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.