| SECURITY AND PRIVACY
Privacy is important to us. Any personal
information will be kept for our use, only shared with those
required to process your order
or as required by law.
Some information
is required in order to process your transaction, such as name,
billing address, shipping
address and phone numbers, and when appropriate your credit
card number and expiration date. An Email address is used to
send
conformation of the transaction.
All transactions
are made on a secure site. Credit Card transactions are processed
by
Cybersource.
For further information
or questions, please contact us at 708-343-8311 or Email us
at info@chicagoclampcompany.com Cookies
are required to process your online transaction.
TERMS
AND CONDITIONS
The order on the Product
Order Agreement is subject to the following:
1. Definitions.
The term “Seller” shall mean Chicago
Clamp Company or its selling agent acting on behalf of Seller,
or any other capacity. The term “Customer” shall
mean the entity purchasing the Products described on the Product
Order
Agreement from Seller. 2. Other Terms. No conditions, terms
or provisions contained in any Customer’s purchase order
or any in any other Customer document submitted by Customer
to Seller, except
this original
Product Order Agreement, shall have any validity or effect.
3.
Payment. Payment shall be due upon Customer’s receipt
of invoice. If Customer’s payment is past due for more
than ten days, Customer shall pay interest of 18% or the highest
rate
permitted by law, plus any and all collection costs incurred
by Seller, including Seller’s reasonable attorney fees.
4. Prices. Prices shall be firm for a
period of thirty days from the date a quote was provided, if
any, to Customer. Prices
may be changed by Seller at any time thereafter.There
are no returns, exchanges or refunds unless
Seller has provided Customer with prior written authorization
for same. In such event there
is a 20% restocking charge and Customer is responsible for all
applicable shipping charges.All prices and transactions
are in U.S. dollars.
5. Inspection & Audit. All Products
furnished under this Product Order Agreement are subject to
inspection
within 30 days
of delivery at Customer’s plant. As soon as Customer
discovers that any of the Products furnished hereunder are
nonconforming
to the Limited Warranty below, Customer must notify Seller
of same, in writing within the thirty day period.
6. LIMITED
WARRANTY. Seller represents and warrants that, when
delivered, the Products will be free from defects in materials
and workmanship, other than defects which fall within agreed
tolerances. Seller’s only obligation and Customer’s
only remedy if Products are not conforming to this Limited
Warranty is to have Seller repair or replace, at Seller’s
sole discretion, such nonconforming Product(s). Seller will
not be liable under
any circumstances where: (1) the claimed damages result from
(a) negligent installation, (b) rust or outside corrosion
occurring subsequent to Product delivery, (c) use of Product
components
other than those provided by Seller, or (d) any abuse or
neglect of the Products; or (2) Customer or a third party
fails to
properly utilize the services of a structural engineer. SELLER
MAKES NO
OTHER WARRANTIES WITH RESPECT TO THE QUALITY OR PERFORMANCE
OF THE PRODUCTS OR THE COMPATIBILITY OF THE PRODUCTS FOR
CUSTOMER. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WHICH ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS PRODUCT
ORDER
AGREEMENT.
IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER UNDER ANY
CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES
(INCLUDING LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES,
GOOD WILL, DOWNTIME, INTERRUPTION OF BUSINESS) RESULTING
FROM OR ARISING
OUT OF: A) NEGLIGENCE, B) ANY BREACH BY SELLER OF THIS PRODUCT
ORDER AGREEMENT OR ANY DUTIES, OBLIGATIONS, OR RESPONSIBILITIES HEREUNDER
OR C) THE DELIVERY, PERFORMANCE, OR USE OF THE PRODUCTS, EVEN IF
SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Shipping
and Packaging. All Products shall be shipped FOB Seller’s
warehouse
Broadview, IL. All Products shall be packed by Seller in suitable containers
for protection to permit safe transportation and handling. Customer shall bear
the risk of loss for the Products during shipment. See attached SHIPPING
TERMS AND CONDITIONS.
8. Assignment. Customer may not assign
this order without prior written consent of Seller.
9. Changes.
Customer may not revise or otherwise change this Product
Order Agreement after submitting same to Seller, without
Seller’s expressed written consent.
10. Indemnification.
To the fullest extent permitted by law, Customer shall fully
protect, indemnify, and hold Seller, its
officers and employees, harmless
from
and against any and all claims, demands, damages, liens, liabilities,
attorney fees, losses and expenses, and/or causes of action
of any kind whatsoever,
arising from or related to the Products sold by Seller pursuant to this
Product Order
Agreement.
11. Termination for Default. Either party
may terminate this Product Order Agreement for a material breach
by the other
party, provided the
non-breaching
party gives
not less than 30 days’ prior written notice to the breaching
party and the breaching party fails to cure or otherwise address the
breach
to the reasonable
satisfaction of the non-breaching party during this 30-day notice period.
12. Governing Law and Venue. This Product
Order Agreement shall be governed by the local laws of the
State of Illinois. Any litigation
commenced
by either party
arising out of or related to this Product Order Agreement shall be
brought exclusively in the appropriate Illinois state court situated
in DuPage
County located in
Wheaton, IL or the federal court situated in the Northern District
of Illinois located in Chicago, IL.
13. Waiver. Any waiver of strict
compliance with the terms hereof by either party shall not
constitute a waiver of such party’s right to insist
upon strict compliance with the terms of this Product Order
Agreement
hereafter.
14. Taxes. Customer shall be liable for
any and all federal, state or local taxes related to this Product
Order Agreement.
15. Performance. Seller’s performance
will be excused upon and during continuation of any event,
condition or occurrence beyond Supplier’s reasonable
control, including but not limited to fire, flood, storm,
acts of God, war, civil insurrection,
acts of terrorism, labor disturbances and lack of transportation
services, utilities or supplies.
16. Entire Agreement.
This Product Order Agreement is the entire agreement
between the parties related to the
purchase of the
Products by Customer
from Seller and
may only be amended by a writing signed by an authorized
officer of Seller.
SHIPPING TERMS AND CONDITIONS
All shipping charges must be
paid before items are shipped. Any additional fees incurred will
be the sole responsibility of Customer.
Most orders are processed within
48 hours and shipped within two weeks. Usual shipping time is 7-10
days from time Customer’s order leaves the Seller’s
warehouse. All shipping travel times are approximate and not guaranteed,
unless specifically stated in writing together with additional
fee.
In the event that Customer must
return Product for any reason, it is the responsibility of Customer
to schedule and return items
to original shipping location.
If Customer receives incorrect
Product, the Product must be returned in its original packaging
within 30 days of original delivery
and the Customer will be reimbursed for returned shipping charges.
Refunds will be awarded within 5 business days of receipt of
returned
merchandise.
All claims for Product(s) lost,
stolen, or damaged in transit must be made against the transportation
company and
not the
Seller.
If any items are damaged, contact
Seller. Customer must retain damaged items and allow them to be
inspected by the
shipping
company. If Customer refuses, Seller will be unable to
submit claims, replace
the damaged items, or reimburse Customer for costs.
All
claims for missing items must be made within 3 days after receipt
of goods. Seller must be notified of any
concealed
damages seen
after delivery within 30 days of original delivery. Seller
will not honor any complaints on visible defects after
the Product
has been cut or installed.
Special
Freight Shipping Policies:
All previously stated SHIPPING
TERMS AND CONDITIONS also apply to Freight shipments.
All deliveries,
unless otherwise noted, require a loading dock. Items will not
be taken into buildings. If Customer requests inside
delivery and inside delivery is available, an additional fee
will be charged, to be paid by Customer.
Someone must be present
to accept delivery. This person must check the outside of the
carton for proper quantity and correct
item
numbers before signing for the order.
If upon delivery there
is damage to Product, a note must be made of each damaged container
or item on the driver’s bill of
lading. Failure to note visible damage or missing items on
the driver’s bill of lading or refusing to allow the damaged
item(s) to be inspected by the freight company for any reason,
will make Seller unable to file a claim against the carrier
and Customer will be responsible for any additional stocking or
shipping
costs. |