Radar, Inc
Resources

Terms of Use

  1. PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO THE PURCHASE OF PRODUCTS FROM RADAR, INC. ("THE COMPANY"). ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN CUSTOMER'S PURCHASE ORDER OR SIMILAR COMMUNICATION ARE OBJECTED TO AND SHALL NOT BE BINDING ON THE COMPANY UNLESS A SEPARATE PURCHASE AGREEMENT HAS BEEN SIGNED BY AN AUTHORIZED OFFICER OF THE COMPANY. BY PLACING AN ORDER FOR PRODUCTS FROM THE COMPANY, OR BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED ON THE APPLICABLE PACKING SLIP, BILL OF LADING AND/OR INVOICE RECEIVED WITH THE PRODUCTS, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS OF SALE.

  2. Availability and Pricing: Catalog and website product listings, specifications, availability, and pricing are subject to change without notice. Orders are not binding upon the Company until accepted by an authorized representative of the Company. Prices listed are in U.S. dollars. Some products may not be available for shipment outside the United States. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. The Company also may change or modify these Terms and Conditions of Sale from time to time without notice. Prices shown herein reflect the latest information available at the time of the printing of the catalog or uploading of an electronic catalog. All prices are subject to change without notice. Prices charged will be those prevailing when an order is placed. For scheduled deliveries over 90 days or orders experiencing extended supply chain delays, the Company reserves the right to charge the Customer the price of the products at shipment, if higher. The Company's quoted prices do not reflect the cost of accommodating Customer's purchases via credit card or any third-party procurement services, software or e-commerce providers and the Company may accordingly pass through the additional charges incurred as a result of Customer's use of such purchasing methods. Prices shown do not include any Federal, State or local taxes or any present or future sales, use, excise, value-added or similar taxes. Where applicable, such taxes shall be billed as a separate item and paid by Customer. Orders are accepted with the understanding that such taxes will be added, as the law requires. The Company charges local sales tax, unless a sales tax exemption certificate is on file with the Company.

  3. Payment Terms:  Payment terms for open account customers are Net 30 days; Payment terms for website customers are credit card only; all other customers are cash, check, or credit card. All payments are due within 30 days of invoice without any deductions or setoffs. The Company will take your order on an open account (with prior approval), C.O.D. or credit card. C.O.D. and open account orders are not accepted on the website. Orders under $50.00 will be subject to a $5.00 service charge. Selected products containing precious metals are subject to a surcharge. A late payment charge of 1 1/2% per month (annual percentage rate of 18%) shall be charged on all past due accounts and Customer shall pay the Company all costs incurred by it in collecting any past due account from Customer, including all court costs and attorney's fees, provided, however, if the foregoing charges exceed that rate which may be lawfully charged under applicable law, then such charges shall be calculated so as not to exceed the lawful rate. The Company reserves the right to add a $20.00 service charge on all returned checks.

  4. Open Account/Customer's Financial Condition: A Customer that desires to open a credit account must furnish such information as requested by the Company. The Company reserves the right in its absolute discretion to grant, refuse or discontinue any extensions of credit or reduce, or suspend any credit limit at any time. Company also reserves the right to cancel any order, require payment in advance or require the Customer to provide adequate assurance of performance, without any liability by the Company, in the event of the Customer's insolvency, filing of a petition in bankruptcy, the appointment of a receiver or trustee for Customer, or the execution by Customer of an assignment for the benefit of creditors.

  5. C.O.D.s: If your C.O.D. order total is over $5,000, you must pay with a certified check, money order, or cashier's check. For orders of $5,000 or less, please contact your Company sales representative for payment options. C.O.D orders are not accepted on the website. 

  6. Credit Cards: We accept credit and procurement cards from American Express®, MasterCard®, VISA® and Discover®.

  7. Returns:  Permission for return of products must first be secured from the Company in writing or verbally by contacting a customer service representative at 800-282-2524. Material returned without a Return Material Authorization Form will not be accepted. Request showing shipper or invoice number, date, quantities of items and catalog number will be acted upon promptly. All Return Material Authorizations are conditional and are not final until the product is received and inspected by the Company. Credit will be issued at the original price charged, less handling and transportation charges, where applicable. Returns will be subject to a minimum 15% restocking charge. All claims for shortages must be made within 72 hours of receipt of product.

  8. International Orders:  Currently the Company will only accept orders from customers within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, and Canada. Export shipments to Canada are on the basis of D.D.P. (named place of destination duty paid) with the Company separately charging for the costs, insurance, and freight to bring the goods to the named place of destination.

  9. Export Controls:  Products purchased or received under these Terms and Conditions of Sale are subject to export control laws, restrictions, regulations and orders of the United States of America. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. (For your information, the United States export laws currently prohibit the export of certain technical data, products and software to Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, or any national or resident of those countries, or to anyone on the United States Treasury Department's list of Specially Designated Nationals, the U.S. Government's Table of Deny Orders or any Executive Orders naming additional persons or entities.) Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible to obtain any license to export, re-export or import as may be required.

  10. Shipping & Handling/Delivery:  All U.S. shipments are F.O.B. shipping point and, in all cases, title shall pass upon delivery to the carrier at point of shipment and thereafter, all risk of loss or damage shall be upon Customer. Company and carrier handling charges apply. Next-Day Air Freight is available F.O.B. Shipping Point. Delivery dates provided in advance are estimates only and shall not represent fixed or guaranteed delivery dates. Orders received for in-stock products by the specified order entry cut-off time Monday through Friday (excluding holidays) are guaranteed to ship the same day through a carrier of the customer's choice. Standard Delivery orders received for in-stock products by 2pm PST Monday through Friday (excluding holidays) are guaranteed to ship the same day. Upon a customer's request, we will either credit or refund the shipping charges in the event of a service failure. Next Day and Second Day Air Service is available within the 48 contiguous states, Alaska, Hawaii, and Puerto Rico.

  11. HAZARDOUS APPLICATIONS PROHIBITED.  THE COMPANY'S PRODUCTS ARE NOT RECOMMENDED OR AUTHORIZED FOR SAFETY, LIFE SUPPORT, SURGICAL IMPLANT, NUCLEAR, MILITARY OR COMMERCIAL AIRCRAFT APPLICATIONS, OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. Customer assumes all risk and liability for use in such applications and agrees to indemnify the Company for all damages that may be incurred due to use of the Company's products in these prohibited applications.

  12. Warranty & Limitation on Liability:  Products are sold by the Company with such warranties as may be extended by the manufacturer of the product(s), and there are no warranties for services bundled with the Products or otherwise provided by the Company. COPIES OF THESE WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING THE COMPANY. THE COMPANY MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED, CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND USE IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR BUYER'S IMPROPER SELECTION OF A PRODUCT FOR A PARTICULAR APPLICATION OR OTHERWISE. No warranty will apply if its products are in any way altered or modified after delivery by the Company.
    THE COMPANY'S LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR CONNECTED IN ANY MANNER WITH THE SUPPLYING OF ANY PRODUCTS OR SERVICES HEREUNDER, OR THE SALE, RESALE, OPERATION OR USE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, IN CONTRACT, WARRANTY TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS, SHALL NOT IN ANY EVENT EXCEED THE PRICE ALLOCABLE TO SUCH PRODUCTS OR PART THEREOF INVOLVED IN THE CLAIM, REGARDLESS OF CAUSE OR FAULT. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SALES, DATA, BUSINESS, GOODWILL OR USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT WITHOUT THIS LIMITATION OF LIABILITY THE COMPANY WOULD NOT HAVE AGREED TO THE PRICE OR TERMS OF THIS AGREEMENT. THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES BOTH TO PRODUCTS AND SERVICES PURCHASED OR OTHERWISE PROVIDED HEREUNDER. Any cause of action against the Company must be instituted within one (1) year from the date of purchase.
    If the Company provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like, in which the product may be installed, the Company's giving of such advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.

  13. Catalog Descriptions:  All specifications, drawings and particulars of weights, dimensions, capacity or other details contained in the Company's catalog(s) and website are intended to give a general description of the Products but will not be part of the agreement between the parties. If the description in the catalog(s) differs from the product manufacturer's description, the manufacturer's description will be deemed correct. 

  14. Intellectual Property Rights:  The Products offered for sale by the Company may be subject to patent, trademark, copyright, design and other rights of third parties. The Company shall in no event whatsoever is responsible or liable in the event of any claim of infringement of any such rights.
    The Company's entire catalog(s) and website(s), including without limitation, the content of the catalog(s) and website(s) is copyrighted as a collective work under United States law and applicable international copyright laws and the Company owns the full copyright in its catalog(s) and website(s), including without limitation in the selection, coordination, arrangement and enhancement of the content contained therein.
    Except as stated below, none of the materials in the Company's catalog(s) or on its website(s) may be reproduced, distributed, republished, downloaded, copied in any form or by any means, displayed, posted, transmitted, modified, translated, added to, updated, compiled, or abridged without the prior written permission of the Company. Customer may download, store, print and copy selected portions of the content in the Company's catalog(s) and website(s) provided Customer: (1) only uses the content downloaded, stored, printed for furthering Customer's business with the Company; (2) does not publish or post any part of the content from the catalog(s) or website(s) in any other catalog or on any other Internet site; (3) does not publish or broadcast any part of the content from the catalog(s) or website(s) in or on any other media; and (4) does not modify or alter the content from the catalog(s) or website(s) in any way or delete or modify any copyright or trademark notice.

  15. Force Majeure:  The Company shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and or any circumstances beyond the control of the Company in its business operations.

  16. Governing Law:  This Agreement, and any sales hereunder, shall be governed by the laws of the state of Washington, without regard to conflicts of laws, rules and venue, shall be in the federal and state courts of King County, State of Washington, United States of America. The parties expressly exclude the application of the 1980 United Nations Convention of Contracts for the International Sales of Products, if otherwise applicable.

  17. Dispute Resolution:  Actions by the Company for nonpayment by the customer of the purchase price of products sold by the Company, or for redress of other breaches by the Customer of these terms and conditions of sale may be brought by the Company, at its option, before any U.S. or foreign judicial court of competent jurisdiction or at the Company's option, disputes between the Company and the Customer, including all claims for non-performance by the Company, shall be finally settled by arbitration in Seattle, Washington, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions of Sale and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Washington, U.S.A.

  18. Severability:  If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  19. Waiver:  The Company's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of the Company's rights hereunder, shall not constitute a waiver of any of the Company's rights or remedies under this Agreement.

  20. No Third Party Benefit: The provisions set forth in these Terms and Conditions of Sale are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.