Acceptance by Laner Electric Supply Co. Inc. (referred to herein as "LESCO") of all orders placed via its worldwide web-site, operated at the Universal Resource Locator (URL) address of www.laner.com, is expressly conditioned upon the terms and conditions set forth below. Customers of LESCO signify their acceptance of these terms by clicking on a www.laner.com web-site page button marked "I accept www.laner.com terms of sale. Place Order". Customers's placement of any order, as described above, is evidence of Customer's acceptance of these terms and of Customer's authorization for LESCO to charge Customer's credit card account upon shipment of the order from LESCO's inventory, or, in the case of product shipped directly to customer by manufacturer(s), to charge Customer's credit card in advance of authorizing such direct shipment by manufacturer.
Written correspondence concerning matters relating to these terms of sale should be directed to:
Prices, Discounts, Shipping Charges.
Prices, Discounts and Shipping charges quoted on the www.laner.com web-site are subject to change without any prior notice. Prices do not include any present or future sales, use, value added, import duty or similar taxes and, where applicable, such taxes shall be billed as a separate item and shall be paid by the Customer. LESCO is not responsible for typographical errors or omissions in prices published on its web-site and reserves the right to cancel shipment of products whose prices may be incorrectly published. In such case, Customer shall be entitled to refund of 100% of the amount originally charged for the cancelled item.
Delivery of Goods
All sales are made F.O.B. point of shipment via regulated common carrier, and all risk of loss, damage or other incidents of title and ownership shall pass to the Customer upon delivery to the carrier at LESCO's shipping point. Such delivery shall constitute delivery to the Customer. Customer shall be responsible for asserting all claims against the carrier with respect to all goods lost or damaged in transit.
Customer is responsible for adequate access to Customer's delivery location as specified in Customer's order and assumes liability for damage to property or equipment when delivery vehicles are required to leave highways or streets to make delivery. Extra labor or mechanical facilities required to unload, store, or prepare products for installation shall be provided by Customer at no cost to LESCO.
All orders are accepted subject to delays or failure to delivery caused by acts of god, war, demands or requests of governmental authority, national defense, civil commotion, strikes, lockouts, labor trouble, weather, fire, flood, accident, failure in production or production equipment, inability to secure merchandise, inability to obtain fuel, power, raw materials, delays caused by manufacture shortage, inability to supply for any reason, or other causes beyond the reasonable control of LESCO.
Delivery dates are not guaranteed unless expressly stated to be guaranteed in a writing signed by an authorized officer of LESCO.
Return of Goods
Customer must obtain written or e-mailed Return Merchandise Authorization (RMA) from LESCO prior to returning any merchandise or products, including products alleged to be defective. LESCO shall be under no obligation to issue any RMA for any, non-defective product after 35 days from the date on which it was originally invoiced. Unless for defective products, RMA's will not be issued for products that have been installed, or that are missing instructions or other original documentation, or that are not in original packaging, or that were not originally purchased from LESCO. Items returned to LESCO pursuant to an RMA, but which show no evidence of being defective, or, in the case of non-defective products, show evidence of having been installed, or are missing instructions, documentation or original packaging, or which are determined to have not been originally purchased from LESCO will be: a) scrapped with no credit issued to Customer, or, b) returned to the Customer at Customer's expense. In such cases a LESCO customer service agent will contact Customer before action is taken. If all reasonable attempts to contact Customer are unsuccessful, then items will be scrapped and no credit will be issued. All items returned to LESCO are subject to inspection by LESCO. Non-defective returned items are subject to restocking/service charges equal to a minimum of 15% of their original purchase price(s), plus any applicable freight charges, unless they were originally shipped in error by LESCO. Items shipped in error will be credited 100% upon receipt, inspection, and approval as re-sellable by LESCO. Additionally, LESCO will pay return shipping charges for the incorrect item(s) and shipping charges for the correct replacement item, provided that Customer brings the error to the attention of LESCO in writing (or email) within 35 days of the original invoice date of the incorrect shipment.
Suitability of Use
Customer has the sole responsibility to determine whether or not the products ordered are suitable for Customer's use and are approved by Customer's building inspection authority and/or for compliance with National Electrical Code regulations. LESCO is not responsible for errors or omissions in dimensions and specifications published on its web site. Customer shall inspect all products received from LESCO prior to installation and if for any reason products are regarded by Customer to differ from published specifications or to otherwise be unsatisfactory as to type, quantity and quality, or otherwise, Customer shall notify LESCO in writing before installation is commenced. LESCO shall not be liable for any damages occurring after the commencement of installation, for products with any apparent or surface defect, or which are claimed to be incorrectly sized, packaged, matched or finished, or claimed not to meet specifications. Products sold by LESCO may not be used in connection with any "critical use" facility (i.e. nuclear facility or other hazardous substance facility) where the failure of a single component could cause substantial harm to persons or property.
Warranty
LESCO WARRANTS THAT THE PRODUCTS SOLD BY IT CONFORM TO THE DESCRIPTIONS ON THEIR RESPECTIVE INVOICES AND ARE FREE FROM DEFECTS CAUSED BY LESCO OR LESCO'S HANDLING OF PRE-MANUFACTURED PRODUCTS. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY. LESCO'S SOLE LIABILITY UNDER THE TERMS OF THIS WARRANTY, AND THIS AGREEMENT, SHALL BE, AT LESCO'S OPTION, TO REPLACE OR REPAIR ANY DEFECTIVE PRODUCTS OR, AFTER AUTHORIZED RETURN, TO REFUND THE PURCHASE PRICE OF SUCH DEFECTIVE PRODUCTS, OR TO REFER CUSTOMER DIRECTLY TO ORIGINAL MANUFACTURER OR WARRANTOR OF PRODUCT. LESCO SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING LABOR OR ANY OTHER CHARGES OR BACK CHARGES CHARGED TO OR INCURRED BY CUSTOMER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF AND/OR LESCO'S INVOICES.
Trademarks and Copyright
All content and material on the www.laner.com web-site is the copyright property of LESCO, or their respective owners, and may not be downloaded, displayed, copied, reproduced or otherwise disseminated or re-transmitted except as needed for the personal and specification use of LESCO customers. You may not "frame", "mirror" or create links to LESCO without prior written consent from an authorized officer of LESCO Inc. The trademarks displayed on the www.laner.com web-site are the property of their respective owners and are subject to the terms and conditions of use of their respective owners.
Links to Third Party Sites
The www.laner.com web-site may contain hyperlinks to websites that are owned and operated by entities other than LESCO. Such hyperlinks are provided only for the convenience and reference of visitors to the www.laner.com website. LESCO does not control, and is not responsible for, the content at such other websites. The inclusion of any hyperlink to any other website by LESCO does not imply any endorsement by LESCO of the material found at such websites, nor does it imply any association with their operators.
Exports
LESCO reserves the right to ship only to destinations within the United States of America. Customer assumes any and all liabilities and risks associated with shipment of products by LESCO to destinations outside of the U.S.A. For shipments to destinations that are outside of the U.S.A., including shipments made to a quasi-U.S.A. destination (e.g. to an International Freight Forwarding carrier), and which require additional shipping costs, and / or the preparation of customs declarations, special bills of lading, or other extraordinary or special handling, LESCO reserves the right to charge Customer, in advance of shipment, for any such extraordinary or special handling.
General Terms
In any action for the collection of payment for goods furnished under this agreement the prevailing party shall be entitled to receive from the other parties to this agreement named in such action reasonable attorney's fees and costs actually incurred. Attorney's fees shall not be regulated by any court but shall be based on actual fees charged.
This agreement is binding on the executors, administrators, heirs, personal representatives, successors, donees and assigns of all parties hereto.
This document contains all the provisions of the agreement of the parties hereto, and no promise, agreement or representation not contained herein shall be binding on any party.
Neither the acceptance of any partial or delinquent payment by LESCO, nor LESCO's failure to exercise any rights or remedies on default of Customer shall be a waiver of the default, a modification of this agreement or of Customer's obligations under this agreement, or a waiver of any subsequent default.
This agreement shall be construed in all respects as if any invalid or unenforceable provision were eliminated, and without effect on any other provision.
This agreement shall be construed and enforced pursuant to the laws of the State of California. Venue for all actions arising under this agreement shall be in the courts of Contra Costa County, State of California unless otherwise required by law.