Terms and Conditions of Use
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
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
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
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
Disclaimer; Limitation of
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.
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
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.
Information on customer privacy and security are contained in a
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)
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.
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
at firstname.lastname@example.org or Edward Don & Company, Attn:
Customer Service, 9801 Adam Don Parkway, Woodridge, IL 60517.
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
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
Terms of Purchase
EDWARD DON & COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESSED OR IMPLIED OF ANY KIND
WITH RESPECT TO ANY GOODS SOLD BY IT, WHETHER AS TO WORKMANSHIP, PERFORMANCE, QUALITY, DURABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. THE ONLY WARRANTIES APPLYING TO THE GOODS
SOLD HEREUNDER ARE THOSE (IF ANY) SPECIFICALLY PROVIDED IN WRITING BY THE MANUFACTURER.
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
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, email@example.com or call 1-800-777-4DON for
information and a return goods authorization number.
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
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
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.
and Sales Literature
Copies of any applicable manufacturers' 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, 9801 Adam Don Parkway,
Woodridge, IL 60517. 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.
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.
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.
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 Purchase.
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.
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.
Don and Purchaser are independent contractors. Purchaser is not authorized to,
and shall not make any representations on behalf of Don, or binding upon
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 Charges/Sales Tax
Separate charges for shipping 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.
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.
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.
-Defective merchandise is subject to manufacturer's warranty only.
-Items returned 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
Before returning any
product contact Don via your assigned salesperson, firstname.lastname@example.org 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 email@example.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