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Terms & Conditions


Effective Date: March 13, 2013


Welcome to this website hosted by C&H Distributors, LLC (“C&H”). C&H maintains this website for your personal information, education and communication. Your access to and use of this website is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities. By accessing or using this website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.


If you do not agree to the following Terms of Use, do not access or use this website, and instead contact C&H in writing or via telephone as set forth below for desired information.

Modifications

C&H reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this website. Material changes will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

Privacy Policy

By your access and use of this website, you hereby agree to the terms of the C&H ( www.chdist/privacy-policy ) which are incorporated into these Terms of Use by this reference.

Access

Access to this website is limited to viewing the information solely for legitimate business purposes. Any access or attempt to access other areas of C&H computer systems is strictly prohibited. You may not use any information contained on this website other than in connection with a legitimate business purpose with C&H.

Site Information

Information displayed on this website is subject to modification without notice. C&H reserves the right to modify such information without any obligation to notify past, current or prospective website users. Some services may not be available in certain areas. C&H makes no representations that the materials on this website are appropriate or available for use in other states or other countries besides the United States. Those who do access this website from other states or countries are solely responsible for compliance with the laws of such state or country.


All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Intellectual Property Rights

Copyright 2013 C&H Distributors, LLC All rights reserved.


All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are the copyrighted materials of C&H or its vendors or suppliers. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to C&H appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to C&H or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of this Site

You may download and/or print a copy of this website’s content solely for your personal and internal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You agree not to download, display or use any C&H content located on the C&H property for use in any publications, in public performances, on websites other than this C&H property for any unpermitted commercial purpose, in connection with products or services that are not those of C&H, in any other manner that is likely to cause confusion, that disparages or discredits C&H and/or its licensors, that dilutes the strength of C&H's or its licensor's intellectual property, or that otherwise infringes C&H's or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to not misuse any C&H content or user content that appears on this website. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of C&H.


You may not violate the security of any C&H network or system. Such violations may result in criminal and civil liability. You may not probe, scan or test the vulnerability of this website or attempt to breach any security or authentication measures or monitor data or traffic on our website. You may not interfere with the functioning of this website, including without limitation any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks. You may not use manual or electronic means to avoid the use or access limitations that may be on this website.

No Liability

In no event shall C&H or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, products, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if C&H has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the website.


Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

C&H makes all commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. This website is provided by C&H on an “AS IS” basis. C&H disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. C&H makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. C&H does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any users requirement by uninterrupted, timely, secure or error-free. C&H shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.


You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. C&H does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. None of the parties involved in creating, producing, or delivering this website or its content, including without limitation C&H, shall be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.


No advice or information, whether oral or written, obtained by you from C&H or in any manner from this website shall create any warranty.

Third-Party Websites

This website may link to, or be linked to, other websites not maintained by or related to C&H. Such links are provided only as a service to our visitors. C&H is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website. C&H has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

Power Reviews

C&H provides users with access to reviews of products through a website hosted by a third party service provider, PowerReviews, Inc.. If you choose to access or post any material through the PowerReviews page, your use of that page will be subject to the additional terms and conditions posted on the PowerReviews page.

Indemnification

You agree to indemnify, defend and hold harmless C&H, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of C&H or any other person or entity.

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Wisconsin without regard to any conflict of laws provisions. Venue shall be proper exclusively in Milwaukee County, Wisconsin with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by C&H in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Entire Agreement

By your access or use of this website, you hereby agree to these Terms of Use. These Terms of Use, together with the C&H Privacy Policy constitute the entire agreement, together with any Terms & Conditions of Purchase (if applicable) between you and C&H with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by C&H. These Terms of Use will inure to the benefit of C&H’s successors and assigns.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and C&H may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at:

  • Email: customerservice@chdist.com
  • Fax: 800-336-1331
  • Phone: 800-558-9966
  • Mail: Customer Service Department
  • C&H Distributors, LLC
  • 770 S. 70th St.
  • Milwaukee, WI 53214
  • USA
 

Terms & Conditions of Purchase


The following terms and conditions of purchase apply to all orders from C&H Distributors, LLC ("C&H") by you (and the company you represent) as the buyer ("Buyer"). You as the party placing the order represent that you as the Buyer have the ability to place the order on behalf of yourself and the company that you represent.

ACCEPTANCE OF ORDERS:

NO CONTRARY TERMS. ORDERS ARE NOT BINDING ON C&H UNLESS ACCEPTED BY C&H. ACCEPTANCE OF BUYER'S ORDER IS CONDITIONED UPON BUYER'S ASSENT TO THE FOLLOWING TERMS & CONDITIONS OF PURCHASE, AND ANY INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE. If any of these terms and conditions are not acceptable to Buyer, C&H must be notified promptly.

CANCELLATION:

Orders may be cancelled up until the order is filled and shipped.

PRODUCT AVAILABILITY:

Product availability may be limited. Products may not be available for immediate delivery (as defined below). C&H reserves the right, without liability or prior notice, to revise or cease to make available any or all products.

PRICING & SPECIFICATIONS:

All C&H prices reflect Buyer's net cost in U.S. currency. The prices do not include freight, applicable federal, state, and local taxes, charges and duties, or special crating requirements for export shipment. Buyer shall pay all such costs, taxes, charges, and duties. Prices, colors, and specifications are subject to change without notice. C&H reserves the right to adjust and communicate pricing should an error be found in published material.

PAYMENT TERMS:

Open account terms of net 30 days after shipment are extended to buyers only in C&H's discretion. Buyers that are not currently on open account terms are requested to submit two major trade references and the name of their local bank. Buyer may expedite an order, while C&H establishes open account status, by including payment with the order. Orders made without an existing open account and without upfront payment will not be processed until C&H has completed its credit review and approved the open account. C&H reserves the right to charge interest on any late payments at the lesser of 1.5% per month or the highest rate permitted by law. NOTE: C&H also accepts Master Card, VISA, American Express, Smart Pay Cards, and Check by Phone. Electronic payments are processed by our payment processor service provider, as further detailed in our Privacy Policy. If the credit card or other payment information that Buyer submits is incorrect or invalid, C&H will not be able to process the Order. C&H has no liability if Buyer's financial institution fails to accept or honor your credit card or other method of payment for any reason.

LIMITED AND EXCLUSIVE WARRANTY:

Products ordered from C&H - expressly excluding certain batteries and casters as noted - are warranted by C&H to be defective in materials or workmanship under normal use and service within the first three years after the date of shipment of the product to Buyer. If there is a warranty issue, Buyer must promptly contact C&H for a return authorization as set forth below. C&H will, at its option, either repair or replace the defective product free of charge or provide Buyer with a credit or refund for the non-conforming product once C&H has confirmed that the product is subject to C&H's warranty policy. This warranty does not cover damage caused by incorrect use, accidental damage, damage during shipment or lack of proper maintenance. Certain products may also be subject to additional manufacturer's warranties, which C&H will pass through to Buyer to the extent reasonably feasible. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDY OF REPAIR, REPLACEMENT, CREDIT OR REFUND. SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF OUR WARRANTY AS FURTHER SET FORTH BELOW. Some states may not allow limitations on implied warranties so these limitations might not apply to you.

BUYER'S EXCLUSIVE REMEDIES:

C&H's liability and Buyer's exclusive remedies under C&H's warranty shall be limited solely to repair, replacement, credit or refund, at C&H's option, with respect to products returned to C&H pursuant to C&H's return authorization instructions. For return authorization instructions contact C&H at 888-316-2223.


ALL PRODUCTS AVAILABLE VIA THE WEBSITE ARE MANUFACTURED BY THIRD PARTIES. C&H HAS NO LIABILITY FOR SUCH PRODUCT MANUFACTURE, WHICH IS OUTSIDE OF C&H'S CONTROL. C&H SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR MODIFICATIONS, ALTERATIONS, MISUSE, MISAPPLICATION, INSTALLATIONS, REPAIRS OR OTHER USES OF THE PRODUCTS BY BUYER OR ANY THIRD PARTY. C&H SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, LABOR COSTS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE PRODUCTS PURCHASED FROM C&H, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. IN NO EVENT, SHALL C&H'S LIABILITY TO BUYER FOR DAMAGES OF ANY KIND EXCEED THE TOTAL PAID BY BUYER UNDER THE ORDER OR PRODUCT GIVING RISE TO SUCH LIABILITY, EVEN IF SUCH SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

SHIPPING:

All items designated as IN STOCK ship FOB from one of our warehouses. Items designated as "Factory Quick Ship" are in stock at C&H or the manufacturer and ship promptly (usually within 1 week), FOB point(s) as indicated. All other items are FOB the point(s) of origin indicated. Unless otherwise requested by Buyer, goods will be shipped via carriers of our choice with shipping, handling, insurance, and packaging charges prepaid by C&H and added to the invoice. Any extra charges for services requested by Buyer, i.e., special routing, inside delivery, or pre-delivery notification must be paid by Buyer. Expedited delivery is available upon request.

RISK OF LOSS; TITLE:

Title to products and risk of loss passes from C&H to Buyer upon delivery to the carrier.

DAMAGED SHIPMENTS; RISK OF LOSS:

Buyer should thoroughly inspect all items for shipping damage before accepting delivery. If damage has occurred, Buyer should note the extent of the damage on the freight bill and call C&H immediately. Although C&H's responsibility for loss and damage ceases when the products are accepted for shipment by the carrier, C&H will, when notified, file a damage claim for goods shipped via a carrier that was chosen by C&H, issue credit for the damaged goods and ship an immediate replacement. Buyer shall, at C&H's option, return any damaged products to C&H pursuant to any return authorization instructions obtained from C&H.

RETURN POLICY & PROCEDURE:

Since 1937, our growth and reputation have been based on customer trust and satisfaction. If for any reason you are dissatisfied with a product you receive from C&H, merely call us for shipping instructions and return it for full credit subject to the below conditions. We will even credit your original freight charges if returned within 45 days. The return of custom and made-to-order products is subject to the prior approval and returned goods policy of the manufacturer. Buyer must contact C&H's Sales and Service Department for confirmation and shipping instructions prior to returning any products. All returns must be shipped prepaid, in resalable condition, and are subject to inspection for damage or misuse prior to issuance of a credit or refund, unless otherwise authorized by C&H. Products not returned within 45 days of receipt will be subject to restocking charges.

CONTROLLING LAW:

The validity, construction and enforcement of these Terms & Conditions of Purchase between C&H and Buyer shall be governed by and interpreted under the laws of the State of Wisconsin and are the sole terms applicable to Buyer's purchase of products. In the event of any dispute arising out of this agreement, you consent to the personal jurisdiction of the federal and/or state courts located in the County of Milwaukee, State of Wisconsin, United States of America.

SALES TAX:

Sales tax required for CA, CT, FL, IL, IN, MA, ME, MI, MN, MS, NC, NJ, NV, NY, OH, PA, RI, TX, VT and WI. Sales tax will be added on the total merchandise plus shipping and related charges as required.