Terms and Conditions
[Shipping and Sales Tax]
[Terms and Conditions]
Acceptance Of Contract Terms
The following are terms of a legal agreement between you and Cadence Supply Company (hereinafter "Cadence Supply"). By accessing, browsing and/or using this web site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. Provided you purchase any Goods or Products from Cadence Supply by using this Site, your purchase will be governed by the Terms and Conditions of Purchase contained in this Legal Disclaimer. Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by cadencesupply.com on this Site. Cadence Supply reserves the right, at its sole discretion, to periodically revise these Terms of Access, Terms of Purchase, and Terms of Registration.
Cadence Supply places extreme importance on protecting information transferred on this Site and security precautions are taken to protect all such information. Cadence Supply continually reviews and updates the security methods implemented to protect information transmitted via this Site, including measures to secure and protect all personally identifiable information from loss, misuse, and alteration. Even though Cadence Supply takes measures to protect and secure all customer-related information from loss, misuse or theft, Cadence Supply cannot guarantee that all electronic commerce is completely secure. Any access or attempt to access to other areas of Cadence Supply's computer systems or the information contained on Cadence Supply's computer system is strictly prohibited. This Site is controlled and operated by Cadence Supply from its offices located in Olympia Fields, Illinois, U.S.A.
Site Information Use
Cadence Supply makes no representation that materials in the Site are appropriate or available for use in other locations, especially international locations, and access to them from territories where their contents are illegal is prohibited. This Site and certain areas on this Site may be linked to other Sites that are not maintained by Cadence Supply and are not subject to the same Privacy and other Policies. Cadence Supply is not responsible for the content of these other Sites. A link to another Site does not imply an endorsement, sponsorship or recommendation of the Site and Cadence Supply disclaims any liability for the links to and from this Site. Any cross-reference comparisons or references to competing products contained on this Site do not imply or suggest that in all cases the performance or functional equivalency of the referenced comparison is perfectly comparable. Cadence Supply, at its sole discretion, may at any time revise or modify the information contained in this Site.
Information Collected And Transmission
Cadence Supply may collect, compile and utilize various types of information from the parties accessing or visiting this Site. Transactional information from companies or individuals that purchase products from our Site may be collected and used by Cadence Supply as a database or to provide subsequent products or services to such parties. Such information includes, but is not limited to, shipping information, credit card holder name and card number/expiration date. This information is considered essential to the performance of online transactions. Additionally, this information may be collected to aggregate statistical information, enhance system administration or to improve the content of the Site. The information we collect will help Cadence Supply effectively enhance this Site, expand product growth and better serve our customers, which will result in continued customer satisfaction. Cadence Supply may use the information collected to notify Site visitors of changes to this Site, to notify Site visitors of new products, and for any other legitimate and lawful business purpose. Cadence Supply may choose to share information with some specific third parties, such as suppliers, financial institutions, and third party service providers, and with any successor Cadence Supply interest. Cadence Supply may disclose information about any Site visitor in response to subpoenas, investigative requests (with or without subpoena) and other legal process, to uphold Cadence Supply's legal rights and defend against legal claims. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, profane or other material that could give rise to any civil or criminal liability under the law. Any material, information or idea you transmit or post on this Site by any means will be treated as non-confidential and non-proprietary. CADENCE SUPPLY WILL NOT GIVE, SELL OR OTHERWISE TRANSFER E-MAIL ADDRESSES MAINTAINED BY THIS SITE TO ANY OTHER THIRD PARTY FOR THE PURPOSE OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGE IN VIOLATION OF TITLE 15, CHAPTER 103 OF THE UNITED STATES CODE.
All remarks, suggestions, ideas, graphics or other information communicated to Cadence Supply through this Site will forever be the property of Cadence Supply. Unless otherwise specified in writing, all material submitted to cadencesupply.com will be presumed to be public and cadencesupply.com will not be required to treat such information as confidential. Cadence Supply shall have exclusive ownership rights of present and future existing rights in the information provided, without compensation to the person sending the information.
The copyright in all material provided on this Site is held by Cadence Supply or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Cadence Supply or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without Cadence Supply's written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any and all material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Cadence Supply and others. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Cadence Supply aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Cadence Supply or the Cadence Supply logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. Cadence Supply prohibits the use of the Cadence Supply logo as a "hot" link to any Cadence Supply site unless Cadence Supply approves the establishment of such a link in advance in writing. Additionally, this Site may contain third-party trademarks and service marks. All third-party marks are the property of their respective companies. Access to this Site does not constitute a right to copy or use any of the intellectual property of Cadence Supply or its suppliers. Statutory notice contained herein represents trademark status in the United States. Any questions concerning the use of these Trademarks and/or service marks or whether a Trademark and/or service mark that does not appear on this list is a Trademark and/or service mark of Cadence Supply should be referred to Cadence Supply at firstname.lastname@example.org.
Third Party Servicing
Disclaimer Of Warranty
The materials on this site are provided "as is" without warranties of any kind either express or implied. All information on this Site is subject to change without notice. To the fullest extent possible pursuant to the applicable law, CADENCE SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. CADENCE SUPPLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. CADENCE SUPPLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL CADENCE SUPPLY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, SOFTWARE DAMAGE OR EQUIPMENT DAMAGE ARISING OUT OF THE USE, OR INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CADENCE SUPPLY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. In the event your use of these materials results in the need for servicing, repair or correction of equipment or data, you assume any costs or expense for such needs.
Periodic Updating of these Terms and Conditions
Cadence Supply may update these terms and conditions from time to time. Check this Site periodically for updates. Updates shall be effective the date such update is posted on the Site.
Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The laws of the State of Illinois govern any claim relating to, and the use of, this Site and the materials contained herein. The Terms and Conditions contained herein will be construed, interpreted and applied exclusively in accordance with the laws of the State of Illinois, excluding conflict of law rules. Legal action with respect to any transaction must be commenced within one year after the cause of action occurs. The provisions of the Uniform Commercial Code as adopted by the State of Illinois shall apply, with no application of the United Nations Convention on Contracts for the International Sale of Goods.
U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Cadence Supply's proprietary rights in them.
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in Illinois and the arbitrator(s) will be bound by the applicable law of the State of Illinois.
Questions regarding Cadence Supply Company's Terms of Access should be directed to:
Cadence Supply Company
PO Box 223
Olympia Fields, IL 60461
Or, simply utilize Cadence Supply's On-Line Contact Us option.
Back to TopTerms Of Purchase
Product Selection and Suitability
Most products offered by Cadence Supply are obtained from multiple supply sources, located throughout the United States and internationally. Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Cadence Supply attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Cadence Supply makes every reasonable attempt to ensure the quality of these supply sources and the products they offer. As these products are dynamic and versatile, Cadence Supply shall not be responsible for how products are used or installed and the product's conformance to local or regional codes or regulations. Review the product materials and application, and relevant code, regulations or ordinances, to be certain that the product, its installation, and use will satisfy these requirements. In no event will Cadence Supply be responsible for any loss or damage arising out of Purchaser's improper selection, misapplication or misuse of a product.
Cadence Supply warrants, for a period of one (1) year after delivery, that all Products delivered to Purchaser hereunder shall be free from any defects in material or workmanship and in conformity with any applicable specifications. Such warranty only extends to Purchaser. Purchaser shall inspect Products within a reasonable time after receipt, and shall promptly notify Cadence Supply of any claimed defect or nonconformity. Any Products determined to be defective in material or workmanship must be returned, with an invoice and/or control number to a Cadence Supply branch or authorized location, shipping costs to be prepaid by Purchaser, within the one-year warranty period. Correction shall be made or replacement products shall be delivered by Cadence Supply, unless prevented by conditions not subject to Cadence Supply's control. This warranty shall not be applicable in the event of the misapplication or misuse of the Product by Purchaser. Cadence Supply makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. THE FOREGOING WARRANTIES ARE IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND CADENCE SUPPLY COMPANY EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY CADENCE SUPPLY, OTHER THAN WHAT IS PROVIDED IN THE ABOVE WARRANTY SECTION. CADENCE SUPPLY DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.
Limitation of Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CADENCE SUPPLY'S DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Cancellation and Returns
Cadence Supply must approve cancellation of any order prior to shipment. Orders for Special or Non-standard Products (not in the catalogue) may not be cancelled or returned. Any returns for shipping errors, damage or loss upon delivery must be reported within 10 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 30 days from the date of delivery to the Purchaser. Any cancellation or returns accepted after 30 days may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible. All returns should be made to a Cadence Supply branch or as otherwise designated by Cadence Supply, and must be in resalable condition and accompanied with an Invoice.
Purchaser grants to Cadence Supply a priority lien, purchase money security interest in the products and any accounts receivable or cash from the resale of the products until full payment is received, with respect to any sales on open account. Purchaser shall complete and cooperate with the submission of any documents necessary to validate or enforce Cadence Supply's rights hereunder.
Published Product Information
Cadence Supply reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the products contained in its catalogs. However, this information is dependent upon information distributed by and obtained from a manufacturer or supplier and is subject to change at any time. Cadence Supply reserves the right to revise catalog information at any time, without notice, and Cadence Supply will not be responsible for any pricing errors contained therein. CADENCE SUPPLY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS CATALOGS.
Cadence Supply will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.
These Terms and Conditions shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the State of Illinois, United States of America. Any legal action must be filed and commenced within one year after it arises. 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. The Uniform Commercial Code as adopted by the State of Illinois will be applied, without application of any similar state or international law or treaty.
The relationship between Cadence Supply and Purchaser shall be that of an independent contractor. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations shall not effect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law. Purchaser shall not assign any order or interest therein to another party, without the written consent of Cadence Supply.
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in the State of Illinois and the arbitrator(s) will be bound by the applicable laws of the State of Illinois.
These terms and conditions, including the Terms of Access, Terms of Registration, order forms, quotations, invoices and catalog sales terms and conditions contained in Cadence Supply's Website are incorporated by reference herein and constitute the exclusive and complete Agreement between Cadence Supply and Purchaser.
All orders must be received with a cash payment or purchased through Visa or MasterCard. For approved Purchasers with established and acceptable credit, the terms of purchase are Net 30 days from date of shipment. All payments must be in U.S. Dollars. Any credit applied to the account of Purchaser must be used within one (1) year and any credits remaining after this time period will be subject to cancellation if not used or requested. If an open account Purchaser fails to make full payment within thirty 30 days from date of shipment, Cadence Supply may defer any further shipments or other orders, or cancel any portion of an unshipped order. Cadence Supply reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney's fees and costs incurred by Cadence Supply in connection with any collection action for payment of the amounts due herein.
Applicable state and local tax will be charged on orders, unless Purchaser provides Cadence Supply with an exemption certificate. Note your tax-exempt status when ordering.
Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier.
With prior approval, Cadence Supply and Purchaser may agree to be bound by transactions performed through Cadence Supply's e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail and such transactions will be subject to the terms and conditions contained herein. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required in order to have a legally enforceable electronic commerce transaction, which will honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party in order to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered into between Cadence Supply and Purchaser concerning electronic data interchange.