Terms & Conditions

WE GLADLY ACCEPT YOUR ORDER, HOWEVER THIS ACCEPTANCE IS EXPRESSLY MADE CONDITIONAL ON ASSENT TO OUR ADDITIONAL AND DIFFERENT TERMS AND CONDITIONS.

The following are the terms and conditions (Terms and Conditions) for the sale of products (Products) by Rogers Machinery Company, Inc. (Rogers) to Rogers customers (Customer). These Terms and Conditions shall apply to the exclusion of all other terms referred to in any purchase order, acknowledgment, confirmation or any other documentation issued by either party, unless agreed in writing and signed by an authorized representative of Rogers. Rogers reserves the right to amend these Terms and Conditions at any time.

  1. PRICES. Orders are billed at the prices (in US dollars) in effect at the time of order confirmation. The prices on rogers-machinery.com reflects the latest pricing information available at the time, which is subject to change, without notice. Prices for any rescheduled deliveries may be increased by Rogers in the event of an increase in Rogers’ prices or costs or causes beyond Rogers’ reasonable control.
  2. DELIVERY AND TITLE. All shipment charges shall be paid to Rogers by Customer in addition to the purchase price of the Products (unless otherwise agreed in writing with the Customer). Selection of the carrier and delivery route will be made by Rogers unless specifically designated by Customer. Rogers will aim to initiate shipment and deliver the Products as close as possible to Customer’s requested delivery date(s). Customer acknowledges that shipment and delivery dates provided by Rogers are estimates only and that Rogers will not be liable for failure to achieve such dates (unless otherwise agreed to in writing with the Customer). Delivery to a carrier at Rogers’ premises will constitute delivery to Customer, and risk of loss or damage to the Products will pass to Customer and carrier at this point. Customer will be responsible for any loss or damage in transit and the filing of a freight claim if necessary. Title to the Products shall remain with Rogers until payment in full for the Products by Customer.
  3. CANCELLATIONS AND RETURNS. Customer may, without charge, cancel an order for standard Products provided the order is scheduled for shipment by Rogers more than 60 days after Rogers receives written notice of cancellation from Customer. Standard Products include Products which are not special orders, customarily in stock, and are not made-to-order items. Customer may only cancel an order for standard Products scheduled for shipment by Rogers within 60 days after Rogers receives written notice of cancellation if accepted by Rogers in its sole discretion, which acceptance may be subject to Customer accepting a cancellation fee determined by Rogers. Customer may only reschedule an order if accepted by Rogers in its sole discretion. Orders may not be cancelled or rescheduled after delivery by Rogers to the carrier. Customer may not cancel orders for non-standard Products or Engineering services unless by mutual agreement based upon payment to Rogers of a reasonable cancellation charge. Non-standard Products include, without limitation, Products which are special orders, products not customarily in stock, and made-to-order items. Goods may not be returned without Rogers prior written authorization and may be subject to a restocking charge. Authorization must be obtained from Rogers prior to returning any Product by submitting a return goods authorization (RGA) request to the Rogers personnel who originated the sale transaction. Authorized returns shall be returned at the Customer’s sole expense, freight prepaid. Customer is deemed to have accepted the Products unless written notice of rejection is received by Rogers within 60 days after delivery.
  4. LIMITED WARRANTY. Rogers warrants to Customer that Products purchased hereunder will be free from defects in workmanship and materials under normal use in service. Under this warranty, Rogers has the option to either refund the purchase price or repair or replace any defective workmanship or part. If Rogers breaches this warranty, Customer’s remedy is limited to (at Rogers’ election) (1) refund of Customer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products may be returned to Rogers, along with acceptable warranty claim submission documentation, transportation charges prepaid, within a reasonable time period. No warranty will apply if the Product has been subject to misuse, neglect or damage. Rogers will transfer to Customer all warranties applicable to an assembled product purchased per the specific product warranty statement. In some circumstances, Rogers acts as a distributor of products manufactured by other companies. Thus, Rogers expressly limits its guarantees and warranties for products sold hereunder to those extended and allowed by the manufacturing company to be passed through to Rogers customers. Details of all warranties can be made available to Customer on request. SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, ROGERS MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE.
  5. LIMITATION OF LIABILITIES. CUSTOMER SHALL NOT BE ENTITLED TO, AND ROGERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONSEQUENTIAL, COLLATERAL OR SPECIAL LOSSES OR DAMAGE, LOSS OF PROFIT, MALFUNCTION CAUSED BY FAIR WEAR AND TEAR, ABNORMAL CONDITIONS OF USE, ACCIDENT, NEGLECT OR MISUSE OF EQUIPMENT OR IMPROPER STORAGE, IMPROPER OPERATION, MAINTENANCE, NON-OEM PARTS, OR REPAIR, DAMAGE RESULTING DURING SHIPMENT OR INSTALLATION BY OTHER THAN COMPANY AUTHORIZED PERSONNEL. IN NO EVENT SHALL ROGERS BE LIABLE FOR ANY CLAIMS WHETHER ARISING FROM BREACH OF CONTRACT, OR WARRANTY, OR CLAIMS OF NEGLIGENCE OR NEGLIGENT MANUFACTURE IN EXCESS OF THE PURCHASE PRICE PAID.
  6. PUBLISHED INFORMATION. Rogers makes every effort to ensure the accuracy of the information published in its literature and website. However, Rogers makes no representations about the information presented, which is provided as-is  without warranty of any kind. Product specifications and availability are subject to change without prior notice.
  7. FORCE MAJEURE. Rogers will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions, computer service interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. Rogers’ time for delivery or performance will be extended by the period of such delay or Rogers may, at its option, cancel any order without liability by giving notice to Customer.
  8. EXPORT CONTROLS. Products purchased are subject to export control laws, restrictions, regulations and orders of the United States. 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 United States or foreign law or regulation. 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 for obtaining any required license to export, re-export or import.
  9. GENERAL. The Terms and Conditions may not be modified or cancelled without Rogers’ written agreement. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. The provisions set out in these Terms and Conditions 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. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Oregon, other than the conflicts of laws principles thereof, and jurisdiction and venue shall be exclusively in Oregon state of federal court. Customer will not directly or indirectly export, re-export, sell or transfer any Product to any country for which an export license or other governmental approval is required without first obtaining all licenses and other approvals. Customer acknowledges that Rogers and its licencors own the intellectual property rights in the Rogers literature, the content and the stock numbers, and that their whole or partial reproduction without Rogers prior written consent is prohibited.
  10. INTERNATIONAL ORDERS. All orders of international origin are exported from the US in accordance with Export Administration Regulations. All taxes, duties, insurance, shipping charges, and other international charges and fees are the responsibility of the Customer. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. All export orders are shipped exworks and minimum order is $50.00.       

CONTACT US 

For more information about our terms and conditions, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at sales@rogers-machinery.com or by mailing Rogers Machinery at 14650 SW 72nd Avenue, Portland OR 97224, United States