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Terms of Sale
We are the most reasonable, accommodating people you’ll ever do business with, but…. Here’s the Legal Stuff.
Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH D. Lawless Wholesale (dlawlesshardware.com), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information about This Legal Contract
This Sale Agreement is a legal contract between the Customer and dlawlesshardware.com. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to " dlawlesshardware.com " shall relate to D. Lawless Wholesale dba dlawlesshardware.com.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and dlawlesshardware.com relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by an authorized agent of dlawlesshardware.com. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting dlawlesshardware.com at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN RICHLAND COUNTY, ILLINOIS FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title: Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by dlawlesshardware.com is dlawlesshardware.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
dlawlesshardware.com hereby expressly disclaims all warranties either expressed or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose This disclaimer by dlawlesshardware.com in no way affects the terms of the manufacturers warranty, if any.
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Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, dlawlesshardware.com reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. If an item has been discontinued by the manufacturer, D. Lawless Wholesale reserves the right to ship a replacement item without notice to the consumer, provided there is no price difference, and the specifications on the replacement item is equal to or greater than the original item ordered. There are no guarantees, express or implied, that finishes, colors, or other qualities of product will be consistent from one shipment to the next. While dlawlesshardware.com uses reasonable efforts to include accurate and up-to-date information on the Site, D. Lawless Wholesale makes no warranties or representations as to the Site's accuracy. Dlawlesshardware.com assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
D. Lawless Wholesale WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Dlawlesshardware.com WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST TIME, WAGES OR MATERIALS. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, DLAWLESSHARDWARE.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), D. Lawless Wholesale, advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Olney, Illinois. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration
Retail Customers :
Prices on Dlawlesshardware.com are applicable only for purchases online. Prices in our wholesale and retail location are not associated with our prices on our web site, and are subject to the pricing policies established in the physical store.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon dlawlesshardware.com until accepted by dlawlesshardware.com. Terms of payment are within dlawlesshardware.com’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Dlawlesshardware.com may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
If you need to cancel or make a change to your order, please call us immediately at 1-618-395-3945. Emailing is not effective for this purpose, as your order may ship before we can respond to your email. Once an order is shipped, the customer is responsible for shipping charges, forwarding and return. See our full RETURN POLICY for details regarding returns and obtaining an RMA NUMBER.
All orders will be shipped via ground transportation unless otherwise stated in an online order, within the 48 continental states, and will include shipping, handling and insurance charges. Shipping and handling charges on all other orders vary; contact your dlawlesshardware.com account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. In some circumstances, international shipping may be available. For international shipments, please be advised that it is the Customer's responsibility for all taxes, duties, custom charges and fees to be paid. D. Lawless Wholesale does not have any obligation for these fees. Dlawlesshardware.com also does not have the responsibility to maintain custom tables for any individual country, It is the customer's obligation to be aware of custom charges from their own country. Any refusal of shipment due to non payment of customs taxes, duties, or charges will necessitate a chargeback in shipping charges to a customer’s credit card. Call for details.
Damaged and Defective items Policy
Dlawlesshardware.com will gladly accept damaged or defective merchandise for exchange of same merchandise within 14 days of your receipt. Return shipping of damaged or defective merchandise to D. Lawless is solely the responsibility of the customer. Defective merchandise is covered under the manufacturer's warranty after 14 days. Damaged merchandise in transit is handled through Dlawlesshardware.com's Customer Service. The shipping portion of the invoice will be refunded when the claim with UPS or the designated freight carrier for the shipment is settled. It is the responsibility of the customer to contact Dlawlesshardware.com’s Customer Service to initiate a claim. Failure to follow instructions regarding the claim can and will nullify any reimbursement of shipping fees, and delay any exchange of merchandise by D. Lawless.
If you wish to return your online purchase: First, please call our Customer Service Department at 1-618-395-3945 to obtain a Return Authorization Number. Packages will not be accepted without this RMA number and will be returned to you via the designated carrier. Please make sure you can trace the returned package with a carrier. Once we receive your package, we will promptly exchange or refund as you instruct. Our return address is:
D. Lawless Hardware
1707 East Main Street
Olney, IL 62450
All returned merchandise will be deemed new and in original condition if all packaging is intact and unopened. Proof of purchase, such as a copy of the original sales receipt or packing slip invoice, is required for reimbursement of the full purchase price. Returned merchandise is subject to a minimum $15.00 or a 20% restocking fee. When no proof of purchase is available, we refund the most recent price charged for items returned to us.
Shipping, handling, and insurance charges are not refundable for any returns of product to D. Lawless. If the merchandise is damaged, please make the notation on the delivery manifest, and have the person delivering the merchandise sign as a witness to the damages.
If you refuse an order that is not damaged, you are responsible for the shipping, handling, and insurance charges on the round trip delivery for the order. Understand that a refund will be issued to you minus these charges. PLEASE SEE “SHIPPING, TAX, RETURNS, SAMPLES” FOR FRIENDLY DETAILS.
You can contact DLAWLESSHARDWARE.COM with any questions or concerns at 1-618-395-3945 or at firstname.lastname@example.org, or fax at 1-618-395-3946.
Customer service hours are Monday through Friday, from 9 AM to 5 PM Central Time. Our mailing address is:
D. Lawless Wholesale
1707 East Main Street
Olney, Illinois, 62450
Limited 14-Day Warranty. All items, except those sold as close-outs, as-is, or otherwise described as defective, are warrantied for fourteen (14) days from date of shipment. To the best of our knowledge, all items are genuine, authentic and of consistent high quality and value unless otherwise noted. Our warranty provides coverage for defects in manufacturing only and expressly excludes coverage for excessive wear and tear and/or physical/accidental abuse, loss and theft. Our warranty is valid only at D. Lawless Hardware. Improper repair or warranty service performed by someone other than D. Lawless will void this warranty. D. Lawless Wholesale DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF WRITTEN OR IMPLIED WARRANTY OF THIS ITEM, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. Our warranty is valid only in the U.S.A. For additional information on how to obtain warranty service, please contact our Customer Service Department at 1-618-395-3945.
Check payment policy
Dlawlesshardware.com does not accept COD Orders. Personal and business checks will be accepted only after allowing three (3) weeks to clear the consumer’s bank. Dlawlesshardware.com will accept Credit Cards as the recommended form of payment. Dlawlesshardware.com will accept certified checks and money orders. Wire Transfers are also acceptable. Call Customer Service for more detailed information.
Credit card charges are not submitted until time of shipment. Dlawlesshardware.com does not apply any surcharge for credit cards.
Third-Party Web Beacons: We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo!, click here.
copyright Jan 20, 2001 D. Lawless Wholesale