By using this web site (this “Site”), you represent that: (i) you have read and agree to be bound by the terms and conditions set forth below; (ii) you have the capacity to be bound by these terms and conditions and (ii) you are acting on behalf of a company, commercial business or other legal entity and you have the authority to bind such company or entity. Edward Don & Company (“ Don”) reserves the right to change, modify or amend its Terms of Use or Terms of Purchase and the related material at any time and from time to time. Any changes may be made without notice and will be effective on the date such change is posted on this Site.

Use of This Site
This Site, its entire contents, all web pages found within this Site, and the materials and information on this Site are provided by Don and may be used for informational and transactional purposes only. Access to this Site is limited to viewing the information solely for legitimate business purposes.

Copyright, Trademarks and Other Materials
The information and other materials contained on this Site (including, without limitation, text, images, photographs, graphics, logos, audio and video clips, trademarks and service marks) are owned or licensed by Don or other parties, and are protected by copyright, trademark and other applicable laws. As such, the materials contained on or made available through this Site may not be reproduced, copied, edited, published, transmitted or uploaded in any way except as expressly provided herein. You may download one copy of the materials contained on this Site for your internal business purposes, provided that you do not modify or alter the materials in any way, nor delete or change any copyright or trademark notice. All other rights in the intellectual property contained on this Site including copyright, trademarks, trade secrets and patent rights are expressly reserved. Access to this Site does not constitute a right to copy, modify, publicly display, sell or resell any of the intellectual property of Don or others contained in this Site.

If you download software from this Site, such software (including all files and images contained in or generated by the software) and accompanying data, is deemed to be licensed (and not sold) to you as set forth below. You shall have a nonexclusive, nontransferable, personal license to use such software solely in its object code version. Without limiting the foregoing, you shall not: (i) alter, merge, modify or adapt any such software; (ii) reverse engineer, disassemble, decompile or otherwise attempt to access the source code of such software; (iii) disclose, lease, transfer or otherwise make such software available to third parties in any form or manner; or (iv) use such software for the benefit of any third parties (including in a service-bureau or time-sharing environment) or use the software for other than your internal business purposes.

Disclaimer; Limitation of Liability
All information that is provided on this Site is subject to change without notice. While efforts have been made to make this Site helpful and accurate, due to the open nature of this Site, and the potential for errors in the storage and transmission of digital information, Don does not warrant the accuracy of information obtained from this Site. ALL MATERIALS POSTED ON THIS SITE ARE “AS IS” AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. DON DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DON DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DON DOES NOT REPRESENT OR WARRANT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. IN NO EVENT SHALL DON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA, EVEN IF DON IS EXPRESSLY ADVISED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, TORT OR OTHERWISE.

Hypertext Links
This Site may be linked to other sites, which are not maintained by Don. Don is not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of Don. Don does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such site does not imply an endorsement, sponsorship, or recommendation, with respect to any third party’s site, or any products or services provided by a third party. Don disclaims liability for links (i) from another site to Don and (ii) to another site from Don. Once linked to another site, you are subject to the policies of the new site. In order to link to Don, all users must comply with Linking Terms.

Terms of Purchase
The Terms of Purchase contain Don’s conditions of sale. Placement of an order shall be deemed acceptance of each item contained in the Terms of Purchase.

Privacy Policy and Security
Information on customer privacy and security are contained in a Privacy Policy.

Indemnity
As a condition of your use, you agree to indemnify and hold harmless Don, its directors, officers and employees from and against any third party claim, action, damage or other liability (including reasonable attorneys’ fees) arising from or relating to your violation of these Terms of Use.

Governing Law; Limitations
These terms and Conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflicts of law, of the State of Illinois. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. You agree to file any such action only in the state and federal courts located in the State of Illinois, County of Cook. The provisions of the Uniform Commercial Code as adopted by the State of Illinois shall apply.

Separability
If any provision of these Terms of Use or Terms of Purchase are deemed invalid, illegal or unenforceable, such action shall not affect the validity of any other legal provisions or sections of these agreements.

Questions Regarding Terms of Use Questions regarding Don’s Terms of Use should be directed to Don at postoffice@don.com or Edward Don & Company, Attn: Customer Service, 2500 S. Harlem, North Riverside, IL 60546.

Linking Terms
By linking to the Don Site, all “Linkers” accept and acknowledge the following terms of linking:

Linker agrees that: (a) it will not at any time do or cause to be done any act or thing in any way impairing the image or reputation of Don; and (b) it will only link to the home page of this Site located at http://www.don.com. In connection with the use of the Don trademark or reference, Linker shall not in any manner represent that it is endorsed by Don or that Linker is acting in a representative capacity for Don. Without limiting the foregoing, you are expressly prohibited from framing any of the materials contained on this Site. Except for the uses set forth herein, Linker shall not utilize the Don name or its relationship with Don for any purposes of or in any manner, which intentionally gives rise to advertising or publicity, unless Don shall consent to such use in writing prior to publication.

Regardless of the foregoing, Don reserves the right to rescind this consent with or without cause at any time. In such event, Linker shall remove its link to the Site within 24 hours of receipt of notice from Don.

LINKER EXPRESSLY AGREES THAT THE USE OF DON MATERIALS AND SITE IS AT LINKER’S SOLE RISK. DON DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERUPPTED OR ERROR FREE. DON PROVIDES THIS ACCESS “AS IS” WITHOUT WARRANTY OF ANY KIND. DON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM USE OF ANY OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES DESCRIBED HEREIN.

Click here for Don Logo that can be used to link to the Site. Links should be pointed to http://www.don.com.

Terms of Purchase

Limited Warranty
All products sold are warranted by Don or the original manufacturer only to Purchasers for resale or use in business applications. Any part which is deemed to be defective in material or workmanship and returned to Don, shipping costs prepaid, will be, as the exclusive remedy, repaired or replaced, at Don’s option.

Warranty Disclaimer
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY DON. DON DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION. PRODUCT DESCRIPTIONS DO NOT EXPRESS OR IMPLIES A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

Limitation of Liability
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. DON’S LIABILITY IN ALL EVENTS IS LIMITED TO AND SHALL NOT EXCEED THE PURCHASE PRICE PAID.

Prompt Disposition
Don will make a good faith effort for prompt correction or other adjustment with respect to any product that proves to be defective within the manufacturer’s warranty period. Before returning any product contact Don via your assigned salesperson, customerservice@don.com or call 1-800-777-4DON for information and a return goods authorization number.

Availability
Inventory is maintained at appropriate levels to service expected business volumes. Periodically inventory may not be available due to circumstances beyond the control of Don. Availability is subject to change at any time. Don makes no representations or warranties regarding the accuracy or availability of inventory.

Product Suitability
While Don strives to ensure that its products comply with all laws, many states and localities have codes, ordinances and regulations that govern the transportation, acquisition and use of these products. As such Don does not warrant or guarantee compliance and cannot be responsible for how the product is used. Before purchase and use of a product, please review the local codes and regulations and be sure that the product or product use is in compliance.

No Warranties to Consumers
As noted in the Terms of Use, the purchaser has warranted that they represent a company or commercial business and as such Don makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

Manufacturers’ Warranties and Sales Literature
The manufacturer warrants most of the products supplied to Don to the final user. Copies of such warranties are available from the manufacturer. As a service, Don will obtain copies of warranties and guarantees from the manufacturer and will furnish them to purchasers who request them. Address these requests to Edward Don & Company, Attn: Customer Service, 2500 S. Harlem, North Riverside, IL 60546. Requests must include original order number and manufacturer model number for which a copy of a warranty is requested. Don assumes no responsibility for the content or accuracy of such warranties or sales literature by performing this service.

Additional Terms

Force Majeure
Don shall not be held liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Don in the conduct of its business.

Security Interest
On all open account sales, Purchaser hereby grants to Don a priority lien and/or purchase money security interest in the products and any accounts receivable or cash from resale thereof until full payment is made to Don. Purchaser agrees to file any financing statements or other appropriate documentation to assure the validity, priority, and enforceability of the lien.

Assignment
Purchaser shall not assign any order or any interest therein without the written consent of Don. Actual or attempted assignment without Don’s prior written consent shall be void.

Modification of Terms
Don’s acceptance of any order is subject to Purchaser’s assent to all of the terms and conditions set forth in these Terms of Use. Purchaser’s assent of these terms is presumed from Purchaser’s receipt of an acknowledgment of an order or from Purchaser’s acceptance of any or all of the products ordered. All other terms and conditions are expressly rejected, and no other additions or modifications are valid unless agreed to by Don and evidenced by a written agreement.

Trademarks and Copyrights
Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and the Purchaser covenants that it will take no action to register or otherwise interfere with such rights.

Complete Agreements
The terms and conditions in the Terms of Use, forms, acknowledgments, quotations, invoices and catalog or advisor terms and conditions are incorporated herein by reference and constitute the entire and exclusive agreement between the Purchaser and Don.

Independent Contractors
Don and Purchaser are independent contractors. Purchaser is not authorized to and shall not make any representations on behalf of Don or are binding upon Don.

Product Information
Don’s ability to keep information current and accurate is limited by manufacturers and other industry sources maintaining their information. THEREFORE DON MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE ACCURACY OF THE DATA CONTAINED IN ANY DON MATERIAL OR THE DON SITE.

Conditions of Sale
Prices herein are subject to change without notice. All items will be invoiced at current prices in effect on the date shipped unless other terms have been agreed and documented in a quotation.

Shipping and Handling/Sales Tax
Separate charges for shipping and handling will be shown on the invoice. Unless Purchaser provides Don with a valid and correct tax exemption certificate for the product ship-to location prior to Don’s acceptance of the order, Don is required to charge state and local tax as applicable.

Payment Terms
For Purchaser’s with open credit terms a payment due date will be indicated on your invoice. The due date is calculated from the date of shipment.

Returns
Product returns or credits require prior authorization from Don. Returns and credits are subject to the following:
-Special order (non-stock) and custom merchandise is not returnable, unless defective.
-Items returned due to customer error will be subject to a restocking and freight charge.
-No returns will be accepted after 30 days from invoice date.
-Freight claims should be made immediately with the carrier or within 48 hours to Transportation@don.com

Before returning any product contact Don via your assigned salesperson, customerservice@don.com or call 1-800-777-4DON for information and a return goods authorization number.

OSHA and HAZMAT
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are available from Don at customerservice@don.com. The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. Don, however, makes no warranty with respect to the accuracy or reliability of the information and the suitability of the recommendations. Don disclaims any and all liability to any user thereof.