WEBSITE TERMS OF USE
Last Revised: August 1, 2015
Thank you for visiting this website ("Site"). By using this Site, you agree to these Terms of Use which govern your use of any website owned by Lawson Products, Inc. ("Lawson Products").
Your Consent to Our Privacy Policy: By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy (located at www.lawsonproducts.com) which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
Ownership of this Site and its Content: This Site, including all its content, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All content and intellectual property rights therein are the property of Lawson Products, Inc. or the material is the property of a third party and is protected pursuant to applicable copyright and trademark laws. You do not acquire ownership rights to any content viewed through this website. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
You are hereby granted, subject to these Terms of Use, a limited, non-exclusive, non-transferable license to view the screens and materials on this Site and to print only a limited number of copies of such screens and materials as is needed for your own non-commercial use in order to make a purchasing decision and to use the eCommerce functionality of the Site to make purchases subject to the Terms and Conditions of Sale (located at www.lawsonproducts.com) which is expressly incorporated herein.
This Site contains trademarks, service marks, trade dress, logos, product and service names, and graphics (collectively, "Trademarks") that are owned by Lawson Products or by third parties. You are not authorized to display, copy or use the Trademarks in any manner without the prior written permission of the rights owner.
Your Account: To access the Site or some of its resources, you may be asked to provide certain registration details. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with or use the Site, including any interactive features, are governed by our Privacy Policy.
If you are provided with or create a user name, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify Lawson Products immediately of any unauthorized access to or use of your user name or password or any other breach of security.
You certify, represent and warrant that all purchases made by employees/agents of your organization utilizing your Lawson Products account number are authorized purchases of your organization and are governed by Lawson Products' Terms of Sale.
Lawson Products has the right to disable any user name, password or other identifier whether chosen by you or provided by us at any time in our sole discretion for any or no reason, including if, in Lawson Products' opinion, you have violated any of these Terms of Use.
Submissions: You agree that all product reviews, ratings, remarks, suggestions, ideas, graphics or other information communicated to Lawson Products through this website ("Submissions") shall be the property of Lawson Products. You hereby irrevocably transfer, assign and convey to Lawson Products all right, title and interest in any Submissions. Lawson Products will not be required to treat any Submissions as confidential and will not be liable for any similarities of your Submissions to any future business operations of Lawson Products. Without limitation, Lawson Products will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature. You represent and warrant that you own or have all rights in and to your Submissions and have the right to assign them to Lawson Products, and that all of your Submissions comply with these Terms of Use.
Prohibited Uses: You agree not to:
- Use this Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party's use of the Site including their ability to engage in real time activities through the Site
- Use any robot, spider or other automatic device process or means to access the Site for any purpose including monitoring or copying any of the material on the Site
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent
- Use any device, software or routine that interferes with the proper working of the web
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web or the server on which the Site is hosted
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack
- Attempt to interfere with the proper working of the Site
- Use the Site to fraudulently misrepresent yourself as a bona fide purchaser
Disclaimer of Warranties: Although Lawson Products has attempted to provide accurate information on the Site, Lawson Products assumes no responsibility for the accuracy of the information. Lawson Products may change products or services at any time without notice. YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS"AND "AS AVAILABLE". LAWSON PRODUCTS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NEITHER LAWSON PRODUCTS NOR ANY PERSON ASSOCIATED WITH LAWSON PRODUCTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability: IN NO EVENT WILL LAWSON PRODUCTS, ITS SUBSIDIARIES, AFFILIATES OR THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO IT OR ANY CONTENT ON THE SITE. LAWSON PRODUCTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENTED EVEN IF LAWSON PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH JURISDICTIONS. OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW.)
Indemnity: You agree to indemnify, defend (with counsel acceptable to us), and hold Lawson Products, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. Lawson Products reserves the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
Links to Third-Party Websites: This Site may provide links to other websites operated by third parties. Because Lawson Products has no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Lawson Products shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Modification and Discontinuation: We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof), with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Waiver: Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Lawson Products of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability: If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect.
Governing Law, Jurisdiction and Venue: These Terms of Use will be governed under the laws of the State of Illinois without regard to its conflicts of law provisions. Venue for all actions or proceedings arising out of or relating to these Terms of Use will be exclusively in state or federal court in Illinois. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
Entire Agreement: These Terms of Use, the Privacy Policy, the Terms of Sale and all other terms and conditions posted on this website, or to which you agree as part of any program, promotion, or special feature administered by Lawson Products through this website constitute the sole and entire agreement between you and Lawson Products with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral with respect to the website.
Contact Us: If you have any questions about this website or these Terms of Use, please contact us at our email address: info@lawsonproducts.com.
TERMS AND CONDITIONS OF SALE
Last Revised: January 24, 2017
Welcome to Lawson Products, Inc. ("Lawson Products"). Thank-you for doing business with us. The following Terms and Conditions of Sale apply to all purchases and sales. Your purchase means you have accepted our Terms and Conditions of Sale in effect as of the date of purchase. Please read these Terms and Conditions of Sale carefully. Any other terms and conditions contained in any customer purchase order are not binding unless expressly agreed to by an officer of Lawson Products in a separate document. We reserve the right to impose purchase restrictions or limits at any time and to accept or reject any order. Lawson Products limits the sale of the products offered here to use by businesses and government entities. We do not sell to consumers.
Lawson Products' Terms of Website Use and Privacy Policy can be found at www.lawsonproducts.com and are hereby incorporated by reference.
Our catalog constitutes an original work. The catalog and the selections and arrangements of data therein compiled by Lawson Products are protected works and compilations under the U.S Copyright Act. All rights in Lawson Products, catalogs are reserved by Lawson Products.
PRICING AND OTHER CHARGES
Product Pricing: Prices listed are wholesale and are effective upon publication (or immediately when displayed on our website) and are subject to change without notice. All prices are quoted in U.S. dollars. We reserve the right to pass on any surcharges.
Other Charges: All orders are subject to applicable shipping, freight, taxes and processing charges. Shipping charges for ground service on all stocking orders are determined by using a flat rate table. This simplified table approach gives Lawson Products the ability to quote freight at the time of the order. Flat table charges are intended to approximate average cost to process and ship a package. In some cases, shipping charges may be less than or greater than Lawson Products' actual cost to process and ship. There are no additional charges for split shipments on stocking orders. Shipping charges for non-stocking orders and premium shipping services will be subject to additional charges. Carriers may impose surcharges, which vary by carrier and may change at the carrier's discretion. Lawson Products will pass on surcharges to the customer. Freight rates and surcharges may vary by geographic location. This freight policy may change in the future.
Minimum Order: $50 (U.S. dollars). You may be charged the minimum $50 on any order with a merchandise value of $50 or less.
PAYMENT TERMS
Standard Terms: For open account customers with established credit, standard terms are 1% ten (10) days, net thirty (30) days from date of invoice. If an open account customer fails to make full payment within thirty (30) days from date of invoice, Lawson Products may defer any further shipments or other orders, or cancel any portion of an unshipped order. Lawson Products further reserves the right to charge interest on overdue invoices at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law. All payments must be made in U.S. dollars. It is understood and agreed that you will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney's fees, collection agency fees and court costs incurred by us in connection with any collection action for payment of the amounts due herein. Lawson Products has the right of set-off and deduction for any amounts owed by customer to us.
Authorized Payment Methods: Lawson Products makes available certain payment methods through which you can provide payment information to us when you pay for your order ("Authorized Payment Methods"). Our Authorized Payment Methods are: providing payment information by telephone, providing payment information through our website checkout page, and providing payment information through a customer initiated electronic fund transfer. Lawson Products has implemented physical, technological and administrative safeguards to protect the information that you provide using one of these Authorized Payment Methods. If you do not use an Authorized Payment Method, and you submit payment information through some other method (such as via email or fax), then the safeguards provided by our Authorized Payment Method will not protect your payment information, and you provide such information at your own risk. We accept checks, C.O.D. and most major credit cards. We do not accept cash.
Security Interest: Customer hereby grants to Lawson Products 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 Lawson Products. Customer agrees to file, or permit Lawson Products to file, any financing statements or other appropriate documents with governmental authorities to perfect the validity, priority, and enforceability of Lawson Products' lien or security interest.
DELIVERY: All orders are shipped F.O.B. from Lawson Products' distribution facility or manufacturer's facility for drop shipments. Title and risk of loss pass to customer on delivery to the common carrier or upon customer pickup. Lawson Products uses various carriers for different regions. Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including, without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Any charges incurred for Other Freight Services must be paid by customer.
WARRANTIES
Limited Warranty: ALL PRODUCTS SOLD ARE WARRANTED BY LAWSON PRODUCTS TO CUSTOMERS SOLELY FOR USE IN BUSINESS OR GOVERNMENT. LAWSON PRODUCTS WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE OF PURCHASE FROM US, UNLESS OTHERWISE STATED. IF A PRODUCT IS ACCEPTED FOR RETURN UNDER THIS ONE YEAR LIMITED WARRANTY POLICY, WE MAY, AT OUR OPTION: (I) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT. SUCH REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FROM LAWSON PRODUCTS.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: EXCEPT AS SET FORTH HEREIN, LAWSON PRODUCTS MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY LAWSON PRODUCTS. LAWSON PRODUCTS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR NON-INFRINGEMENT. LAWSON PRODUCTS ALSO DISCLAIMS LIABILITY FOR PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION OR PRODUCT MODIFICATION. LAWSON PRODUCTS' OBLIGATION IS LIMITED ONLY TO REPLACEMENT OF DEFECTIVE PARTS OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE OF PRODUCTS OR SERVICES. IN NO EVENT SHALL LAWSON PRODUCTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE OF PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Lawson Products is also not responsible for computer, internet or electronic interruptions, strikes, labor slowdowns, war, terrorism, riots, extreme weather conditions, natural disasters or any other forces beyond our reasonable control.
Catalog Errors: Although all information in Lawson Products catalogs has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction. We regret any inconvenience.
RETURN POLICY
If you are not satisfied with a product, please contact us. We will promptly provide an exchange or refund (subject to quality assurance) for products returned (except for custom and hazardous materials) within ninety days of shipment that are in original packaging, in standard package quantity, in resalable condition and with proof of purchase from Lawson Products. To return merchandise, you must request a Return Merchandise Authorization ("RMA") from our Customer Service Department which is subject to our approval. Some merchandise is excluded from return. Exclusions include, but are not limited to, discontinued items, partial assortments, safety items, first aid items, consumable items, hazardous materials (including but not limited to lithium batteries, and flammable or corrosive substances) and specially ordered or custom made materials. Restocking fees may apply for items returned that are not in the standard package quantity, original packaging or in resalable condition or that have not been assigned a RMA. Customers are required to inspect all hazardous materials deliveries prior to acceptance of delivery. Once hazardous materials or non-hazardous materials that can become hazardous waste (e.g. broken light bulbs, leaking products) are accepted for delivery by you, Lawson Products is unable to take these items back. Shipping hazardous materials without authorization, using a Lawson Products prepaid return shipping label, can subject you to civil or even criminal penalties and fines by the appropriate federal agencies including the US Department of Transportation.
ENVIRONMENTAL AND SAFETY
Compliance with Laws: Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. Lawson Products relies upon information provided by its manufacturers and suppliers to ensure that the products are compliant with the laws of the jurisdiction into which the product is shipped. The information provided by the manufacturer/supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by Lawson Products to be accurate, however, Lawson Products shall not be responsible for how products are used or installed or for the product's conformance to national, regional, state, or local codes or regulations. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws regarding the purchase, use or installation of the products. The following are examples (but not a complete list) of prohibitions that may apply:
VOC (Volatile Organic Compounds) Limits: Lawson Products may be prohibited from offering certain products due to restrictions or requirements of various federal, state, local and other authorities having jurisdiction in these matters. VOC restrictions may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. Lawson Products relies on the manufacturer regarding the VOC content of their products and makes no representation or warranties regarding the information provided by the manufacturer.
California Proposition 65: Some products may contain certain chemicals and, therefore, be subject to warning requirements of California Proposition 65. Proposition 65 requires that packages of products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. Lawson Products relies on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer.
Mercury Containing Products: Some products may contain mercury and may, therefore, be subject to federal, state, or local regulations regarding their purchase, use, handling and/or disposal. Customers should consult the regulations applicable to their operations regarding these products. Lawson Products relies on the manufacturer regarding the mercury content of their products and makes no representations or warranties regarding the information provided by the manufacturer.
Lead Containing Products: Some products may contain lead and Lawson Products may, therefore, be prohibited from offering, stocking or shipping them to/from certain jurisdictions due to applicable restrictions. Customers should consult the regulations applicable to their operations regarding these products. Lawson Products relies on the manufacturer regarding the lead content of their products and makes no representations or warranties regarding the information provided by the manufacturer.
Material Safety Data Sheet ("MSDS") and Safety Data Sheet ("SDS") : An MSDS/SDS is a document that is required by the Occupational Safety and Health Administration (OSHA) and provides specific Safety, Health and Environmental information about a product deemed to be hazardous (e.g. Hazardous Ingredients, Physical Hazards, Health Hazards, Safe Handling, Control Measures and more.) Manufacturers or importers are required to produce MSDS/SDSs and employers are required to have them available for their staff as per OSHA's Hazard Communication Standard 29 CFR. 1910.1200. Lawson Products expressly relies on the evaluation of the chemical manufacturer/importer of the products it offers for sale. LAWSON PRODUCTS MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIBIALITY TO ANY CUSTOMER WITH RESPECT TO THE ACCURANCY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION ON ANY MSDS/SDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON SUCH INFORMATION. MSDS/SDSs will be provided via the following means: (i) accessing Lawson Products' website (lawsonproducts.com), (ii) using Lawson Products' toll-free number (866.529.7664) to request an MSDS/SDS by mail or facsimile, or (iii) contacting Lawson Products in writing requesting an MSD/SDS.
Handling and Disposal: Numerous federal, state, and local codes, regulations and laws may apply to the disposal of products. Customer is solely responsible for proper handling and disposal of purchased items and should review and ensure compliance with all such codes, regulations and laws.
EXPORT CONTROLS
Lawson Products' products and services are subject to U.S. export control laws, regulations and administrative policies. Customer acknowledges that it is familiar with such laws and regulations and it agrees to abide by them in all respects. Diversion of products and/or services contrary to U.S. law is prohibited. Customer understands that a license, written approval or other authorization may be required from the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State or other U.S. government agency prior to the export or reexport of these items from the United States. Customer further understands that it is unlawful to export, reexport or transfer, or to attempt to export, reexport or transfer these items to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to embargoed countries. It is the customer's responsibility to be aware of these lists and embargoes.
MISCELLANEOUS
Independent Contractors: Lawson Products and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate Lawson Products in any manner, nor will Customer represent to anyone that it has the right to do so.
Assignment: Customer shall not assign any order, or any interest therein, without the prior written consent of Lawson Products. Any actual or attempted assignment without our prior written consent shall entitle us to cancel your order upon notice.
Electronic Commerce: If Lawson Products and Customer mutually agree to use an Electronic Data interchange ("EDI") system to facilitate purchase and sale transactions, Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Lawson Products and Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Lawson Products regarding EDI purchases made by Customer shall be deemed to be conclusive.
Intellectual Property
Customer shall have no right to copy or use any of the intellectual property of Lawson Products or its suppliers without Lawson Products' permission. All materials contained in Lawson Products, Catalogs and Lawson Products' website are subject to the ownership rights of Lawson Products and its suppliers.
Performance of Services
In conjunction with Customer's purchase of products, Lawson Products may perform certain services for Customer off-site or on Customer's premises such as delivering, inventory management, or putting-away product (collectively, the "Services"). Customer will hold harmless and indemnify Lawson Products, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, related to performance of Services for Customer (including without limitation, settlement costs, attorneys' fees, and any and all other expenses for defending any actions or threatened actions).
Waiver
Our failure at any time to require performance of any provision of these Terms and Conditions of Sale or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Lawson Products of any breach of any provision of these Terms and Conditions of Sale or any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions of Sale.
Severability: If any provision of these Terms and Conditions of Sale is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions of Sale will remain in full force and effect.
Governing Law, Jurisdiction and Venue: These Terms and Conditions of Sale will be governed under the laws of the State of Illinois without regard to its conflicts of law provisions. Venue for all actions or proceedings arising out of or relating to these Terms and Conditions of Sale will be exclusively in state or federal court in Illinois. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.