Terms & Conditions

THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS AND/OR SERVICES DESCRIBED IN FOERTSCH HOLDINGS DBA RUGGED PLUS INVOICE OR OTHER FOERTSCH HOLDINGS DBA RUGGED PLUS DOCUMENTATION OR FOERTSCH HOLDINGS DBA RUGGED PLUS COMPANIES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.

These terms and conditions constitute a binding contract between you ("Customer") and Foertsch Holdings dba Rugged Plus. The customer accepts these terms and conditions of sale by making a purchase or placing an order on the Foertsch Holdings dba Rugged Plus (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

These terms and conditions of sale constitute the entire agreement between Customer and Foertsch Holdings dba Rugged Plus relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic record, which may be provided via a Web browser or e-mail application connected to the Internet.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in Foertsch Holdings dba Rugged Plus' invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.

1. Title and Risk of Loss

The Title to products and risk of loss or damage during shipment passes from Foertsch Holdings dba Rugged Plus to Customer upon receipt by Customer except as noted below. For shipments made during the seven calendar days preceding the end of each calendar quarter, title and risk of loss will pass to the customer upon delivery by Foertsch Holdings dba Rugged Plus to the carrier. For all orders shipped within this seven-day period, Foertsch Holdings dba Rugged Plus will obtain third-party insurance at its own expense and assist the Customer in filing any claims with the insurance company arising from loss or damage to the shipment during transit. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. Foertsch Holdings dba Rugged Plus retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

2. Warranties

Customer understands that Foertsch Holdings dba Rugged Plus are not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Foertsch Holdings dba Rugged Plus, excluding the Refurbished Toughbook line of products, in which case Rugged Plus will service the warranty purchased from the Refurbished Toughbook line. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by Foertsch Holdings dba Rugged Plus. FOERTSCH HOLDINGS DBA RUGGED PLUS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, RELATING TO PRODUCTS SOLD BY THIRD PARTIES OF FOERTSCH HOLDINGS DBA RUGGED PLUS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY.

 

3. Limited Warranty

 

Foertsch Holdings dba Rugged Plus warrants Goods to be in good working condition as to materials and workmanship for a period of one year (twelve months) from the date of Foertsch Holdings dba Rugged Plus invoice unless otherwise specified or by the manufacturer's own warranty policy. The LCD Screen on a computer may have (5) to (6) red, green, blue, bright or dark spots called "Dropped-Pixels" that often appear on LCD Screens. According to the specification from LCD Manufacturers, the existence of five or six "Dropped-Pixels" is permissible and has met the Manufacturer QA Standards. Therefore, in such an instance Foertsch Holdings dba Rugged Plus has no obligations to issue a replacement. Replacement Warranty may include a shipment of a similar Toughbook, in similar condition, in the event of your unit can’t be repaired and at the manufacture’s discretion, starting from the day your RMA Toughbook is delivered to us. A UPS Label is provided for repair shipments within the warranty period.   Touchscreen Panels are limited to 1 major replacement per 1 Year period. No repair or replacement shall extend any warranty. Return shipping costs for warranty, repair or replacement is not included for international orders.

The warranty for the Refurbished Toughbook line is serviced by Rugged Plus, all manufacturer defects are covered. Excluded is:

• All consumable items: such as screen protection films, logo badges, labels, cleaning cloths, carry cases, manuals, cables, straps, belts, holsters, tethers, and harnesses and any other options and accessories not listed above or covered under a separate warranty.
• Failures related to the product operating system, hard drive image, software setup, software program, virus, other program(s) or file(s) on the hard drive or in any computer memory location.
• Failures due to BIOS settings or changes, as well as any cosmetic or physical damage to the unit.
• Any unit or device with a missing or altered model number or serial number label
• Damage which occurs in shipment
• Failures which are caused by products not supplied by Panasonic.
• Failures which result from alteration, accident, misuse, introduction of liquid or other foreign matter into the unit, abuse, neglect, installation, maladjustment of consumer controls, improper maintenance or modification, use not in accordance with product use instructions
• Failures due to service by anyone other than a Rugged Plus
• Failures caused by improper integration by any company other than Panasonic or Rugged Plus.
• Damage, failure, or loss due to the unit being stolen, lost, misplaced, or used by anyone other than the original purchaser
• Damage that is attributable to acts of God
• Damage that is caused by normal wear and tear.
  
  RUGGED PLUS SHALL NOT BE LIABLE FOR LOSS OF DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE. 

4. 
   
   Limitation of Liability

NEITHER Foertsch Holdings dba Rugged Plus NOR WILL IT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTIES. NEITHER Foertsch Holdings dba Rugged Plus NOR WILL IT BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. 

Foertsch Holdings dba Rugged Plus will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Anticipated delivery dates are based upon manufacturer supplied information and are subject to change and therefore any shipping dates provided by Foertsch Holdings dba Rugged Plus are estimates only.

5. Pricing/Shipping

All pricing is subject to change. Foertsch Holdings dba Rugged Plus reserves the right to adjust pricing, products and service offerings for reasons including, but not limited to changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Foertsch Holdings dba Rugged Plus cannot guarantee that it will be able to fulfill Customer's orders. UPS is the only courier we use to ship our products. FedEx is available upon request at an added fee. Tracking is automatically sent and also available upon request. All shipments are traceable and we only ship using this type of method. The method of shipping selected is the number of transit days in which your package will take to deliver ONCE your order is shipped. Most items have a lead time. For Priority orders please contact us with your order number to inquire about the lead time. Default Shipping, Free Shipping and/or Promotional Free Shipping is UPS Ground service. If your upgraded shipping cost is refunded before your order ships, Free Shipping via UPS Ground is used to ship your order.   

6. Governing Law

THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT IN THE COUNTY OF NEW HAVEN, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF ANY ARBITRATION OR LITIGATION WILL BE BROUGHT IN NEW HAVEN COUNTY, CONNECTICUT AND CUSTOMER CONSENTS AND SUBMITS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN NEW HAVEN COUNTY, CONNECTICUT AND THEREFORE WAIVES THE RIGHT TO CHANGE VENUE.

7. Payment Options

Payment by an American Express, MasterCard, Discover, Visa or credit card is accepted with no surcharge. If you prefer to pay by check, call a Sales Rep to process your order and direct your payment. Please allow 10 business days for company and personal checks to clear. We accept wire transfers. Purchase Orders are accepted for corporate, educational and government orders. All checks or Purchase Orders must include a contact person and phone number in order to be processed. A $35.00 administration fee will be charged on all returned checks. Applicable sales tax will be added to CONNECTICUT orders. Canadian orders will be charged GST. Failure to pay may result in your account being reported to a Collection House/Agency. Foertsch Holdings dba Rugged Plus or Rugged Plus is not responsible for the fees involved with the collection process. The fees are the sole responsibility of the debtor, ranging from 35-50% of the total amount due PLUS any other fees deemed necessary to collect the debt. In all cases Foertsch Holdings dba Rugged Plus or Rugged Plus makes every possible effort to collect the amount due before reporting the debtor to a Collection House/Agency including phone calls, certified letters and electronic mail (email). At no time is a debt ever forgiven, withdrawn, removed or zeroed out. The debt is always presumed due until the debt is paid in full. Certified payment options are available if the entire amount (including fees) can not be paid at once in full. 

8. Return Policy

All products are covered by the manufacturer’s warranty against defects. Please be sure to ask your Sales Rep about our extended support contract and specific return conditions before your purchase.

Unopened product: All Authorized returns after the invoice date will be subject to a minimum 15% restocking fee. A minimum 35% restocking fee will be charged if the product has been opened. 15% if the item is from our Refurbished Toughbook line. All sales are final after 14 Days. Please note: the complete line of new Panasonic devices are non-refundable/non-returnable from the point of delivery. Per manufacturer guidelines, once delivered, the item is no longer returnable.

No returns/repairs will be accepted without a Return Authorization Number. 

All products must be received within 10 days of receiving a Return Authorization Number. Items received after 10 days will be refused. 

All Return Authorization Numbers must appear on the shipping label(s). PLEASE DO NOT MARK ON THE OUTSIDE OF THE BOX. All items must be returned with original packaging, including all warranty cards, manuals, cables, accessories, components, etc. PLEASE NOTE: When returning product, we require you to use a shipping method that allows Foertsch Holdings dba Rugged Plus to track the package.

Replacement product orders will not be shipped until the original item is received and inspected. Once the item has been confirmed defective, the replacement will be shipped. If the defective item is being returned for credit, the credit will not be issued until the item has been inspected and confirmed defective. We can however, ship new product with a secure payment and issue credit once the returned product has been processed.

Software: All software is not returnable.

Promotional "No Hassle Returns" is for Refurbished Toughbook’s only. Does not include accessories or software. All other restrictions apply.

Shipping and handling charges are not refundable. The customer is responsible for all shipping charges and insurance on all return shipments.

Any deviation from the return policy outlined above will result in a delay of your refund, additional restocking fees, or refusal of your return.

 

9. RMA Terms and Conditions
   
   
   

1) Customer initiates the RMA by sending Rugged Plus the fully completed request for Return of Merchandise Authorization form via our online form found here: 

1. a) Authorizing the credit card charge for the Diagnostic Fee, (if needed) or
2. b) Issuing a facsimile check for the Diagnostic Fee, (if needed) or
3. c) Ensuring payment of the Diagnostic Fee through a mutually agreeable mechanism.

2) Following receipt of payment assurance (if needed), Rugged Plus will issue Customer a RMA Number and/or prepaid UPS Return Label. This number is active for a period of thirty (10) days from issuance and must be displayed on the outside of all packages returned to Rugged Plus.

3) Customer must use a fair size box, packed securely, and send the laptop to Rugged Plus at the address as stated on the most current revision of the Rugged Plus RMA Warranty Request Form or by using the provided UPS Return Label.

4) Customer is responsible for any and all damage to the merchandise that occurs in transit. Shipment shall be C.I.F. (Customer bearing all Costs,

Insurance and Freight);

5) Rugged Plus will evaluate the laptop to determine if any repairs are necessary to make the laptop operable.

6) Upon completion of the evaluation, Rugged Plus will contact the Customer either through e-mail or phone with the results of the evaluation and estimate of any costs of repair if not covered by warranty.

7) A signature is required on all packages shipped back to the Customer. UPS is Rugged Plus preferred shipper. If Customer is unavailable to receive package, UPS will attempt 2 additional deliveries. After 3 failed attempts for delivery, the RMA package will be returned to Rugged Plus and made available for the Customer to arrange a redelivery at the cost of $35. Refusing to take delivery of a package does not constitute a refund as per our Return Policy stated here above in Section 8 titled “Return Policy”. Rugged Plus is not responsible for lost or stolen packages.

8) Customer may authorize the repairs as well as ensuring payment for such repairs or Customer may elect to have the unit returned without any repairs. Rugged Plus shall be under no obligation to perform any repairs without prior authorization and assurance of payment.

9) If repairs are necessary and authorized, Rugged Plus shall complete the repairs and return the merchandise to the Customer at the Customer’s expense. 

 

10. Acceptance Terms

The following are terms of a legal agreement between you and Foertsch Holdings dba Rugged Plus (hereinafter referred to as “Foertsch Holdings dba Rugged Plus”). By accessing, browsing and/or using this site ("Rugged Plus.com"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use Rugged Plus.com. The material provided on Rugged Plus.com is protected by law, including, but not limited to, United States Copyright Law and international treaties. Rugged Plus.com is controlled and operated by Foertsch Holdings dba Rugged Plus from its offices within the United States. Foertsch Holdings dba Rugged Plus makes no representation that materials on Rugged Plus.com are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access Rugged Plus.com from other locations do so on their own initiative and are responsible for compliance with applicable local laws. 

Any claim relating to, and the use of, Rugged Plus.com and the materials contained herein is governed by the laws of the state of CONNECTICUT in the County of NEW HAVEN.

 

11. Use Restrictions

The copyright in all material provided on Rugged Plus.com is held by Foertsch Holdings dba Rugged Plus or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Foertsch Holdings dba Rugged Plus or the copyright owner. Permission is granted to display, copy, distribute and download the materials on Rugged Plus.com for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Foertsch Holdings dba Rugged Plus permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on Rugged Plus.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

12. U.S. Government Restricted Rights

The materials on Rugged Plus.com are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Foertsch Holdings dba Rugged Plus proprietary rights in them. Any questions concerning the use of Trademarks should be referred to Foertsch Holdings dba Rugged Plus at info@RuggedPlus.com.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FOERTSCH HOLDINGS DBA RUGGED PLUS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON RUGGED PLUS.COM, EVEN IF FOERTSCH HOLDINGS DBA RUGGED PLUS OR A FOERTSCH HOLDINGS DBA RUGGED PLUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. Our Transmissions

Any material, information, or idea you transmit to or post on Rugged Plus.com by any means will be treated as non-confidential and non-proprietary and may be distributed or used by Foertsch Holdings dba Rugged Plus or for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personal data provided to Foertsch Holdings dba Rugged Plus will be handled in accordance with Foertsch Holdings dba Rugged Plus Online Privacy Statement. You are prohibited from posting or transmitting to or from Rugged Plus.com any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

15. Term of Use Revisions

Foertsch Holdings dba Rugged Plus may at any time revise these Terms of Use by updating this posting. By using Rugged Plus.com, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

 

 

Rugged Plus is owned and operated by Foertsch Holdings dba Rugged Plus. Foertsch Holdings dba Rugged Plus. assumes responsibility for its companies according to the above terms & conditions and privacy policies also located on www.RuggedPlus.com. Contact us at info@RuggedPlus.com.