CONSTRUCTION BOOK EXPRESS GUARANTEE
All purchases are 100% guaranteed within 30 days, if you are not satisfied with your purchase for any reason, Construction Book Express will give you your choice of a full credit, equal exchange, or your money back. Please prepay shipping and include a copy of your original invoice; we do not accept CODs. Custom orders are not returnable, unless the mistake is our error.
SALES POLICY: Identification is required from all Purchasers. Possession of our catalog does not constitute the right to purchase from Construction Book Express.
ANY AND ALL PRICES herein are subject to change without notice.
QUOTATIONS: Prices on large quantities or items not found in our catalog are available on request. Contact a Construction Book Express Customer Service Representative for assistance.
SALES TAX: Construction Book Express is required to charge state and local tax on items shipped to California for which sales tax exemption certification has not been provided. When ordering, please indicate clearly which items are tax exempt.
PAYMENT TERMS: For purchasers with established credit, terms are net 30 days from date of invoice. If credit is not established, please include payment with order or purchase through American Express, Visa, or MasterCard. Cash or anticipation discounts are not allowed. All payments must be in US dollars.
CREDIT BALANCE: Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND CONSTRUCTION BOOK EXPRESS SHALL HAVE NO FURTHER LIABILITY.
FREIGHT POLICY: FREIGHT IS PREPAID AND ADDED TO CUSTOMER’S INVOICE ON ALL ORDERS, unless otherwise stated, to customer’s place of business anywhere in the contiguous United States, using routing of our choice. Any extra charge incurred for additional services, such as customer’s carrier or special handling at the destination, must be paid by customer. If any item is backordered on an order qualifying for freight prepayment, that item will be shipped prepaid. Title and risk of loss pass to customer on delivery to the common carrier.
CLAIMS: If product was damaged in transit, please note the damage on the delivery receipt and obtain an inspection report from the truck line immediately. Then, contact Construction Book Express at 1-760-734-1113
SHIPPING HAZARDOUS PRODUCTS: Products considered hazardous for shipping will require special packaging, handling, and additional shipping charges. For specific details and charges, call 1-760-734-1113
EXCEPT AS DESCRIBED IN OUR GUARANTEE, THERE ARE NO EXPRESS WARRANTIES OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONSTRUCTION BOOK EXPRESS SHALL NOT BE SUBJECT TO AND DISCLAIMS:
(1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY,
(2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY CONSTRUCTION BOOK EXPRESS, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
(3) ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER.
CONSTRUCTION BOOK EXPRESS’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
Construction Book Express makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
Requests must include the Construction Book Express order number and the manufacturer’s model number of each product for which a copy of the warranty is requested. Construction Book Express may also furnish sales brochures and other literature of the manufacturer. Construction Book Express assumes no responsibility for the content of such warranties or sales literature by performing this service.
TRADEMARKS AND COPYRIGHTS
Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.
GOVERNING LAW; LIMITATIONS
These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Illinois, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Illinois, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
Construction Book Express shall not be 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 Construction Book Express in the conduct of its business.
MODIFICATION OF TERMS
Construction Book Express acceptance of any order is subject to purchaser’s assent to all of the terms and conditions of access and sale as set forth herein. Purchaser’s assent to these terms and conditions shall be presumed by Purchaser’s acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon Construction Book Express unless agreed to by Construction Book Express in writing.
Construction Book Express and Purchaser are independent contractors. Purchaser is not authorized to and shall not make any representations on behalf of which are binding upon Construction Book Express.
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.
The terms and conditions in Construction Book Express web site Terms of Access, Terms of Sale, Quotations, Invoices, and Catalog Sales Terms and Conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Construction Book Express.