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.
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.
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.