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Contract
All offers, quotes and sales by ChicagOne Developers Inc. are subject to these
terms and conditions of sale in full consideration of customer’s privacy.
Acceptance
Upon delivery of products, Buyer agrees to these terms and conditions. The
terms and conditions stated herein shall prevail over any different or
additional terms and conditions proposed by Buyer and shall apply to the sale of
any goods in response to Buyer’s order. CHICAGONE DEVELOPERS INC hereby objects
to any different or additional terms and conditions, which may be proposed or
have been proposed by Buyer in any purchase order form or other document.
Privacy
This privacy notice discloses the privacy practices for (www.chicagone.com). This privacy notice applies solely to information collected by this web site. It will notify you of the following:
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ChicagOne only collects the information provided in our
forms through the web site, which is used only for
contacting the customer who has himself /herself
submitted the information and will be shared with no
other entity or company other than ChicagOne for contact
purposes only.
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Customers can contact ChicagOne regarding the use of
their data and request that it be removed or deleted
from our database.
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The security procedures in place to protect the misuse
of your information, include access only by our
administrative department for scheduling and contacting
a customer when necessary.
- Any inaccuracies in the information
gathered can be corrected by contacting our main office.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
To respect our
customers’ privacy, ChicagOne does not demand any credit card, check or other
financial information through means of the web site. Any information necessary
to complete a purchase will be inquired by phone.
Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at
773-783-2105 or
info@chicagone.com
Prices and Delivery
All quoted prices are subject to change without notice. Prices on accepted
orders remain firm for a period of 30 days from the date of order acceptance,
provided final delivery occurs within that period. Quoted prices are in U.S.
dollars F.O.B. CHICAGONE DEVELOPERS INC Warehouse, Markham IL, excluding
freight, packaging and taxes. Quoted delivery dates are approximate.
Freight Terms
Freight and shipping fees will be charged for shipments to a customer’s place of
business anywhere in the contiguous United States, using a carrier of our
choice. Other terms apply to Alaska, Hawaii, Puerto Rico, and export orders. Any
extra charges incurred for additional services, such as customer’s carrier or
special handling by the carrier, must be paid by the consignee
Inspection and Claims
All claims against CHICAGONE DEVELOPERS INC for shortages, damage, etc., must be
made in writing to CHICAGONE DEVELOPERS INC within fourteen days from the date
of receipt, otherwise all claims are waived. Buyer shall inspect all products
upon delivery and immediately notify the carrier of any defects, loss or damage
by telephone and confirm the same in writing to the carrier. CHICAGONE
DEVELOPERS INC cannot process any claim of the buyer concerning product
shipments unless Buyer notes its claim, in writing, on all delivery receipts
signed by the Buyer and Buyer otherwise complies and properly substantiates its
claim in accordance with the carrier’s requirements.
Risk of Loss
Full risk of loss, damage or destruction of the goods shall pass to Buyer upon
delivery of the goods, to the carrier at the point of shipment or upon delivery
at storage, whichever applies.
Force Majeure
If an order cannot be completed due to causes beyond CHICAGONE DEVELOPERS INC’s
control, CHICAGONE DEVELOPERS INC retains the right to either cancel the
unfinished portion of the order or complete the order if and when this becomes
possible. Buyer shall not have the right to withhold payment on delivered goods
and/or services. Force Majeure includes but is not limited to strikes, lockouts,
storms, floods, wars, revolutions, major equipment failures or fire damage at
production facilities, and other such acts of God or man.
Warranty
CHICAGONE DEVELOPERS INC warrants all supplied parts against defects in material
and workmanship for a period of five full years from date of sale with the
following exceptions: (1) all electric motors are warranted for a period of five
years and (2) all electronic components (automatic and radio control system
components) are warranted for a period of one year. If any part or component
does not function as intended during the warranty period, CHICAGONE DEVELOPERS
INC will, at its option, repair the part or furnish a replacement part to Buyer
free of charge. This warranty does not apply in cases of abuse, misuse,
misapplication or any defects due to faulty installation. CHICAGONE DEVELOPERS
INC disclaims all other warranties, expressed or implied including, without
limitation, the warranties of merchantability, fitness, burglar proof, and light
blockage.
Returns or Cancellations
No goods may be returned without the express written approval of CHICAGONE
DEVELOPERS INC. Cancellations are subject to CHICAGONE DEVELOPERS INC’s
acceptance, and a restocking charge of 20% of invoice value will apply on all
returned goods. Sales must be cancelled in the appropriate time allotted defined
by the state of Illinois.
Title
Title to the merchandise shall remain in ChicagOne Developers Inc until payment
to ChicagOne Developers Inc of full purchase price by Buyer. ChicagOne
Developers Inc retains the right to repossess, and any other remedies provided
by law.
Limited Liability
CHICAGONE DEVELOPERS INC’s liability for any and all claims, charges, expenses,
damages, losses and injuries arising out of or relating to its performance or
breach of any agreement of sale of goods and the manufacture, sale delivery,
resale, repair or use of any goods shall not exceed the purchase price of such
goods. This shall be Buyer’s sole and exclusive remedy against CHICAGONE
DEVELOPERS INC outside of the remedy provided for under CHICAGONE DEVELOPERS
INC’s warranty. In no event shall CHICAGONE DEVELOPERS INC be liable for
incidental, special or consequential damages.
Liens and Security Interest
Buyer shall not allow any un-discharged lien, encumbrance or charges upon the
goods supplied by CHICAGONE DEVELOPERS INC until CHICAGONE DEVELOPERS INC has
received payment in full for such goods. If any liens, encumbrances or charges
are filed against CHICAGONE DEVELOPERS INC goods prior to full payment, Buyer
shall discharge the liens, encumbrances or charges within ten days and reimburse
CHICAGONE DEVELOPERS INC for expenses incurred in defending its security
interest. Title to goods shall remain with CHICAGONE DEVELOPERS INC until full
payment has been received.
Statute of Limitations
Any action against CHICAGONE DEVELOPERS INC shall be commenced within one year
after the cause of action has accrued.
Arbitration, Indemnification and Choice of Law
1. Any legal action with respect to any transaction must be commenced within
one year after the cause of action has arisen.
2. Disputes arising under this agreement shall be decided under
procedures set by the American Arbitration Association. Buyer shall be liable
for all costs of collection, fees, expenses, court costs and reasonable attorney
fees.
3. Buyer expressly agrees to indemnify and hold CHICAGONE DEVELOPERS INC
harmless from all charges and liability from any party relating to actions under
this agreement. The rights and duties of the parties to this agreement and the
construction and effect of these terms and conditions shall be governed by the
laws of the State of Illinois.
Full Agreement
These terms and conditions represent the total agreement of the parties, and all
agreements entered into prior to or contemporaneously with the execution of this
agreement, other than as provided herein, are excluded whether oral or in
writing.
Payment Terms
Unless Buyer has an existing account with CHICAGONE DEVELOPERS INC and unless
otherwise agreed, all export sales are made on condition that Buyer make payment
in advance by credit card or wire transfer at the time of order, or that Buyer
establishes satisfactory credit with CHICAGONE DEVELOPERS INC prior to shipment.
For Buyers with established credit, terms are net thirty (30) days from date of
shipment.
Complete Agreement
The sales terms and conditions in CHICAGONE DEVELOPERS INC’s forms,
acknowledgements, quotations, invoices, catalog, web-site and dialog screens are
incorporated herein by reference, and constitute the exclusive and entire
agreement between Buyer and CHICAGONE DEVELOPERS INC. They are also applicable
to electronic orders and purchases from CHICAGONE DEVELOPERS INC’s web site and
electronic catalogs.
No Third Party Benefit
The provisions stated above are for the sole benefit of the parties hereto and
confer no rights, benefits or claims upon any person or entity not a party
hereto.
Waiver
The failure of either party to assert a right hereunder or to insist upon
compliance with any term or condition will not constitute a waiver of that right
or excuse any subsequent nonperformance of any such term or condition by the
other party.
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