DesignsteinLLC Standard Sales Terms and Conditions
Sales Policy
1. Prices.
Prices listed are wholesale, do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.
2. Sales Tax.
Designsteinllc charges sales tax on shipments made to the following states: Texas.
3. Payment and Credit Terms.
Designsteinllc accepts cash, company checks, Visa, MasterCard, Discover, American Express and PayPal. For customers with established Designsteinllc credit, payment terms are net thirty (30) days from the date of shipment or pick-up. All credit extended by Designsteinllc to customer, and the limits of such credit, is at Designsteinllc’s sole discretion, and may be reduced or revoked by Designsteinllc at any time, for any reason. Designsteinllc reserves the right to charge a convenience fee for late payments. Designsteinllc further reserves the right to charge customer a late payment fee at the rate of one and one-half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such lesser amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars. Designsteinllc shall have the right of set-off and deduction for any sums owed by customer to DesignsteinLLC
If customer fails to make payment within thirty (30) days of shipment or pick-up, or fails to comply with Designsteinllc’s credit terms, or fails to supply adequate assurance of full performance to Designsteinllc within a reasonable time after requested by Designsteinllc (such time as specified in Designsteinllc’s request), Designsteinllc may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.
Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Designsteinllc will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.
Security Interest. Customer hereby grants to Designsteinllc a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to DesignsteinLLC Customer agrees to file, and it permits and authorizes Designsteinllc to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Designsteinllc’s lien or security interest.
Credit Balance. Customer agrees that any credit balance(s) issued by Designsteinllc will be applied to customer’s account within one (1) year of its issuance. IF CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND DESIGNSTEINLLC SHALL HAVE NO FURTHER LIABILITY.
4. Designsteinllc reserves the right to accept or reject any order.
5. Note to Federal Customers:
Designsteinllc products are not offered through a GSA scheduled contract.
6. All items are sold for domestic consumption in the United States.
If exported, purchaser assumes full responsibility for compliance with US export controls.
Shipping Policy
Shipping Policy Exceptions: Standard shipping rates will apply for all orders to Alaska and Hawaii. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer. Fuel surcharges may be applied.
Designsteinllc only accepts orders for shipments within the continental US, Alaska and Hawaii and Canada. Orders to international destinations will not be processed. Designsteinllc does not ship to PO Box addresses.
Title and risk of loss pass to customer upon tender of shipment to the carrier.
UPS is our primary parcel carrier and we use a variety of carriers for LTL shipments.
Expedited Shipping Rules: To qualify for expedited shipping Designsteinllc must receive your order before 3:00PM CST Monday–Friday; all orders must weigh less than 150 lbs, and not contain any hazardous materials. Expedited orders only ship on business days; any orders placed on Saturdays/Sundays/Holidays will be processed on the next business day. If you have any questions please call our customer service department at 855‑BUY-DESIGNSTEINLLC (855-289-9676).
3rd Party Shipping: Third party items ship directly from the manufacturer and usually will be shipped within 2 weeks. Expedited shipping is NOT available for third party items. A confirmation email with tracking will be sent when your items ship.
Return Policy, Limited Warranty and Limitation of Liability
1. 30-Day Satisfaction Guarantee
If you are not satisfied for any reason products may be returned within 30 days of shipment for a full credit or exchange (provided the product is undamaged). Return documentation should clearly specify credit or exchange.
Returned items must be in the original packaging.
Our customer service hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. (CST).
Include a copy of the original order confirmation or packing slip with proof of purchase.
2. Business Customers’ Limited Warranty
Designsteinllc warrants any product purchased for use in business or resale against defects in workmanship or materials under normal use for a period of one year from the date of purchase. Any product determined by Designsteinllc to be defective in material or workmanship and returned to Designsteinllc shipping costs prepaid will, at Designsteinllc option, be repaired or replaced or the purchase price refunded.
3. Warranty Disclaimer and Limitation of Liability
DISCLAIMER AND LIMITATIONS. ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW.
LIMITATION OF LIABILITY. DESIGNSTEINLLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. DESIGNSTEINLLC’S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.
4. Manufacturer’s Warranty.
For information on a specific manufacturer’s warranty, please contact Designsteinllc at (325)227-6053
5. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Designsteinllc does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Designsteinllc accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
6. Cross-Reference Information.
Product cross-reference comparisons do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for customer’s intended use.
Product Information
1. Catalog/Website Information.
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any Designsteinllc catalog, literature or websites does not constitute the right to purchase products. Designsteinllc reserves the right to revise publishing errors in its catalogs or any of its websites.
Despite our efforts, occasional pricing errors may occur in the Designsteinllc catalogs and websites. Designsteinllc reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from DesignsteinLLC
2. Product Substitution.
Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.
3. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance.
Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. DESIGNSTEINLLC MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
7. Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Designsteinllc does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Designsteinllc accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
General Terms
1. Intellectual Property.
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Designsteinllc, or any trademarks or service marks owned by suppliers to DesignsteinLLC All materials contained on the www.Designsteinllctools.com website are subject to the ownership rights of Designsteinllc and its suppliers. Customer shall have no right to copy or use any of the intellectual property of Designsteinllc or its suppliers without Designsteinllc’s permission.
2. Force Majeure.
Designsteinllc shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Designsteinllc in the conduct of its business.
3. Assignment.
Customer shall not assign any order, or any interest therein, without the prior written consent of DesignsteinLLC Any actual or attempted assignment without Designsteinllc’s prior written consent shall entitle Designsteinllc to cancel such order upon notice to customer.
4. No Third Party Benefit.
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
5. Waiver, Choice of Law and Venue.
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 non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding its conflict of law rules, and venue shall either be in the state courts in Lake County, Illinois or the federal courts for the Northern District of Illinois.
6. Severability.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
7. Modification of Terms.
Designsteinllc’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Designsteinllc’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of Designsteinllc’s terms and conditions by customer shall be binding upon Designsteinllc, unless agreed to in writing by an authorized representative of DesignsteinLLC If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Designsteinllc’s acknowledgment, Designsteinllc’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Designsteinllc of any of the terms and conditions contained herein or in Designsteinllc’s acknowledgment.
8. Complete Agreement.
The terms and conditions in: (i) Designsteinllc’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and DesignsteinLLC
Designsteinllc Website Terms of Access
Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “Designsteinllc Property”), and the features at this Designsteinllc Property, are subject to these Terms of Access (“Terms”). The Designsteinllc Property is owned or controlled by Designsteinllc, and its parent company, subsidiaries, division, affiliates, and brands (“collectively Designsteinllc”). By accessing this Designsteinllc Property in any way, including, without limitation, browsing this Designsteinllc Property, using any information, and/or submitting information to Designsteinllc, you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations.
From time to time we may update this Designsteinllc Property and these Terms. Your use of this Designsteinllc Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Designsteinllc may, in its sole discretion, and at any time, discontinue this Designsteinllc Property or any part thereof, with or without notice, or may prevent your use of this Designsteinllc Property with or without notice to you. You agree that you do not have any rights in this Designsteinllc Property and that Designsteinllc will have no liability to you if this Designsteinllc Property is discontinued or your ability to access the Designsteinllc Property or any content you may have posted on the Designsteinllc Property is terminated.
By accessing or linking to this Designsteinllc Property, you assume the risk that the information on this Designsteinllc Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Designsteinllc Property at any time, without notice and without liability.
All information provided on this Designsteinllc Property is subject to change without notice. While efforts have been made to make this Designsteinllc Property helpful and accurate, due to the open nature of this Designsteinllc Property, and the potential for errors in the storage and transmission of digital information, Designsteinllc does not warrant the accuracy of information obtained from this Designsteinllc Property.
Access and Use of Designsteinllc Property
Access to this Designsteinllc Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Designsteinllc computer system or other information contained on the system for any purposes is strictly prohibited.
Designsteinllc Content
Content on this Designsteinllc Property that is provided by Designsteinllc or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Designsteinllc Content”) is the property of Designsteinllc and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Designsteinllc Content located on the Designsteinllc Property for use in any publications, in public performances, on websites other than this Designsteinllc Property for any unpermitted commercial purpose, in connection with products or services that are not those of Designsteinllc, in any other manner that is likely to cause confusion, that disparages or discredits Designsteinllc and/or its licensors, that dilutes the strength of Designsteinllc's or its licensors’ intellectual property, or that otherwise infringes Designsteinllc’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any Designsteinllc Content or User Content that appears on this Designsteinllc Property.
Use of the Designsteinllc Property and Posting Policy
The following requirements apply to your use the Designsteinllc Property: (a) you will not use any electronic communication feature of the Designsteinllc Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Designsteinllc Property for any commercial transactions that are unrelated to the purposes for which the Designsteinllc Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of the Designsteinllc Property you may be able to submit reviews and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Designsteinllc; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Designsteinllc, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Designsteinllc Property, or feature of the Designsteinllc Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Designsteinllc Property or features therein. Designsteinllc may cancel your account and delete all User Content associated with your account at any time, and without notice, if Designsteinllc deems that you have violated these Terms, the law, or for any other reason. Designsteinllc assumes no liability for any information removed from our Designsteinllc Property, and reserves the right to permanently restrict access to the Designsteinllc Property or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Designsteinllc Property, you hereby grant to Designsteinllc a limited, non‑exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Designsteinllc Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Designsteinllc or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) Designsteinllc receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Designsteinllc’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Designsteinllc’s use of any similar Ideas, whether based on your User Content, provided to Designsteinllc by third parties, or independently developed or considered by Designsteinllc, shall be without obligation to you.
Indemnification
You agree to indemnify and hold Designsteinllc, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Designsteinllc or this Designsteinllc Property.
Representations and Limitations of Liability
Designsteinllc makes no representations about the reliability of the features of this Designsteinllc Property, the Content, User Content, or any other Designsteinllc Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Designsteinllc makes no representations regarding the amount of time that any Content or User Content will be preserved.
Designsteinllc does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Designsteinllc without the prior review and written approval of DesignsteinLLC
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DESIGNSTEINLLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL DESIGNSTEINLLC BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DESIGNSTEINLLC’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL DESIGNSTEINLLC OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF DESIGNSTEINLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Cross Reference Information
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
Hypertext Links
This Designsteinllc Property may be linked to other sites which are not maintained by DesignsteinLLC Designsteinllc is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Designsteinllc of the linked sites. Designsteinllc disclaims any liability for links: (i) from another site to the Designsteinllc Property and (ii) to another site from the Designsteinllc Property.
Miscellaneous
These Terms will be governed by and construed in accordance with the internal laws of Texas without regard to conflicts of laws principles. These Terms operate to the fullest extent permissible by law. Accessing materials on this Designsteinllc Property by certain persons in certain countries may not be lawful, and Designsteinllc makes no representation that materials on this Designsteinllc Property are appropriate or available for use in locations outside the United States. If you choose to access this Designsteinllc Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
On certain areas of our Designsteinllc Property, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Designsteinllc Property, and you hereby agree to the terms of that Policy.
If Designsteinllc fails to act with respect to your breach or anyone else’s breach on any occasion, Designsteinllc is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Designsteinllc, and is accepted by you upon your use of the Designsteinllc Property. These Terms constitute the entire agreement between you and Designsteinllc regarding the use of the Designsteinllc Property. By using the Designsteinllc Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.