Terms and Conditions
[Shipping and Sales Tax]
[Payment Methods]
[Terms and Conditions]
These terms and conditions ("Agreement") apply to
your purchase from Orr & Orr ("us"). By accepting
delivery of the product, you accept and are bound to
the terms and conditions of this Agreement.
ORDERING: Please use our stock numbers to assure
receiving the proper merchandise. If you wish to have
an open account, please contact us for these
requirements. Unless you provide us with a valid tax
exemption certificate, you are responsible for sales
and other taxes associated with the order. We accept
VISA, MASTERCARD, DISCOVER and AMERICAN EXPRESS.
If C.O.D is selected as payment an extra charge is added to freight ( apprx $12.50)
Please specify account number, expiration date and
the exact name as it appears on the credit card when
placing your order. Shipping dates are estimates
only. Prices of merchandise will be billed at
prevailing prices. Prices are subject to change
without notice. Terms are NET 30 days with
established credit.
TRANSPORTATION TERMS: Products are shipped FOB our
warehouse or shipped FOB OEM warehouse if shipped
directtly by the OEM. Our responsibility does not
extend beyond our warehouse or the shipping point.
Title to products passes from us to you upon shipment
from our facility or the OEM facility. Loss or damage
that occurs during shipping is your responsibility.
Our charges for Parcel Post or United Parcel Services
are according to published rates. Common Carrier
shipments will be sent Freight Collect and are your
responsibility.
DAMAGES OR SHORTAGES IN SHIPMENTS EN ROUTE: Examine
all shipments carefully before the delivering carrier
leaves your premises. Where damage or shortage has
occured be sure to note the damage on the freight
bill and have it signed by the driver. United Parcel
Service damages are to be taken up with the driver
making the delivery. Concealed damage claims must be
made within forty eight (48) hours. You must notify
us within 21 days of the date of your invoice if you
believe any part of your purchase is missing or wrong.
RETURNING NEW MERCHANDISE FOR CREDIT: We will accept
new merchandise which is not altered or damaged for
credit within 6 months from the date of Invoice
providing you secure a Return Goods Authorization
Number ( RGA# ) before return shipment is made. A
restocking charge of 10% will be made; additional
fees may apply. Products with a specific shelf life,
special order, or discontinued items may not be
returned. You are responsible for risk of loss,
shipping, and handling fees for returning or
exchanging product. If you fail to follow the return
or exchange instructions and policies provided by us,
we are not responsible whatsoever for product that is
lost, damaged, modified, or otherwise processed for
disposal or resale.
WARRANTY: WE PROVIDE A WARRANTY ONLY TO THE EXTENT
THE PRODUCT IS WARRANTED BY THE ORIGINAL MANUFACTURER
( OEM ). IN OUR SOLE DISCRETION, YOUR SOLE REMEDY IS
RETURN OF THE PRODUCT AND REFUND OF THE PRICE PAID.
LIMITATION OF LIABILITY: WE SHALL HAVE NO LIABILITY
BEYOND THE REMEDIES SET FORTH HEREIN. WE ARE NOT
LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR
PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE
APPLICABLE PRODUCT. THE REMEDIES SET FORTH IN THIS
AGREEMENT SHALL BE THE SOLE REMEDIES AND SHALL APPLY
EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
BINDING ARBITRATION: Any dispute between us relating
to this agreement or the sale of this product shall
be resolved exclusively and finally by binding
arbitration administered according to the commercial
rules of the American Arbitration Association. The
parties shall mutually choose on arbitrator and the
arbitration shall occur in Chicago. Any award of the
arbitrator shall be final and binding on each of the
parties, and may be entered as a judgement in any
court of competent jurisdiction. The parties will
split all cost of the arbitration. Each party shall
pay for its own cost and attorneys' fees, if any.
However, if any party prevails on a statutory claim
that affords the prevailing party attorneys' fees, or
if there is a written agreement providing for fees,
the Arbitrator may award reasonable fees to the
prevailing party, under the standards for fee
shifting provided by law.
GOVERNING LAW; MISCELLANEOUS: This Agreement shall be
governed by the laws of the state of Illinois. The
federal and state courts sitting in Cook County,
Illinois shall be the exclusive venue for enforcing
any arbitration award or non-arbitrable dispute.
Title to software will remain with the applicable
licensor. All software is provided subject to the
license agreement that is part of the software
package and you agree that you will be bound by such
license agreement.
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