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1. Delivery, Acceptance of Terms, Requests for Returns, Returns.
By accepting delivery from DoALL Company doing business as DGI Supply, a DoALL company ("DoALL") or its nominee, purchaser agrees to these Terms and Conditions. Failure to immediately request to return the merchandise described herein constitutes conclusive acceptance of the merchandise and of these Terms and Conditions. All returns must be authorized in advance and may be subject to a restocking charge. DoALL's invoice and packing slip constitute written confirmation of delivery; written reconfirmations of delivery are available at $30.00 per reconfirmation. Disputes as to actual delivery of merchandise must be submitted to DoALL within 30 days of initial receipt of invoice or statement for such merchandise. Purchaser agrees that merchandise described in DoALL's invoice(s) or statements(s) shall be conclusively deemed delivered and accepted if Purchaser does not dispute delivery within this 30 day period.
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2. Pricing and Charges For Goods, Taxes.
DoALL reserves the right to change prices or modify any catalog or brochure at any time. State and local tax will be charged unless a sales tax exemption certification has been provided to DoALL.
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3. Terms of Payment. Payment, in U.S. Dollars, is due upon delivery.
Credit terms, if approved, are 30 days from date of invoice (unless otherwise agreed in writing by an authorized representative of DoALL). DoALL reserves the right to apply payments received in DoALL's sole discretion.
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4. Consequences of Failure to Comply with Payment Terms.
Purchaser agrees to return, upon demand by DoALL, any merchandise for which payment has not been timely tendered. Purchaser agrees to reimburse DoALL for the cost, including attorneys fees, documentation fees, or other charges, incurred to collect any amounts past due. In the event DoALL submits collection of an unpaid account to a third-party collection firm, Purchaser agrees to pay DoALL a documentation fee to reimburse DoALL for (i) costs associated with requesting payment of the account, and (ii) costs associated with preparing such account for submission to collection specialists; the minimum amount of such documentation fee, per account to lesser of (i) 1.5% per month or (ii) the highest interest rate permitted by applicable law for any outstanding indebtedness to DoALL (including expense of collection) which is not timely paid. Purchaser agrees that any credit on any account is subject to a credit maintenance fee of 0.0834 of the credit per month that such credit is unresolved.
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5. Use of Products; Warranty and Liability Issues.
DoALL MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, OR THAT PRODUCTS WILL CONFORM TO ILLUSTRATIONS OR DESCRIPTIONS. ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED.
DoALL's liability is limited to, and in any event will not exceed, the purchase price paid. Purchaser agrees to operate the products purchased in a safe manner, not remove or alter any safety features of the product and indemnify and hold DoALL harmless from any claim or liability resulting from actions with respect to the product. DoALL does not guarantee compliance with any state or local codes and regulations governing suitability of products, and is not responsible for how the products are installed or used.
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6. Disputes, Delivery Deemed Conclusive, Governing Law, Jurisdiction.
In the event of any dispute, the books and records of DoALL shall be conclusive as to the amount and price of goods, due date, delivery date, and term and conditions. By accepting deliver of any merchandise from DoALL, Purchaser agrees that all matters related to any transaction(s) with DoALL shall be governed and controlled by the internal laws of the State of Illinois, and Purchase also thereby consents and submits to the Jurisdiction.
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