Terms and Conditions

Termination

The items described in this document are hereby offered for sale at prices to be established by Robbins Rubber, its affiliates and its authorized distributors. This offer and its acceptance by any customer (“Buyer”) shall be governed by all of the following Terms and Conditions. Buyer’s order for any item described in its document, when communicated to Robbins Rubber, its parent company, affiliates or an authorized distributor (“Seller’) verbally or in writing, shall constitute acceptance of this offer. Your access to browsing and/or use of this site are subject to the following Terms & Conditions and all other terms, conditions or guidelines set out elsewhere in this site, as well as all applicable laws, rules and regulations.
By using this site, you accept and agree to be bound by the following.

  1. Terms and Conditions of Sale: All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of Seller’s products are subject to and shall be governed exclusively by the terms and conditions stated herein. Buyer’s acceptance of any offer to sell is limited to these terms and conditions. Any terms or conditions in addition to, or inconsistent with those stated herein, proposed by Buyer in any acceptance of an offer by Seller, are hereby objected to. No such additional, different or inconsistent terms and conditions shall become part of the contract between Buyer and Seller unless expressly accepted in writing by Seller. Seller’s acceptance of any offer to purchase by Buyer is expressly conditional upon Buyer’s assent to all the terms and conditions stated herein, including any terms in addition to, or inconsistent with those contained in Buyer’s offer. Acceptance of Seller’s products shall in all events constitute such assent.
  1. Shipping and Delivery: Unless otherwise provided on the face hereof, delivery shall be made F.O.B. Seller’s plant. Regardless of the method of delivery, however, risk of loss shall pass to Buyer upon Seller’s delivery to a carrier. Since inventories are not static, any delivery dates shown are approximate only and Seller shall have no liability for any delays in delivery. All freight or shipping charges are the responsibility of the consignee (i.e. buyer). All freight or shipping quotes are estimates provided by carriers and Robbins Rubber has no control over such costs, hence freight charges are subject to change without notice. All incidental and accessorial charges incurred by third party shipping firms, including fuel surcharges, re-delivery charges, inside deliveries, lift-gate services, or any other services added by the consignee or their agents are the responsibility of the consignee (i.e. buyer.)
    1. Approximate Transit Times: If products are in stock and are not being custom fabricated, standard transit time for Ground shipping is 3 to 5 business days on the East Coast and 5-8 days on the West Coast. Since inventories are not static, any delivery dates shown are approximate only and the Seller shall have no liability for any delays in delivery.
    2. Returned Goods: No material will be accepted without authorization and must be returned within 30 days of invoicing. All returns are subject to a 20% restock fee. Returns must be shipped prepaid. No collect shipments will be accepted. Custom made, custom cut products or non-stock items are not refundable.
    3. Damaged Goods and Shortages: Upon delivery the buyer should inspect and count articles before accepting shipment. Damages and shortages should be documented on the freight bill. If concealed damage is discovered after receipt of merchandise, a written request for inspection should be made to the delivering carrier. Be sure to retain all packaging. Claims for shortages, damage and concealed damage must be made without delay by the consignee with the delivering carrier. According to ICC regulations, filing claims with freight carriers is the responsibility of the consignee.
  1. Changes, Reschedules and Cancellations: Buyer may request to modify the designs or specifications for the items sold hereunder as well as the quantities and delivery dates thereof, or may request to cancel all or part of this order, however, no such requested modification or cancellation shall become part of the contract between Buyer and Seller unless accepted by Seller in a written amendment to this Agreement. Acceptance of any such requested modification or cancellation shall be at Seller’s discretion and shall be upon such terms and conditions as Seller may require.
  1. Special Tooling: A tooling charge may be imposed for any special tooling, including without limitation, dies, fixtures, molds and patterns, acquired to manufacture items sold pursuant to this contract. Such special tooling shall be and remain Seller’s property notwithstanding payment of any charges by Buyer. In no event will Buyer acquire any interest in apparatus belonging to Seller which is utilized in the manufacture of the items sold hereunder, even if such apparatus has been specially converted or adapted for such manufacture and notwithstanding any charges paid by Buyer. Unless otherwise agreed, Seller shall have the right to alter, discard or otherwise dispose of any special tooling or other property in its sole discretion at any time.
  2. Buyer’s Property: Any designs, tools, patterns, materials, drawings, confidential information or equipment furnished by Buyer or any other items which become Buyer’s property, may be considered obsolete and may be destroyed by Seller after two (2) consecutive years have elapsed without Buyer placing an order for the items which are manufactured using such property. Seller shall not be responsible for any loss or damage to such property while it is in Seller’s possession or control.
  3. Indemnity For Infringement of Intellectual Property Rights: Seller shall have no liability for infringement of any patents, trademarks, copyrights, trade dress, trade secrets or similar rights except as provided in this Part 10. Seller will defend and indemnify Buyer against allegations of infringement of U.S. patents, U.S. trademarks, copyrights, trade dress and trade secrets (hereinafter ‘Intellectual Property Rights’). Seller will defend at its expense and will pay the cost of any settlement or damages awarded in an action brought against Buyer based on an allegation that an item sold pursuant to this contract infringes the Intellectual Property Rights of a third party. Seller’s obligation to defend and indemnify Buyer is contingent on Buyer notifying Seller within ten (10) days after Buyer becomes aware of such allegations of infringement, and Seller having sole control over the defense of any allegations or actions including all negotiations for settlement or compromise. If an item sold hereunder is subject to a claim that it infringes the Intellectual Property Rights of a third party, Seller may, at its sole expense and option, procure for Buyer the right to continue using said item, replace or modify said item so as to make it non-infringing, or offer to accept return of said item and return the purchase price less a reasonable allowance for depreciation. Notwithstanding the foregoing, Seller shall have no liability for claims of infringement based on information provided by Buyer, or directed to items delivered hereunder for which the designs are specified in whole or part by Buyer, or infringements resulting from the modification, combination or use in a system of any item sold hereunder. The foregoing provisions of this Part 10 shall constitute Seller’s sole and exclusive liability and Buyer’s sole and exclusive remedy for infringement of Intellectual Property Rights. If a claim is based on information provided by Buyer or if the design for an item delivered hereunder is specified in whole or in part by Buyer, Buyer shall defend and indemnify Seller for all costs, expenses or judgments resulting from any claim that such item infringes any patent, trademark, copyright, trade dress, trade secret or any similar right. Intellectual Property. Any trademarks, trade Names, logos, and/or service marks displayed on this site are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner.
  4. Force Majeure: Seller does not assume the risk of and shall not be liable for delay or failure to perform any of Seller’s obligations by reason of circumstances beyond the reasonable control of Seller (hereinafter events of Force Majeure]. Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government or government agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages of materials and any other cause beyond Seller’s control.
  5. Entire Agreement/Governing Law: The terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by Seller in writing, shall constitute the entire Agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto. No actions arising out of the sale of the items sold hereunder or this Agreement may be brought by either party more than two (2) years after the cause of action accrues.
  6. Governing Law: This Agreement shall be governed in all respects by the internal laws of the State of New Jersey. Each of the parties to this Agreement irrevocably consent to the exclusive jurisdiction of the federal and state courts located in the State of New Jersey, as applicable for any matter arising out of or relating to this Agreement.
  7. Severability: If any portion of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii), the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
  8. Attorneys’ Fees: The prevailing party in any action to enforce or interpret the terms of this Agreement shall be entitled to its reasonable attorneys’ fees.
  9. Waiver: Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
  10. Damaged Goods and Shortages: Upon delivery the buyer should inspect and count articles before accepting shipment. Damages and shortages should be documented on the freight bill. If concealed damage is discovered after receipt of merchandise, a written request for inspection should be made to the delivering carrier. Be sure to retain all packaging. Claims for shortages, damage and concealed damage must be made without delay by the consignee with the delivering carrier. According to ICC regulations, filing claims with freight carriers is the responsibility of the consignee.
  11. Price Changes: Prices are subject to change without notice. Every effort will be made to announce price changes in advance. However, since we have no control over cost increases to us, we may be forced to increase prices without prior notice; in that case, the purchaser will be notified of the increased price before the order is filled.
  12. Quotations: Upon request, we will confirm a verbal price quotation in writing. Quotations remain firm for a period of 30 days unless otherwise specified. No verbal quotation is valid without our documented written quotation.
  13. Copyright Notice: Information on this website is subject to change without notice. Complying with all applicable copyright laws is the responsibility of the user. Without limiting the rights under copyright, no part of this website may be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means (electronic, mechanical. photocopying, recording, or otherwise), or for any purpose, without the express written permission of Robbins Rubber may have trademarks, copyrights, or other intellectual property rights covering subject matter in this website. Except as expressly provided in any written license agreement from Robbins Rubber, the furnishing of content from this website does not give you any license to these trademarks, copyrights, or other intellectual property. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. It is illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. The photographer is the owner of the copyright of a photograph or image. Unless otherwise clearly indicated, anything and everything seen or read on this site is copyrighted and may not be used or copied by you except as explicitly provided in this site, or by applicable law or otherwise without the express prior written consent of Robbins Rubber or the copyright owner. You may download and print images and text from this site only for your private, non-commercial use. Any other use requires the prior consent of Robbins Rubber.
  14. Content and Accuracy of Information: While Robbins Rubber takes reasonable steps to ensure that the information, images, text or links (the “Information”) contained in this site are accurate and complete, Robbins Rubber makes no representations or warranties as to the completeness or accuracy of the information. Robbins Rubber hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this site.
  15. Revisions and Updates: The information is provided by Robbins Rubber as a convenience and is subject to change without notice.

Privacy Policy

Introduction

At Robbins Rubber, we value our customers and are committed to protecting your privacy, as well as safeguarding the information we receive and maintain about you. We do not sell, share, or rent this information about you to others. We only share it as expressly allowed by law. Consequently, you do not need to notify us not to share information about you because we have chosen to limit this for you. This Privacy Policy will help you understand what information we collect, how we use it, and the ways we maintain your privacy and the security of personal information about you.

Robbins Rubber is an affiliate of Trico Gasket & Hose Inc.

Depending upon the type of transaction or relationship you have with us, we may collect the following types of information about you:

  • Demographic or identifying information (name, address, phone number and e-mail address)
  • Transactional information
  • Non-transactional information

This information is gathered from the following sources:

  • Current and previous transactions or experiences with us or our affiliates (purchases, request for quotation)
  • Current and previous transactions or experiences with other third parties
  • Our websites (from transactions, surveys, site navigation, cookies*, image tags**, or other technology used to remember information you enter on our websites or your navigation through our websites)***
  • Other third parties for marketing programs (demographic firms, direct marketing database firms, and inventory listing websites)
  • The following only applies to Website users: If any information we have about you is incorrect, we will gladly correct it. Simply Email us noting the incorrect information and we will correct

Robbins Rubber does not sell or share information about you to any other companies.

Third Party Service Providers

Rubber-Cal may share some or all of the information described above with third parties, including our affiliates, who perform services for us or act on our behalf. Examples include companies that send you information on our behalf about products and services, companies that process payments for us, and companies that perform analysis for us.

Unaffiliated Third Parties

Robbins Rubber does not sell, share, or rent the information described above with third parties unless it is allowed or required by law. For example, we may disclose information about you in connection with a fraud investigation, to comply with a subpoena or other legal process, or in connection with a merger or sale of all or part of our business. In the event of an extraordinary event—such as a bankruptcy— Robbins Rubber may have to share information about you outside of an exception allowed under the law.

The Security and Confidentiality of Information About You

Employees are only authorized to access personal information about you when it is necessary to perform their job duties. Our employees are trained to maintain the privacy and security of personal information about you in compliance with applicable regulations. We also maintain physical, electronic and procedural safeguards to protect personal information about you.

We may change this policy at any time and will notify you of changes as required by law.