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Terms and Conditions
Terms and ConditionsPLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. This site is for use only within the United States, visitors from outside the United States are not permitted to place orders.Lindenmeyr Munroe reserves the right to cancel all orders placed from outside the United States as well as all orders being shipped to a freight forwarder for export outside of the United States. If you do not agree to these terms and conditions, please do not use this site.
Product Warranties & Guarantees:
Products sold by Lindenmeyr Munroe are presented in accordance with the manufacturer's recommendations. Lindenmeyr Munroe will replace defective merchandise only after the merchandise has been deemed defective by the manufacturer. Lindenmeyr Munroe shall not be liable for claims beyond the replacement value of the defective material. Product information sheets are available upon request.
Lindenmeyr Munroe is not responsible for loss, damage or any delay in transit. It is the responsibility of the Buyer to immediately inspect all deliveries for loss or damage. In the event that there is evidence of loss or damage, a notation to this effect must be noted on the carrier’s waybill. The carrier should be notified by telephone and in writing. All claims should be made directly with the carrier, but we will be happy to assist. Lindenmeyr Munroe must be advised within 24 hours of receipt of shipment of any claims for shortages or damage. Goods are charged at the price shown on the product page on the date the order is placed. The price shown on the product page excludes any applicable taxes, which will be calculated at the checkout stage in line with standard U.S. tax regulations. Prices are correct at time of publication. It is the customer’s responsibility to establish current prices at the time of order. Lindenmeyr Munroe reserves the right, by giving notice to the customer at any time before delivery, to increase any prices for goods to reflect any increases in the cost to Lindenmeyr Munroe of supplying the goods due to any factor beyond the control of Lindenmeyr Munroe (such as, without limitation, any foreign exchange fluctuation, significant increase in the costs of labor, raw materials or other costs of manufacture). Errors and omissions are accepted.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lindenmeyr Munroe. The collective work includes works that are licensed to Lindenmeyr Munroe. Copyright 2003, Lindenmeyr Munroe ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Lindenmeyr Munroe or purchasing Lindenmeyr Munroe products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Lindenmeyr Munroe or to purchase Lindenmeyr Munroe products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lindenmeyr Munroe. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Lindenmeyr Munroe used in the site are trademarks or registered trademarks of Lindenmeyr Munroe
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Lindenmeyr Munroe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lindenmeyr Munroe does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Lindenmeyr Munroe does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Lindenmeyr Munroe shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Lindenmeyr Munroe has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. All statements, technical information and recommendations made by Lindenmeyr Munroe and its employees, agents, affiliates, and subsidiaries are based on the information provided by the manufacturers of the products sold on this website or by Lindenmeyr Munroe directly and are believed to be accurate, but do not constitute a guarantee or warranty. All products are sold with the understanding that the Purchaser has independently determined the suitability of such product for their particular purpose under their own operating conditions. (Note: All specifications are subject to change without notice). The Purchaser assumes all risk and liability whatsoever in connection with their use of any product sold on this website or by Lindenmeyr Munroe directly. Products sold by Lindenmeyr Munroe are sold without any warranty as to merchantability or fitness for a particular use or any other warranty expressed or implied. No Lindenmeyr Munroe employee or representative has any authority to waive or change the foregoing provisions, and no statement or recommendation not contained herein shall have any force or effect unless made in writing and signed by an officer of Lindenmeyr Munroe. The following is made in lieu of all warranties, expressed or implied. Lindenmeyr Munroe's only obligation shall be to replace or credit such quantity of the product proven to be defective at its discretion. In no event shall Lindenmeyr Munroe be responsible for any incidental or consequential damages whether foreseeable or not caused by defects in such product and whether or not such damage is caused by Lindenmeyr Munroe's negligence.
In the event that a Lindenmeyr Munroe product is mistakenly listed at an incorrect price, Lindenmeyr Munroe reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lindenmeyr Munroe reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lindenmeyr Munroe shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Lindenmeyr Munroe without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Lindenmeyr Munroe may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Lindenmeyr Munroe.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Lindenmeyr Munroe products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Lindenmeyr Munroe products) must be commenced within one (1) year after the claim or cause of action arises. Lindenmeyr Munroe's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lindenmeyr Munroe may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lindenmeyr Munroe or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Lindenmeyr Munroe does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lindenmeyr Munroe is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lindenmeyr Munroe reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Lindenmeyr Munroe in its sole discretion.
You agree to indemnify, defend, and hold harmless Lindenmeyr Munroe, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Lindenmeyr Munroe may link to sites operated by third parties. However, even if the third party is affiliated with Lindenmeyr Munroe, Lindenmeyr Munroe has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lindenmeyr Munroe. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Lindenmeyr Munroe seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (“Terms”) apply to all sales by Lindenmeyr Munroe (“Seller”) to its Customers (each, a “Customer”). All Customer orders are expressly subject to these Terms. Seller objects to any terms proposed in Customer’s proposal, purchase order, acknowledgment or other document which add to, vary from, or conflict with the Terms. Any such proposed terms shall be void and these Terms constitute the complete and exclusive agreement and statement of the terms and conditions between Customer and Seller. There are no understandings, agreements or representations, express or implied, not specified herein.
Price: The price for the sale of any merchandise shall be Seller’s price prevailing at time of shipment unless otherwise specifically agreed. In the case of sales arranged through cooperatives or purchasing groups Seller may pay a rebate to the cooperative or purchasing group in connection with such sale. Notwithstanding the foregoing, by making a purchase, Buyer specifically agrees to the price stated.
Taxes and Additional Charges: All federal, state, local and other governmental taxes or other charges imposed upon the manufacture, sale, transportation, delivery and/or use of any merchandise sold to Customer by Seller are the responsibility of, and shall be paid by, Customer.
Terms of Payment: Seller may require cash or satisfactory security on shipments or deliveries or otherwise change any previous payment terms, without impairing the obligation of Customer to take and pay for the quantity of goods ordered. Seller may accept credit or debit cards in its discretion, but no prompt payment or other discounts or rebates shall apply to any payments made using any credit or debit card.
Delivery, Title and Contingencies: Except as otherwise agreed shipments of merchandise from mill of manufacturer shall be delivered to Customer f.o.b. mill, less prevailing freight allowance, if any, accorded to Seller by manufacturer, and title to merchandise from any such mill and all risk of loss or damage shall thereupon pass to Customer. Shipments of merchandise from Seller’s warehouses shall be subject to imposition by Seller of delivery charges, and title to merchandise from any such warehouse and all risk of loss or damage shall pass to Customer upon delivery to it at such location as Seller and Customer may agree. Any date for shipment or delivery specified is only an estimated date, and delivery by Seller shall be timely if made within ten (10) days thereof, or, if Seller orally or in writing notifies Customer prior to the end of said ten day period of a delay in shipment from the mill, delivery shall then be deemed timely if made within ten (10) days after the date of shipment from the mill. Seller shall not be liable to Customer or to any other person for loss or damage of any kind because of its inability or failure to make timely delivery of merchandise as a result of failure of Seller’s suppliers to make adequate or timely delivery of the merchandise; strikes, lockouts or other labor disputes; war, riot, armed conflict, insurrection, embargo or blockade; statute, regulation, order or any other action of any governmental authority; transportation delay or rejected mill runs; fire, flood, accidents, acts of God, or any other circumstance beyond Seller’s control. Quantities so affected may be eliminated from the amount ordered at the discretion of the party affected without liability and Seller may allocate its available supply among its purchasers, but the order shall remain otherwise unaffected.
Tolerances: Over-runs and under-runs shall be accepted by Customer in accordance with the specific policies of the manufacturer of the merchandise, and in the absence of any specific policy, usage of trade shall control.
Claims and Returns:
SELLER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EXCEPT THAT ANY MERCHANDISE DELIVERED SHALL BE OF THE MANUFACTURER’S STANDARD QUALITY FOR MERCHANDISE OF SUCH KIND.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FOREGOING AND SELLER’S SOLE RESPONSIBILITY HEREUNDER IS AS STATED. SELLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF VALUE OR LOSS OF USE), OR FOR ANY AMOUNT IN EXCESS OF THE PRICE FOR THE SHIPMENT INVOLVED, UNDER THE FOREGOING OR ANY OTHER PART OF THESE TERMS, OR ANY OTHER AGREEMENT BETWEEN SELLER AND CUSTOMER. ANY LEGAL ACTION AGAINST SELLER FOR BREACH OF THESE TERMS, OR SUCH ANY OTHER AGREEMENT INCLUDING ANY WARRANTIES HEREUNDER, MUST BE INSTITUTED WITHIN ONE YEAR AFTER DELIVERY.
No merchandise shall be accepted for return prior to inspection by Seller’s authorized representative, and in no event will a return of allegedly defective merchandise be acceptable for credit if the containers, wrappers, or labels are defaced, damaged, removed or covered, or if the merchandise is not in its original container. Credit will only be allowed on defective merchandise returned within 30 days of the date of delivery, and all returned merchandise is subject to inspection by Seller. No claim will be allowed by Seller after the merchandise either has been cut, printed or written upon, or otherwise altered from its original form. Buyer shall not be entitled to deduct from the price invoiced to it the amount of any claim asserted against Seller without Seller’s written consent. Buyer’s failure to accept delivery of any installment of shipment of merchandise in the qualities and on the terms specified or to fulfill any other agreement shall constitute a material breach of the entire transaction, in response to which, in addition to any other remedies hereunder or at law, Seller may in its discretion by written notice to Buyer declare the entire transaction terminated as of the date of the breach, or reduce the installments during the remainder of the term hereof to that quantity last ordered by Buyer.
Miscellaneous: No provision hereof or any other agreement may be modified, amended or rescinded unless by a written instrument executed by Seller and Customer. The failure of either party to insist in any one or more instances upon strict performance of any of the provisions of these Terms or any other agreement, or to take advantage of any of its rights, shall not operate as a continuing waiver of such rights. If Buyer breaches any of the terms herein, including failure to timely pay for any goods ordered, necessitating any collection efforts or legal action by Seller, the Buyer agrees that Seller shall be entitled to recover its reasonable costs incurred including, but not limited to, reasonable attorneys’ fees and costs. This transaction shall be governed by the laws of the State of New York, without reference to choice of law rules or to the Convention on Contracts for the International Sale of Goods. Any legal action or proceeding concerning the validity, interpretation and enforcement of these terms or any sale of goods by Seller, matters arising out of or related to these terms or any sale of goods by Seller or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of New York in the County of New York or of the United States of America for the Southern District of New York, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues and THE PARTIES WAIVE TRIAL BY JURY IN ANY SUCH ACTION OR PROCEEDING. Process in any such action may be served by registered or certified mail addressed to a party at its last known address.
TermsLMC rev 3.9.16