrasion is normal and unavoidable under these circumstances and our warranty does not cover wear due to abrasion. Common sources of abrasion include:
    • Flapping against a surface such as a tarp used over a trailer.
    • Ropes, ratchet straps, tie-downs, or bungee cords that are stretched across the tarp
    • Wind causing the tarp to hit against a hard or sharp object

Note that in the future we will be offering patch kits that can help to reinforce or repair abraded tarp areas. Contact us at tarps@renegadeplastics.com if you’re interested in receiving information about purchasing a patch kit when they become available!

Tarp Returns

If you are not satisfied with your tarp or drop cloth (collectively the “Product”) for any reason before use, we are happy to take it back. Returns and exchanges must be made within 30 days of delivery date. To initiate a return or exchange, customers must contact Renegade Plastics Corporation at returns@renegadeplastics.com to obtain a return authorization. Only clean, un-used Products may be returned or exchanged. If you believe that your tarp or drop cloth is defective, please see our Warranty Policy. Custom tarp or drop cloth orders may not be returned or exchanged.

Customers are responsible for sending return items to Renegade Plastics Corporation. Non-prepaid shipments will be rejected. Shipping is non-refundable and a 10% restocking fee will be applied at time of refund.

All items returned should be sent back with their original purchase receipt and the return authorization information. Items sent back without either of these will not be processed and funds will not be returned.

The following items are NOT eligible for return, refund, and/or exchange:

  • Items used or altered in any way. If you believe your tarp or drop cloth was defective, please see our Warranty Policy.
  • Custom & special products
  • Items sent back without authorization from returns@renegadeplastics.com

Refunds for items returned under qualified terms and within allowed return duration will be credited back to the original form of payment. Credit issued back to credit cards will be reflected on your statement based on your billing cycle as processed by your bank or card issuer.

Tarp Warranty

We stand behind our Renegade Tarps (the “tarp”) and Renegade Drop Cloths (the “drop cloth”), collectively the “Product”, with an express Limited Warranty and we make it easy to submit a claim if you believe you have a warranty issue. We also offer a unique program to have your tarp repaired or to receive a repair kit in lieu of a replacement. This fits within our mission to reduce plastic waste by reducing the amount of material sent to our recycling partners. The terms and limitations of the warranty are detailed below. No representative, salesperson, distributor, or any other person is authorized to vary or change the terms of this Limited Warranty or to make any other warranty or promise on behalf of Renegade with respect to the Product.

Limited Warranty and Duration: Renegade provides this Limited Warranty only to the original purchaser of the Product. Renegade warrants that its Product will be free from defects in parts and workmanship for six (6) months from the date of purchase (the “Warranty Period”) if used under normal operating conditions and in accordance with instructions shown in our tarp use guidelines.

Limited Warranty Coverage and Exclusive Remedy: If, after inspection by Renegade, Renegade determines that the tarp has a defect in parts and/or workmanship, Renegade will send a replacement tarp to the Buyer at no cost to the Buyer.  Alternatively, if, after inspection by Renegade, Renegade determines that the tarp can be repaired, Renegade, in lieu of providing a replacement tarp, may offer to repair the tarp at no cost to the Buyer  or send the Buyer a repair kit at no cost to the Buyer. It will be at the Buyer’s discretion to accept the repair, the repair kit, or the replacement tarp. These remedies are the exclusive remedies for breach of this Limited Warranty.

Warranty Exclusions: This Limited Warranty does not cover and Renegade shall not be liable or responsible for: (a) damage to the tarp from any external source such as cleaners, disinfectants, chemicals, suntan lotions, body oils, or flora and fauna; (b) gradual fading or discoloration from atmospheric pollution or other debris; (c) damage caused by excessive weather events such as hurricanes, tornadoes, or high winds; (d)  damage from abrasion such as from ropes, tie downs, or other fixtures that could rub against the tarp fabric; or (e) damage caused by abuse or misuse of the tarp.

How to Make a Warranty Claim: To qualify for warranty coverage, any claim for breach of this Limited Warranty must be made promptly after the claimant discovers or should have discovered the alleged breach but in no event later than thirty (30) days after the claimant discovers or should have discovered the alleged breach and in no event may claims be submitted more than thirty (30) days after the expiration of the Warranty Period.  To initiate a warranty claim, please send an email to returns@renegadeplastics.com.  Before honoring a warranty claim, Renegade reserves the right to ask the claimant for additional information including photos of the suspected defect, proof of purchase, and a description of the suspected defect. Make sure to include a valid email address and a contact phone number.

If Renegade confirms the defect and if the claimant elects to replace the Product, Renegade will provide the claimant with a shipping label for return of the Product. The claimant must ship the Product to Renegade within thirty (30) days of the request.  Claimant’s failure to return the Product within this thirty (30) day period will void the Limited Warranty and Renegade shall have no further liability with respect thereto.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: EXCEPT AS SET FORTH HEREIN, RENEGADE MAKES NO OTHER EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE EXPRESS LIMITED WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES.  EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH HEREIN, RENEGADE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

RENEGADE’S LIABILITY IS LIMITED TO THE REMEDIES PROVIDED HEREIN.  RENEGADE SHALL NOT BE LIABLE OR RESPONSIBLE TO ANY PERSON OR ENTITY FOR LABOR COSTS, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE THE PRODUCT COVERED BY THIS LIMITED WARRANTY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, DAMAGE FOR LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR ANY OTHER LOSS IN CONNECTION WITH OR ARISING OUT OF THE PURCHASE OR USE OF RENEGADE’S PRODUCT, WHETHER RESULTING FROM ANY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY.  RENEGADE’S TOTAL CUMULATIVE AND MAXIMUM LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID TO RENEGADE FOR THE PRODUCT AT ISSUE IN THE CLAIM.

Some states do not allow limitations on, or the exclusion of incidental or consequential damages, so the above exclusions may not apply to you.  This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Limitation on Time to File a Lawsuit: All legal actions filed in federal or state court against Renegade for breach of warranty, breach of contract, negligence, strict liability, or otherwise must be commenced against Renegade within one (1) year of the date that claimant discovered or should have discovered a breach of this Limited Warranty or any other alleged defect upon which such action is based and in no event may legal actions be commenced more than one (1) year after the expiration of the Warranty Period.

Dispute Resolution and Governing Law and Venue: This Limited Warranty shall be interpreted, governed by, and enforced in accordance with the procedural and substantive laws of the State of Wisconsin without regard to any choice of law principle that would call for the application of another state’s law. Any dispute arising from the terms of this Limited Warranty or related to the Product shall be resolved in a federal or state court located in Brown County, Wisconsin. Buyer agrees that such courts have jurisdiction to interpret and enforce the provisions herein. Buyer waives all objections as to personal jurisdiction or venue in any of the above courts.