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Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

Not responsible for typographical errors. Prices subject to change without notice.

THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. 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.

BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN ABS’S INVOICE OR OTHER ABS DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND ABS HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

Important Information about Terms and Conditions of Sale. These terms and conditions of sale constitute a binding contract between you ("customer") and www.absupply.net / Architectural Builders Supply Inc. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on www.absupply.net / Architectural Builders Supply Inc's website (the "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 time customer initially places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between customer and www.absupply.net / Architectural Builders Supply Inc. relating to the terms and conditions of sale of products and services on the site. 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 www.absupply.net / Architectural Builders Supply Inc. at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in www.absupply.net / Architectural Builders Supply Inc’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these 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 ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN COOK COUNTY, ILLINOIS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN COOK 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.

Title; Risk of Loss
If customer provides www.absupply.net / Architectural Builders Supply Inc. with customer’s carrier account number or selects a carrier other than a carrier that regularly ships for www.absupply.net / Architectural Builders Supply Inc., title to products and risk of loss or damage during shipment passes from www.absupply.net / Architectural Builders Supply Inc. to customer upon shipment from www.absupply.net / Architectural Builders Supply Inc’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from www.absupply.net / Architectural Builders Supply Inc. to customer upon receipt by customer. www.absupply.net / Architectural Builders Supply Inc. retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Warranties
Customer understands that www.absupply.net / Architectural Builders Supply Inc. is not the manufacturer of the products purchased by customer hereunder and the only warranties offered are those of the manufacturer, not www.absupply.net / Architectural Builders Supply Inc. 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 www.absupply.net / Architectural Builders Supply Inc. or its affiliates. In connection with services, neither affiliates of www.absupply.net / Architectural Builders Supply Inc. nor third party service providers are agents of www.absupply.net / Architectural Builders Supply Inc. and www.absupply.net / Architectural Builders Supply Inc. has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
 www.absupply.net / Architectural Builders Supply Inc. 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 ABS, 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.

Pricing Information; Availability Disclaimer
All pricing is subject to change. www.absupply.net / Architectural Builders Supply Inc. 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. All orders are subject to product availability. Therefore, www.absupply.net / Architectural Builders Supply Inc. cannot guarantee that it will be able to fulfill customer’s orders.

Limitation of Liability
NEITHER ABS 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 www.absupply.net / Architectural Builders Supply Inc. 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 ABS OR ITS AFFILIATES, NEITHER ABS 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
www.absupply.net / Architectural Builders Supply Inc. 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. Any shipping dates provided by www.absupply.net / Architectural Builders Supply Inc. are estimates only.

Third Party Services
Customer acknowledges and agrees that, in some instances, www.absupply.net / Architectural Builders Supply Inc. 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. In those cases, customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases www.absupply.net / Architectural Builders Supply Inc. 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. Services may be subject to tax.

Arbitration
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 www.absupply.net / Architectural Builders Supply Inc.'s advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF ABS, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Cook County, Illinois. If arbitration is chosen by any party with respect to a Claim, neither www.absupply.net / Architectural Builders Supply Inc. nor customer will have the right to litigate that claim in court or to have a jury trial on that claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, customer will not 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 Cook County, Illinois. 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. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to ABS arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon www.absupply.net / Architectural Builders Supply Inc. until accepted by www.absupply.net / Architectural Builders Supply Inc.  Terms of payment are within www.absupply.net / Architectural Builders Supply Inc's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. www.absupply.net / Architectural Builders Supply Inc. 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 www.absupply.net / Architectural Builders Supply Inc. harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by www.absupply.net / Architectural Builders Supply Inc.'s 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 www.absupply.net / Architectural Builders Supply Inc. 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 www.absupply.net / Architectural Builders Supply Inc’s costs of collection, including court costs, filing fees and attorney’s fees.
Return Privileges
• Please contact www.absupply.net / Architectural Builders Supply Inc. customer relations at 877-631-9411 or via email at [email protected] to obtain a Return Merchandise Authorization (RMA) before shipping product back to www.absupply.net / Architectural Builders Supply Inc.  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 www.absupply.net / Architectural Builders Supply Inc’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 www.absupply.net / Architectural Builders Supply Inc. to customer, at www.absupply.net / Architectural Builders Supply Inc’s expense, using the same shipping method as was used by customer to ship the original products back to www.absupply.net / Architectural Builders Supply Inc.  If the carrier selected by customer is not used by www.absupply.net / Architectural Builders Supply, 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 www.absupply.net / Architectural Builders Supply Inc. customer relations at [email protected] for details.
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.

Damaged Products
FOB Point:
All sales are FOB Shipping point unless quoted otherwise.
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 www.absupply.net / Architectural Builders Supply Inc. immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify www.absupply.net / Architectural Builders Supply Inc. customer relations at [email protected] of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for www.absupply.net / Architectural Builders Supply Inc. to file a damage claim.

Check Payment Policy
www.absupply.net / Architectural Builders Supply Inc. will accept a cashiers check or money order on all COD orders. www.absupply.net / Architectural Builders Supply Inc. will accept personal or business checks at our corporate address, subject to verification. www.absupply.net / Architectural Builders Supply Inc. will accept personal and business checks for prepay orders. Allow 10 business days for clearing




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