(Effective July 25, 2016)
PLEASE NOTE: The Site is intended for use by residents of the United States who are at least 18 years of age. Read carefully below before using the Site. Note also that our use of your personal information is governed at all times by our Privacy Statement which is available at www.advanceelectrical/privacy. See below for requirements relating to how disputes between you and Advance are resolved.
Amendments to this Agreement will be posted on the Site. To the maximum extent allowed by law and except as otherwise expressly provided at the time of such amendment, such amendments are effective when posted. Your continued use of the Site following the posting of any amendment shall constitute your acceptance thereof. If you do not agree to the terms of this Agreement or any amendment, do not use the Site.
Using the Site
Subject to compliance with the Agreement, including but not limited to applicable age and residency restrictions, you have a limited, non-transferrable, non-sub-licensable and revocable license to access and use the Site for its intended purpose which shall be for your personal use and not, for example, for reselling or outsourcing the Site’s functionality or otherwise using it as a service bureau or data center. You may print copies of Site materials as reasonably necessary for permitted use of the Site, but such copies shall not be distributed to others. Uses of the Site not expressly authorized herein are prohibited.
You agree to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product obtained through the Site. Subject to applicable law, Advance reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of, or discontinue any offering of, any product or promotion; (b) impose conditions on your use of the Site; and (c) bar you from making or completing any or all transaction(s). You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase transactions conducted using the Site.
Account Registration, Password and Security
Some portions of the Site require you to register and you may be asked to select a password. You agree to provide accurate and truthful information and to update such information to keep it true and accurate. Select a password that would be difficult to guess, and change it regularly. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.
We reserve the right to take such action in our discretion to help ensure the security of the Site, including, without limitation, terminating an account. NOTWITHSTANDING THE ABOVE, WE MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT OR USING YOUR PASSWORD, AND IN NO EVENT, AND UNDER NO CIRCUMSTANCES, SHALL WE BE HELD LIABLE TO YOU FOR ANY LIABILITIES OR DAMAGES ARISING OUT OF (I) ANY ACTION OR INACTION OF ADVANCE UNDER THIS PROVISION OR (II) ANY COMPROMISE OF THE CONFIDENTIALITY OF YOUR ACCOUNT OR PASSWORD OR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR USE OF YOUR PASSWORD EXCEPT TO THE EXTENT SUCH COMPROMISE, ACCESS OR USE IS CAUSED SOLELY BY ADVANCE’S BREACH OF THE EXPRESS TERMS OF THIS AGREEMENT, AS PROVED BY CLEAR AND CONVINCING EVIDENCE. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT ANY TIME.
Purchases made in connection with the Site are subject to Advance’s General Terms and Conditions of Sale. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice.
You agree not to: (a) access or attempt to access any information, documents, images, software or material (individually and collectively, Materials) that you are not authorized to access and/or through any means that you are not authorized to use such as any means not intentionally made available through the Site; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site, or to any Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked websites; (c) access or use the Site in any manner that could damage, disable, overburden or impair any server or network used by Advance in connection with the Site; (d) use any Materials in connection with the Site in any manner that infringes upon any intellectual property rights or other rights of any party; (e) transmit unsolicited or bulk communications to any Advance account holder or to any mc-mc.com email address or other email addresses associated with Advance; (f) post or otherwise submit any software, programs or Materials via the Site that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (g) disrupt, interfere with or inhibit any other user from using and enjoying the Site or other websites, Materials or services associated with Advance; (h) violate any applicable laws or regulations related to the access to or use of the Site, and/or engage in any activity prohibited by this Agreement; (i) compile, use, download or otherwise copy any Materials available on the Site (except as expressly permitted by the Agreement), or transmit, provide or otherwise distribute (whether or not for a fee) such Materials to any third party; (j) use the Site to engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (k) use any robot, spider, or other programmatic or automatic device, to obtain information from the Site or otherwise monitor or copy any portion of the Site; (l) frame, mirror, or use framing techniques on any part of the Site without Advance’s express prior written consent; (m) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site Materials, or otherwise scrape, collect, store, or, except pursuant to the limited license granted by this Agreement, use any Materials; (n) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; (o) remove any copyright, trademark, or other proprietary rights notice from the Site or Materials; and/or (p) use any Advance domain name as a pseudonymous return email address.
These examples of prohibited conduct are illustrative and are not exhaustive. Advance reserves the right to take action, up to and including terminating a user’s account, if the user is determined, in Advance’s sole discretion, to have engaged in prohibited conduct or otherwise violated this Agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANCE, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, AND MERCHANTS (ADVANCE AND SUCH OTHER INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS ADVANCE-RELATED PARTIES) SHALL NOT BE RESPONSIBLE FOR, NOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR CONDUCTING OF ANY TRANSACTIONS BY OR THROUGH THE SITE. ADDITIONALLY, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE ADVANCE-RELATED PARTIES SHALL BE LIMITED TO THE AMOUNT OF MONEY, IF ANY, THAT YOU EXPENDED IN CONNECTION WITH THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY OR OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, ADVANCE-RELATED PARTIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT USE OF THE SITE IS WITHOUT WARRANTY OF ANY KIND AND THAT THE ACCESS TO AND USE OF THE SITE, AS PROVIDED UNDER THE AGREEMENT IS PROVIDED AS IS AND AS AVAILABLE BASIS, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES BASED ON CUSTOM OR PRACTICE. APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION MAY NOT APPLY TO YOU AND SHALL APPLY ONLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ADVANCE OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FOR THE AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE FOREGOING, ADVANCE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVER, OR USER CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), OR OTHERWISE MEET YOUR REQUIREMENTS.
Additional Disclaimer Related to Third-Party Content and Links to Third-Party Sites.
We may display on the Site user content, information, instructions, videos, services, products, and other materials from third parties, and links to third-party sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Advance or its affiliates of any content of the linked third-party website, and Advance does not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither Advance nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD-PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
You agree to defend, indemnify and hold harmless Advance, its employees, directors, officers, members, managers, representatives, agents, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site (but excluding claims resulting from our breach of this Agreement), including without limitation, any information or content you submit to the Site, any material you download from the Site or any interference with the operation of the Site.
By submitting any comment, idea, suggestion, blog content, or other material to the Site, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by Advance will not infringe on or violate the rights of any third party.
Trademarks and Copyrights
Advance, the Advance logo, and other marks, logos, graphics, and trade dress used on the Site are Advance’s trademarks or the trademarks of third-party affiliates, and may not be used in any manner (including in meta-tags or hidden text) without our prior written approval. All content included on the Site, such as text, graphics, images, audio clips, video, data, music, software, and other Materials, is owned or licensed property of Advance or its suppliers, merchants, or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these Materials may violate trademark, copyright, patent, or other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such Materials except as expressly permitted in the Agreement.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to Advance shall be sent by email and regular mail at the addresses listed in the paragraph immediately below. In the case of notices Advance sends to you, you consent to receive notices and other communications by Advance posting notices on the Site or sending you an email at the email address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Advance provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please note the following: (a) Advance is located at 263 N. Oakley Blvd., Chicago, IL 48071; (b) the fees charged for Advance products and/or services vary depending on the services selected by you; and (c) if you have a question or complaint regarding this Site or Advance’s products or services, please send an email to _______. You may also contact us by writing to the address above, or by calling us at 1-844-687-6262. In accordance with California Civil Code 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
WITHOUT LIMITING THE EFFECT OF ANY DISCLAIMER CONTAINED HEREIN, ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Advance shall be excused from performance under the Agreement to the extent that performance is prevented, delayed, or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.
You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Advance. Notwithstanding the foregoing, Advance may freely assign Agreement, and the rights and obligations therein, without your consent, including but not limited to, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, the Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between Advance and you with respect to the subject matter hereof.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by Advance to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement. Advance may assign this Agreement, and its rights and duties thereunder, to any party at any time without notice to you. You may not assign this Agreement or rights and duties thereunder without the prior consent of Advance.
Digital Millennium Copyright Act Notice Policy
We respect the intellectual property rights of others, and ask you to do the same. If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of the copyrighted works that you claim have been infringed via the Site; (b) identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site, such as the URL where such material may be found on the Site); (c) your street or mailing address, telephone number, and, if available, email address; (d) the following affirmation (if true): “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”; (e) the following affirmation (if true): “I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed.”; (f) electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
Advance Electrical Supply Company LLC-Terms and Conditions of Sale
Advance Electrical Supply Company LLC’s (“Advance”) sale of all goods and services to Buyer is subject to these terms and conditions and are expressly incorporated into any Advance credit application, quotation, packing slip, guaranty, invoice, statement, or other document provided by Advance to the Buyer.
These Terms and Conditions Govern Transactions Between Advance and Buyer
These terms and conditions constitute the sole terms and conditions of Advance’s sale of any goods or services to Buyer. Advance does not accept any offer or counteroffer of Buyer, and Advance rejects any additional, different, or inconsistent terms, conditions or limitations contained in or incorporated by reference in any forms, purchase orders or other documents that Buyer has provided to or may provide to Advance in connection with Advance’s sale of goods or services to Buyer. By providing goods or services to Buyer, Advance does not accept any such additional, different, or inconsistent terms, conditions, or limitations that Buyer may tender.
Modification, Merger, and Waiver.
These terms and conditions cannot be modified unless such a modification has been accepted in writing by and signed by an Advance officer. These terms and conditions supersede any inconsistent course of dealing, usage of trade, industry custom, or course of performance. No such inconsistent course of dealing, usage of trade, industry custom, or course of performance will waive, vary, serve to explain, or serve to interpret any of these terms and conditions. These terms and conditions represent the sole and exclusive agreement with respect to Advance’s provision of goods and services hereunder and supersede all prior and contemporaneous agreements and understandings, negotiations, inducements, representations or conditions, whether oral or written, whether express or implied, with respect to such matters. Advance’s failure to enforce any of these terms and conditions or exercise any lawful right in connection with them will not constitute a waiver of those terms and conditions.
All Buyer’s orders are subject to Advance’s initial acceptance and credit approval, if applicable. Advance may reject any order in its sole discretion. All Buyer’s orders that Buyer tenders to Advance by facsimile, email, or website or e-mail require Advance’s written acceptance. Any modifications that Buyer desires to make to any order are subject to Advance’s written acceptance.
Prices and Taxes.
Unless otherwise agreed to by Advance in writing, Advance’s prices for the goods and services will be the prices specified in any applicable invoice or Advance’s standard prices for such goods and services as of the date hereof. However, all prices are subject to change without notice. All Advance quotations are limited to thirty (30) days unless stated to the contrary in such quotations. Prices do not include any present or future sales, use, excise, value-added or similar taxes, which, where applicable, shall be paid by the Buyer. To the extent such taxes do not appear as an additional separately itemized charge, buyer certifies that the sale of the goods is exempt from such tax and buyer assumes the liability for any such tax which may be found to be due, hereby agreeing to indemnify and hold Advance harmless with respect to such tax.
Unless Advance has expressly agreed otherwise in writing, it is Buyer’s responsibility to ensure that the goods and services are the ones that it has requested and that all specifications and quantities are correct. ADVANCE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES THAT THE GOODS AND SERVICES CONFORM TO ANY SPECIFICATIONS, DRAWINGS, DESIGNS, OR SAMPLES.
Shipment of Goods or Performance of Services.
All deliveries may be subject to a delivery charge. Shipment of all Goods shall be made F.O.B. point of shipment. Buyer shall bear the risk of loss and damage to goods after delivery to the point of shipment. Shipping dates given in advance of actual shipment are estimates only. Advance is not liable for failure to deliver by any estimated date, or for any delay in shipment or other performance. Advance may cancel in whole or in part any Buyer’s order goods or services without any liability to Advance.
Unless otherwise agreed to by Advance in writing, Buyer will pay any applicable insurance costs in connection with delivery of the goods. Buyer is solely responsible for filing and pursuing claims with carriers for loss of, or damage to, goods in transit. Buyer is solely responsible for obtaining at its sole cost and expense any and all necessary licenses and permits for the goods and services. If Buyer is unable to receive the goods when they are tendered, Buyer will be liable to Advance for any losses, damages, or additional expenses incurred or suffered by Advance as a result of Buyer’s inability to receive the goods or services.
Invoices generated for shipments made by an Advance vehicle or third party carrier, or for pick-up by Buyer shall be deemed to be evidence of delivery. Claims of non-delivery must be made within 30 days of the invoice date. No claims shall be allowed for wire or cable once cut by the Buyer or any other person.
Buyer immediately will inspect all goods upon its receipt of them and will be deemed to accept the goods upon receipt. Buyer must note any shortages or damages on the delivery receipt and the Buyer must request a receipt upon delivery. Buyer must present any claims for shortages, discrepancies, or damages to any third party carrier for adjustment. Advance accepts no liability for any such shortages, discrepancies, or damages in relation to any third party delivery. If Advance delivers such goods, Buyer waives any claims for any such shortages, discrepancies, or damages unless makes such claims to Advance within five days of receipt of the goods.
Returned Goods and Cancellations.
No goods may be returned for credit or exchange without Advance’s written authorization. Advance will not be responsible for any goods returned without its prior written authorization. Returned goods must reflect Advance’s written authorization and must be shipped prepaid to Advance, unless Advance approves its own pick-up for such goods. Advance. Returned merchandise may be subject to a reasonable handling and restocking charge. All claims for returns must be made within 30 days of shipment.
Buyer may cancel its order for goods and/or services if Advance agrees to such cancellation in writing and only after Buyer pays Advance reasonable charges for expenses already incurred and commitments made by Advance in connection with the placement of such order(s).
Payments for goods and services will be made by such means as Advance may specify, such as by check or wire transfer, provided that Advance may refuse, in its sole discretion, payment by any means, including, without limitation, credit cards. Payment for goods and services is due within 30 days from the date of Advance’s invoice unless Advance specifies other terms in any Advance quotation, invoice, or written documentation of credit terms. Advance reserves the right, in its sole discretion, to require Buyer to pay for any goods prior to order entry, shipment, or delivery regardless of any otherwise applicable credit terms.
Advance shall have the right to offset any and all amounts due and owing from Advance to Buyer including, without limitation, any chargebacks or rebates, against any amounts due and owing from Buyer to Advance.
To secure full payment for the goods purchased by or delivered to customer, customer grants Advance a continuing purchase money security interest in, and a right to repossess, all such goods, wherever located, and customer authorizes the filing of appropriate financing statements, and will from time to time execute such other documents as Advance may require, with respect thereto.
If Buyer fails to pay Advance when due for goods or services, Advance reserves the right to assess and Buyer agrees to pay Advance finance charges at the rate of 1½% per month (18% per annum).
Disclaimer of Warranties.
ADVANCE HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR ORAL, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY CONTRACT, AT LAW, IN EQUITY, BY STRICT LIABILITY OR OTHERWISE, WITH RESPECT TO THE GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY AGAINST DEFECTS IN DESIGN, MATERIALS AND WORKMANSHIP, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AGAINST DEFECTS, ANY WARRANTY OF GOOD TITLE, AND ANY WARRANTY AGAINST INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY PATENTS, TRADEMARKS, OR COPYRIGHTS.
Limitation of Liability and Exclusive Remedy.
NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL: (A) ADVANCE BE LIABLE TO BUYER FOR ANY CIRCUMSTANTIAL, CONSEQUENTIAL, CONTINGENT, EXEMPLARY, INCIDENTAL, INDIRECT, LIQUIDATED, MATERIAL, PUNITIVE, SPECIAL, SPECULATIVE OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, SALES OR REVENUES, COST OF REPLACEMENT GOODS, LOST BUSINESS OR BUSINESS INTERRUPTIONS, OR ATTORNEYS’ FEES OR COURT COSTS ARISING IN ANY MANNER PURSUANT TO OR IN CONNECTION WITH THE AGREEMENT, THE GOODS OR THE SERVICES (EVEN IF ADVANCE IS MADE AWARE OF THE POTENTIAL FOR SUCH DAMAGES); AND (B) ADVANCE’S TOTAL LIABILITY RELATED TO ANY GOOD OR SERVICE EXCEED THE PURCHASE PRICE OF SUCH GOOD OR SERVICE.
The product information, specifications, and descriptions contained in Advance’s catalogs, website, brochures or other product descriptions have been compiled for the use and convenience of the customers of Advance from information furnished by various manufacturers. Advance cannot and does not accept any responsibility for the accuracy or correctness of any description, calculations, specification or information contained therein. Advance is selling the goods and merchandise illustrated and described therein on an “as is” basis and subject to the warranty terms herein set forth. Due to manufacturers’ franchise agreements, all items shown in Advance’s catalogs, website, brochures or other product descriptions may not be available at all Advance’s locations.
Buyer’s EXCLUSIVE remedy against Advance for any claim for, or arising out of any in a good tendered to Buyer is the repair or replacement of the good, or alternatively, at Advance’s sole election, a refund of the purchase price of the good. Buyer’s EXCLUSIVE remedy against Advance arising out of any defect in, or in connection with, any service provided hereunder is the re-performance of that service or, at Advance’s sole election, a refund of the purchase price of the service. These remedies only will only be available to Buyer for one year after the good is delivered or service is provided to Buyer, and Advance’s obligations under this will be void unless Buyer provides Advance with notice of the defect in the good or service within 30 days of discovery of the defect. Any good returned to Advance for repair, replacement, or refund under this section will be returned by Buyer in accordance with Section 7 of these terms and conditions.
Export Controls; Availability; Laws.
Certain goods may be subject to export controls under the laws, regulations and/or directives of the United States and various other countries. Buyer must comply with such laws and regulations and not export, re-export or transfer these goods to any country to which such export, re-export, or transfer is forbidden or without first obtaining all required authorizations or licenses. Due to government regulations and product availability, not all goods sold by Advance may be available in every area.
Buyer hereby warrants and represents that it will comply with any and all laws, regulations, or other requirements with respect to the purchase, use, and operation of any and all goods and services.
Choice of Law, Choice of Venue, and Additional Remedies
The negotiation, execution, performance, termination, interpretation and construction of these terms and conditions and any transactions or matters arising in relation to them shall be governed by the law of the State of Illinois without regard to any conflicts of law principles.
Buyer hereby irrevocably agrees that all disputes arising out of or relating to these terms and conditions or the goods sold hereunder that cannot be resolved by the parties shall be resolved only by the State or Federal courts located in Cook County, Illinois. Buyer hereby irrevocably consents and submits to the exclusive jurisdiction and venue of such State and Federal courts located in Cook County, Illinois and waives any objection or right to contest said jurisdiction or venue or that any such action or proceeding was brought in an inconvenient court.
Buyer shall be responsible for all costs and expenses that Advance may incur in enforcing Buyer’s obligations under these terms and conditions, any other payment obligations, or under any other agreement between Advance and the Buyer regardless of whether litigation is initiated. Such costs and expenses, include but are not limited to, all costs of collection, attorneys’ fees, lien preparation and filing costs, and court costs.
Any director, officer, employee, representative, or agent of Buyer signing or otherwise entering into transactions with Advance hereby represents and warrants that he or she is duly authorized to execute and enter into any transactions with Advance on behalf of Buyer.