PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
These terms and conditions of sale constitute a binding contract between you/your business (hereinafter "Customer") and Commercial Hardware Supply, LLC (hereinafter "CHS").
BY UTILIZING THIS WEBSITE AND/OR BY MAKING A PURCHASE, PLACING AN ORDER OR OTHERWISE SHOPPING FROM CHS OR VIA CHS'S WEBSITE, OR BY ACCEPTING DELIVERY OF ANY PRODUCT OR SERVICE FROM CHS, YOU ARE AGREEING TO ACCEPT, ABIDE AND BE GOVERENED BY THESE TERMS AND POLICIES. IF YOU DO NOT AGREE TO THE POLICIES OUTLINED BELOW, PLEASE DISCONTINUE USE OF THIS 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 LATTER OF, THE TIME THE CUSTOMER PLACES AN ORDER OR THE TIME CUSTOMER MODIFIES AN ORDER, WILL GOVERN THE ORDER IN QUESTION.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN, AND THESE TERMS AND CONDITIONS OF SALE AND THE DOCUMENTS INCORPORATED HEREIN BY REFERENCE CONSTITUE THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND CHS. 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. THESE TERMS MAY NOT BE ALTERED BY THE CUSTOMER UNLESS THE CUSTOMER OBTAINS A VALID AND SEPARATE WRITTEN AGREEMENT, REFERENCING THESE TERMS, THAT IS SIGNED BY AN AUTHORIZED MEMBER OF COMMERCIAL HARDWARE SUPPLY, LLC.
ALL POLICIES INCORPORATED INTO COMMERCIAL HARDWARE SUPPLY'S WEBSITE AND ALL POLICIES INCLUDED ON CHS'S INVOICES AND/OR RECEIPTS ARE HEREBY INCORPORATED BY REFERENCE INTO THIS CUSTOMER AGREEMENT, AN SHALL HAVE THE SAME EFFECT AS IF THEY WERE SET FORTH VERBATIM HEREIN. IF YOU NEED HELP LOCATING ANY OF CHS'S POLICIES, OR NEED A COPY OF CHS'S INVOICE AND/OR RECEIPT, PLEASE CONTACT US AT firstname.lastname@example.org FOR A WRITTEN COPY BEFORE CONTINUING WITH YOUR PURCHASE.
Electronic Records: By placing an order via CHS, Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting CHS at email@example.com
Purchase Orders: Customer may issue a purchase order for administrative purposes only. Customer and CHS agree, however, that any terms contained within such purchase order differ from and/or add to the conditions contained herein are null and void, and the terms and conditions of sale contained herein and/or in any document incorportated by reference herein,including CHS's invoice, shall control.
Prior Dealings: Further, no course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning any of the terms and conditions of sale or any purchase order or invoice related thereto.
Governing Law: THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF KENTUCKY, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN JEFFERSON COUNTY, KENTUCKY AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE APPROPRIATE FEDERAL OR STATE COURT LOCATED IN JEFFERSON COUNTY, KENTUCKY AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Election of Arbitration: CHS may elect, at its sole discretion, to resolve any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or CHS's advertising and marketing (collectively, a “Claim”), EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The Customer agrees that if arbitration is chosen by CHS, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Jefferson County, Kentucky. The Customer further agrees, purchasing from and/or using the services and/or website of CHS, that if arbitration is chosen by CHS with respect to a Claim, the Customer waives his/her/its rights, without limitation, to litigate that claim, and any claim which must or could be brought, in court, and furhter and specifically waive his/her/its rights to have a jury trial on said claim(s). Customer further waives his/her/its righst to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, customer specifically waives his/her/its have the right to participate as a representative or member of any class of claimants pertaining to any claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Jefferson County, Kentucky. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Should the language regarding arbitration set forth herein be voided, eliminated, or otherwise deemed unenforceable, in whole or in part, the remaining language of this agreement shall remain in full force.
Nothing contained within the above Arbitration language shall limite CHS's rights to litigate any matter in court, should it so choose, and notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Commercial Hardware Supply, LLC arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Representaions Regarding Products, Typographical Errors, Errors in Product Descriptions/Attributes: Commercial Hardware Supply is NOT responsible for typographical errors contained within these policies.
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 CHS or its affiliates. If you have questions regarding the dimensions, appropriate use, or other attributes of any product listed hereon, Commercial Hardware will be glad to help guide you to the appropriate resource, however, it is your responsiblity to determine whether the product you are purchasing is appropriate for your needs.
Price Changes: All prices are subject to change without notice, as are shipping and handling costs. CHS reserves the right to make adjustments to 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. The current price may not yet be reflected on CHS's site. Please check your invoice and NOTIFY CHS IMMEDIATELY IF YOU DO NOT BELIEVE THE PRICE YOU HAVE BEEN CHARGED IS CORRECT. REFUNDS WILL NOT BE MADE FOR THIS REASON AFTER THE ORDER HAS BEEN PLACED WITH THE MANUFACTURER.
Product Availability: All orders are subject to product availability. Therefore, CHS cannot guarantee that it will be able to fulfill customer’s orders.
Warranties: Customer understands that CHS is not the manufacturer of the products purchased by customer hereunder and THE ONLY WARRANTIES OFFERED ARE THOSE OF THE MANUFACTURER, IF OFFERED, AND NOT CHS.
CHS, ITS MEMBERS AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF CHS, 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, IF ANY.
Internet Disclaimer: Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.
ADDITIONAL LIMITATIONS OF LIABILITY:
NEITHER COMMERCIAL HARDWARE SUPPLY, LLC NOR ITS AFFILIATES WILL 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 PARTY. NEITHER COMMERCIAL HARDWARE SUPPLY, LLC NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY COMMERCIAL HARDWARE SUPPLY, LLC OR ITS AFFILIATES, NEITHER COMMERCIAL HARDWARE SUPPLY, LLC NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (B) $500.00
SHIPPING DATES PROVIDED BY CHS, IF ANY, ARE ESTIMATES ONLY. Commercial Hardware Supply, LLC and/or its affiliates, members or associates 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.
Third Party Services: Customer acknowledges and agrees that CHS and its affiliates are resellers of goods and services and are not the manufacturer or those goods nor the provider of those services. In those cases, the third party service provider is the ONLY party responsible for providing services to customer. This includes services related to any warranty offered by the manufacturer. In those cases, customer will look SOLELYto the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services.
By using this site and/or by purchasing and/or accepting delivery of any product via CHS or its website, Customer hereby releases CHS, its members and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers.
In connection with the above-mentioned services, neither affiliates of CHS, nor third party service providers are agents of CHS and CHS. has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers
Orders; Payment Terms; Interest; Taxes
ORDERS ARE NOT BINDING UPON CHS UNTIL ACCEPTED BY CHS.
Terms of payment are within CHS's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. CHS may invoice customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold CHS harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by CHS net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide CHS with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, customer will be responsible for all of CHS costs of collection, including court costs, filing fees and attorney’s fees. In the event that CHS elects to utilize in-house counsel to pursue collections, Customer agrees to reimburse CHS at said counsel's regular rate, not to exceed $250/hr, in addition to all other costs and fees of collections, to the extent allowed by applicable law.
• Please contact CHS's customer relations at 877-366-7362 or via email at firstname.lastname@example.org to obtain a Return Merchandise Authorization (RMA) before shipping product back to CHS. This will expedite and help ensure the proper action or credit upon processing.
• In order to expedite a return, please have the following information on hand when requesting an RGA number: customer number, invoice number, serial number, reason for return, action to take (replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed.
• Please return all products 100% complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RGA approval is contingent upon, among other things, the products being 100% complete.
• Customer is responsible for shipping charges to CHS's distribution center as indicated on the RGA for all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by CHS to customer, at CHS’s expense, using the same shipping method as was used by customer to ship the original products back to CHS. If the carrier selected by customer is not used by CHS, a comparable shipping method will be selected.
• Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or Airborne Express. This is for your protection as well as to ensure quick action on your return.
• Return privileges vary by manufacturer. Please contact CHS's customer relations at email@example.com for details.
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.
If customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify CHS. immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify CHS's customer relations at firstname.lastname@example.org of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for CHS to file a damage claim, and NO CLAIMS FOR REFUND WILL BE PROCESSED IF NOTICE IS NOT DIRECTED TO email@example.com WITHIN 10 DAYS OF THE DATE ON WHICH THE PRODUCT IS DELIVERED TO CUSTOMER.