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Terms and Conditions of Use
These terms and conditions of use govern your use of this web site, www.ervdealerservices.com.
When you visit or shop ervdealerservices.com you consent and agree to these
terms. Please read them carefully.
| Privacy |
Please read our Privacy Policy. It also governs your use of
this web site.
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| Electronic Communications |
When you visit www.ervdealerservices.com, you are communicating with
us electronically and consent to receive communications from us electronically.
We may communicate with you by email or by posting notices on this web
site. You agree that all notices, disclosures, agreements or other communications
we provide electronically satisfy any legal requirement that such communications
be in writing.
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| Intellectual Property |
All content on this web site, including, without limitation, the text,
graphics, web site design, icons, and images, is the property of eRV Dealer
Services. and eRV Dealer Services, owns the copyrights and trade dress rights
in the content, the selection, arrangement and compilation thereof. eRV
Dealer Services grants you a limited license to make personal use of this
web site. The license permits you to download and save a single copy of
pages on this web site for your own personal and non-commercial use, but
any other reproduction, copying, modification, redistribution, or republication
of any of the content of this web site in any manner without the express
written consent of eRV Dealer Services is strictly prohibited. You are also
prohibited from using this web site or any content for any resale or commercial
purpose or any exploitation of any part of the content of this web site
for the benefit of any other merchant.
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| Acceptance and Delivery of Orders |
All orders submitted by you to www.ervdealerservices.com constitute offers
to purchase that are subject to acceptance or rejection by us in Omaha,
Nebraska. Our acceptance of any order from you is expressly conditional
upon your assent to these Terms and Conditions of Use and we expressly limit
our acceptance of your order to such terms. Any additional or different
terms proposed by you in any manner are expressly rejected. We will not
be responsible for any delay in performance beyond our reasonable control
or beyond the control of our suppliers. You agree that shipping and delivery
dates are approximate and that time is not of the essence.
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| Payment Terms |
Payment shall be due and payable at the time you submit your order unless
otherwise specified at checkout and orders will not be shipped unless payment
or confirmation of payment is received in advance. If, for any reason, you
have a past due balance remaining unpaid, it will be subject to a delinquency
charge at the maximum rate permitted by law, and you agree to pay all our
costs of collection of past due amounts including, but not limited to, attorney
fees and court costs.
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| Claims and Risk of Loss |
For any merchandise which is defective in workmanship or material and
for which you make a claim within five (5) days after receipt of the merchandise,
we will elect to either repair, replace, or refund the purchase price. When
making such a claim, you must submit both the original packing slip and
the defective merchandise itself (or a sample thereof), unless we waive
these conditions in writing. This paragraph constitutes our sole obligation
as to the merchandise, and you acknowledge that this paragraph sets forth
your exclusive remedy for any breach of warranty or other duty related to
the merchandise or quality thereof. Any refund for merchandise shall not
include shipping and handling or replacement fees. At our discretion, we
may charge a restocking fee, not to exceed twenty percent (20%) for returned
merchandise. You bear all risk of loss from the time the merchandise is
loaded onto common carrier to be shipped to you, regardless of whether you
pay freight.
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| Disclaimer, Exclusion of Warranties |
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY,
MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES
WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED.
THE EXPRESS WARRANTY IN CLAIMS AND RISK OF LOSS HEREIN CONSTITUTES THE SOLE
AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL,
PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE WERE ADVISED
OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IN ANY
EVENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
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| Product Descriptions |
We will periodically add, change, modify and update this web site, including
without limitation these Conditions of Use and the Privacy Notice. We try
to be as accurate as possible, but we make no warranties or representations
that the content, including product descriptions, prices and depictions,
is accurate, complete, reliable, current or error-free and we assume no
liability therefore. If a product you purchased is not as described, your
sole remedy is to return it in unused condition.
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| No Waiver of Default |
Each shipment made under any order submitted by you on this web site will
be treated as a separate transaction, but we reserve the right to decline
to make further shipments or accept further orders without in any way affecting
our rights under any order. If, despite your default, we elect to continue
to make shipments, or accept further orders from you, such action(s) shall
not constitute a waiver of any default, or in any way affect our legal or
equitable remedies for any such default, or of any default at any prior
or subsequent time.
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| Amendments |
No amendment, modification or addition to these terms and conditions shall
be binding unless expressly agreed to in writing signed by us.
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| Miscellaneous |
Any waiver by us of any policy, term or condition applicable to your use
of this web site shall not constitute a waiver of any other policy, term
or condition. These terms and conditions shall be construed under and governed
by the substantive laws and not the choice of law rules of the state of
Nebraska. In the event of any dispute concerning the use of this web site
or any order placed on this web site, you consent to and agree that any
state or federal court in Douglas County, Nebraska shall have personal and
subject matter jurisdiction over you and this Agreement; that Nebraska has
the most significant contacts with the use of this web site, to the exclusion
of any other state; and that any legal dispute brought by either of us relating
to the use of this web site will be instituted in Douglas County, Nebraska.
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