PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY. THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY USERS 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 SERVICES DESCRIBED IN SAYERS’ INVOICE OR OTHER SAYERS DOCUMENTATION, USER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS USER AND SAYERS HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
These terms and conditions of sale constitute the entire, binding contract between Sayers and its customers (each a “Customer”). Additional or different terms and conditions contained in any Customer purchase order will be null and void. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on the Website. Customer agrees that the terms and conditions of sale contained herein and in invoices or other documentation will control. No course of prior dealings between Sayers and Customer will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto. These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Website at the time Customer initially places or modifies an order will govern the order in question.
Orders are not binding upon Sayers until accepted by Sayers. Terms of payment are within Sayers’ sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. In the event of a payment default, Customer will be responsible for all of Sayers’ costs of collection, including court costs, filing fees and attorney’s fees.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN LAKE COUNTY, ILLINOIS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN LAKE COUNTY, ILLINOIS 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. Customer acknowledges and agrees that Sayers is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Sayers. In purchasing any products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, or any marketing materials describing the products that may be provided by Sayers.
SAYERS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF SAYERS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY. NEITHER SAYERS NOR ITS AFFILIATES WILL 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. NEITHER SAYERS NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY SAYERS OR ITS AFFILIATES, NEITHER SAYERS NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
SAYERS 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. Subject to manufacturer policies and procedures, Sayers may process a return of products purchased by Customers from Sayers. Customers may contact a Sayers customer service specialist via email at returns@Sayers.com, to determine whether a Return Merchandise Authorization (RMA), may be issued with respect to a particular purchase. Customers should contact a Sayers customer service specialist before shipping product back to Sayers. This will expedite and help ensure the proper action or credit upon processing. Customers should note that return privileges vary by manufacturer and all returns are subject to such policies and procedures.