Terms and Conditions


GENERAL TERMS AND CONDITIONS OF SALE OF END OF THE COMMONS GENERAL STORE

Purchaser’s Acceptance of Terms and Conditions. The terms and conditions set forth in this document are intended to establish standard terms and conditions of sale for all sales End of the Commons General Store to the purchaser unless otherwise provided in a written agreement between End of the Commons General Store and Purchaser, and all such sales are made expressly conditional upon these terms and conditions. This document, together with the quotations, order acknowledgments, or invoices, specifications, and all supplements and attachments thereto issued by End of the Commons General Store from time to time, shall constitute the entire agreement ("Agreement") between End of the Commons General Store and Purchaser for each such sale. In the event of any inconsistency between these terms and conditions and the provisions on the quotation, order acknowledgment, or invoice or on any supplement attached thereto, the provision contained on the quotation, order acknowledgment, or invoice or on such supplement shall control. Additional or different terms provided in Purchaser’s order, which vary in any degree from any of the terms herein, are hereby expressly objected to and rejected. No waiver, alteration, or modification of these terms and conditions shall be binding unless in writing and signed by an authorized representative of End of the Commons General Store, and unless so accepted, are hereby objected to and rejected. These terms and conditions of sale may be modified from time to time by End of the Commons General Store, by notice to Purchaser. Each such modification shall be binding upon Purchaser with respect to all purchases occurring after the date of such modification. Any conduct by Purchaser which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Purchaser of this Agreement and all of its terms and conditions.

Orders. Orders may be placed online at www.endofthecommons.com or by telephone by calling 1-440-693-4295.

Prices. Prices, and other terms of sale and payment, are subject to change without notice.

Accuracy. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by End of the Commons General Store on this web site, but End of the Commons General Store is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Web Site or on any other web site.

Payment. All accounts are payable in United States funds, free of exchange, collection, or any other charges. Payments are due at the time of purchase. Online payments are transmitted across the Internet using the Secure Sockets Layer (SSL) protocol with data encryption. If Purchaser fails to make payment when due, End of the Commons General Store shall have the right to withhold shipment of any products under this or any agreement between End of the Commons General Store and Purchaser until such payment is made. Unless otherwise specified, if payment is not made on time, End of the Commons General Store, in addition to all other legal, equitable and contract rights, shall be entitled to interest on such overdue payment at the rate of 8% percent (8%) per month, or the maximum rate allowed by law, whichever is less. Interest shall not be charged on any overdue payment at a rate in excess of the maximum rate permitted by law. In the event of Purchaser’s default in any of its obligations, including payments within terms, Purchaser shall be liable and shall reimburse End of the Commons General Store for its cost of collection, including attorneys’ fees incurred in pursuing collection, whether or a not a lawsuit is filed.

Taxes, Duties and Other Charges. Unless otherwise specifically noted, the amount of any sales, use, occupancy, excise tax, or other tax (excluding federal, state or local income or franchise taxes of End of the Commons General Store), of any nature, federal, state, or local, for which End of the Commons General Store is legally liable, either initially or through failure of payment by Purchaser, shall be added or be in addition to the price quoted and Purchaser agrees to pay the same to End of the Commons General Store. Unless expressly agreed otherwise, Purchaser shall also pay all import/export duties, levies and impositions and all other governmental charges, assessments, fees, and any interest or penalties thereon, whether payable by End of the Commons General Store or Purchaser, imposed or levied on or with respect to this order, the amounts payable hereunder, the product or the possession, sale, use, furnishing or ownership of the product. Purchaser shall also be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the exportation or importation of the products into the designated country of importation, and it shall comply with all laws and regulations thereof. If Purchaser shall fail to pay and discharge such taxes, duties and other sums when due, End of the Commons General Store may, at its option, pay the same, in which event Purchaser shall promptly reimburse the End of the Commons General Store for such sums paid.

Cancellation and Suspension. The order or Agreement is subject to cancellation or instructions to suspend or delay delivery only upon receipt of written notification and with End of the Commons General Store consent.

Delays and Backorders. All promises of shipment are estimated as closely as possible, and End of the Commons General Store shall use commercially reasonable efforts to ship within the time promised but does not guarantee to do so, and assumes no liability for not doing so. Materials stated to be in stock are subject to prior sale. Occasionally a product will be placed on backorder by the manufacturer. In this case you will be notified promptly of the backorder via email or telephone. In extremely rare occasions the backorder date may exceed more than 14 business days beyond the time you placed your order. When the backorder date exceeds 14 business days from the time you placed your order, you will be given the option to leave the product on backorder or cancel your order. Backorders that are cancelled per policy will be refunded to your charge card or if you paid by check, a refund check from End of the Commons General Store for the full amount will be U.S. mailed to you.

Shortages and Damages in Transit. Claims for shortages, damages, or defect of a kind discoverable on inspection must be made in writing within ten (10) days after receipt of shipment, but loss of or damage to materials in transit is the responsibility of Purchaser and its carrier. All claims hereunder must be supported by documentary evidence in the form of exceptions taken on the delivery receipt. Failure to take such exceptions at time of receipt shall constitute an absolute bar to any claim.

Intellectual Property.
This website, including (but not limited to) text, images, code and the look and feel, are protected by copyright. You may download or print any information provided by Lehmans.com as long as it is only for your personal use. You may not, in whole or in part reprint, retransmit, distribute or reproduce any information unless you receive End of the Commons General Store prior written permission.

End of the Commons General Store® is a federally registered trademark owned by End of the Commons General Store as defined in this Agreement. You may not use End of the Commons General Store® in connection with any product or service that is not End of the Commons General Store in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits End of the Commons General Store reputation or good will.

END OF THE COMMONS GENERAL STORE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS WEB SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.

Limited Warranty; Guarantee. End of the Commons General Store is a distributor only. Products sold by End of the Commons General Store are not manufactured by End of the Commons General Store. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). END OF THE COMMONS GENERAL STORE MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCTS EXCEPT THOSE STATED IN THIS DOCUMENT. END OF THE COMMONS GENERAL STORE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

Purchaser’s Remedies. Notwithstanding anything in this Agreement to the contrary, but subject to the Limitation on Liability section below, if any product purchased from End of the Commons General Store is unsatisfactory, Purchaser may return such product for replacement of such product or, at Purchaser’s option, credit or refund of the sale price of the product. No allowance shall be made for any labor, charges of Purchaser for replacement of parts, adjustments or repairs, shipping, in-out cost or any other cost or expense, unless such charges are authorized in writing in advance by End of the Commons General Store.

Limitation on Liability. END OF THE COMMONS GENERAL STORE TOTAL LIABILITY TO PURCHASER FOR DAMAGES FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO ANY CAUSE WHATSOEVER IN RELATION TO THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR OTHER CAUSE (A "CLAIM") SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM RELATES. NOTWITHSTANDING THE FOREGOING SENTENCE, UNDER NO CIRCUMSTANCES SHALL END OF THE COMMONS GENERAL STORE BE LIABLE FOR ANY DAMAGES FOR LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, REVENUE OR OPPORTUNITY, CLAIMS OF THIRD PARTIES OR FOR INJURY TO PERSONS OR PROPERTY, OR FOR ANY OTHER SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND OR NATURE.

Indemnification. Purchaser shall defend, indemnify and hold harmless End of the Commons General Store and its affiliates, directors, officers, agents, servants, employees, successors and assigns against, and hold them harmless from and against and pay on behalf of or reimburse any and all claims, demands, actions, causes of action, suits, obligations, liabilities, losses, damages, deficiencies, expenses, judgments, settlements and compromises (whether or not arising out of third-party claims), including, without limitation for bodily injury, death, property damage, or economic loss, as well as any and all costs and expenses, including interest, penalties, reasonable attorneys’ fees, court costs, amounts paid in investigation, defense or settlement, and all indirect, special, incidental, consequential or punitive damages, relating to, resulting from or arising out of acts or omissions of Purchaser relating to or arising out of the use, operation, ownership or condition of any of the products purchased by Purchaser or the breach or non-performance of Purchaser’s obligations under these terms and conditions.

Force Majeure. Any delays in or failure of performance of End of the Commons General Store shall not constitute default or give rise to any claims for damages if and to the extent that such delay or failure is caused by occurrences beyond the control of End of the Commons General Store, including, but not limited to: acts of God or the public enemy, acts of government, acts of Purchaser, expropriation or confiscation of facilities; compliance with any order or request of any governmental authority, compliance with priority or allocation orders or preference ratings issued by the government, epidemics, quarantine restrictions, acts of war, acts of terrorism, rebellion or sabotage or damage resulting there from; embargoes or other export restrictions, wrecks or delays of transportation, inadequate transportation facilities, fires, floods, explosions, unusually severe weather, accidents, breakdowns; riots or strikes or other concerted acts of workmen, whether direct or indirect; or any other causes whether or not of the same class or kind of those specifically above named which are not within the control of End of the Commons General Store and which, by the exercise of reasonable diligence, End of the Commons General Store is unable to prevent or provide against.

Assignment; Binding Effect. No assignment of Purchaser’s rights hereunder may be made without the written consent of End of the Commons General Store. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Governing Law; Jurisdiction. The parties hereby expressly exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods, if the same would otherwise apply here. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio, United States of America, without regard to conflict of laws rules thereof. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement must be exclusively brought against either of the parties in the courts of the State of Ohio, County of Trumbull. Purchaser consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Purchaser hereby agrees that service of process on it in any such dispute may be affected by the means by which notices are to be given to it under this Agreement.

Binding Arbitration. The parties hereby expressly agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. End of the Commons General Store shall choose the arbitrator(s) and Purchaser hereby waives its right to choose such arbitrator(s) or have any input during the selection process.

No Waiver. The failure of End of the Commons General Store to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of the Agreement or to exercise any right there under shall not be construed as a waiver or relinquish of the future performance of any such term, covenant or condition or the future exercise of such rights, nor shall it be deemed to be a waiver or relinquishment of any other terms, covenant, or condition, or the exercise of any other rights under the Agreement.

Severability. In the event that any provision hereof shall be illegal, invalid or unenforceable, it shall not affect the legality, validity or enforceability of any other provision hereof and such illegal, invalid, or unenforceable provision shall be interpreted and modified by the parties so as to eliminate such illegality, invalidity and/or enforceability.

 

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