Terms & Conditions
CUSTOMER PORTAL - TERMS AND CONDITIONS
Effective: 3/25/2024
General
These Terms and Conditions (“Terms”) are a legal agreement between you (“Customer” “User,” “you” or “your”) and Ideal Industries, Inc. (“IDEAL,” “we,” “us,” or “our”) that governs the sale of products and orders placed through this website, except in instances where IDEAL and you have an existing or enter into a separate written agreement for the purchase of products providing separate terms of sale. If said agreement does not cover a provision contained in these Terms, then those uncovered provisions in these Terms shall apply. By accessing, viewing, using, downloading materials, making a purchase and/or accepting delivery of the products from the website, you agree to be legally bound, by these Terms. We may at any time amend these Terms and Conditions. You are encouraged to review the Terms as they contain important information regarding the terms and conditions which apply to you and your Account. We will inform you of any material changes to these Terms via e-mail to the e-mail account associated with your account. By continuing to use this website after such notice, you agree to be bound by the modified Terms.
Access Restrictions
The term “User Account” shall refer to the account created during registration which provides you with login credentials (a login ID and password) granting you login capabilities to the website. The term “Customer Account” shall refer to the business account established with IDEAL in order to conduct business with us. A Customer Account is represented by an account number starting with the letter “D” followed by five digits.
You acknowledge, represent and warrant that you have received a password which provides access to your User Account and that you are the sole and exclusive owner and are the only authorized user of such password and accept sole responsibility for use, confidentiality, and protection of the password as well as for all orders, requests, and information changes (i.e., change of address) entered into your User Account using such password. Should you become aware on any unauthorized use of your User Account, you will immediately notify us in writing, delivered via e-mail at: contactus@idealindustries.com.
You agree to provide IDEAL with accurate information and to provide updates when your circumstances change. You represent and warrant that the information you supply in your User Account profile, and all other information requested by us and provided by you is accurate and truthful.
You understand that access to User Accounts and Customer Accounts is granted at the discretion of IDEAL and can be revoked at any time. You agree to stop using a User Account when your position and/or place of employment have changed, thereby negating your need to obtain information for the Customer Account. Users who have been granted the right to serve as an administrator must take timely action to disable users' access to Customer Accounts when circumstances change in such a way as to impact the fiduciary need of information to that Customer Account. You further understand that access granted to new users is at the discretion of the customer administrator; IDEAL is not responsible for the privacy of information or order transactions performed by users who have been approved for access by a customer administrator.
We reserve the right, at our sole discretion, to refuse service, prohibit or restrict your access to the use of the website, and/or terminate your User Account or access to Customer Accounts. Termination of a User Account will not affect the rights and/or obligations of either party incurred prior to the date the User Account is terminated.
Prices, Taxes
All prices are in U.S. dollars. The pricing displayed on the website is confidential and must not be shared with third parties. Prices are subject to change without prior notice at any time before the issuance of an order acknowledgment. Pricing is based on a number of different factors and that the price provided by the website may not be the final price reflected on the order, including specific pricing quotes relevant to the order based on shipping address, date of the order, or quantity requested or use of a promotional code on the order. Prices exclude taxes, shipping, special handling fees, or duties. Applicable taxes and any other fees (e.g. shipping) will be added to the purchase price upon checkout.
Orders
All orders are subject to acceptance.We have the right to refuse any order placed, whether or not payment has been received, by giving you notice of non-acceptance within a reasonable time after receipt of the order. An order acknowledgment constitutes our acceptance of the order.. Minimum order of $1000.00 is required for Customers without an existing written agreement.
Orders for destinations outside of the United States will not be processed.
Order Cancellation or Changes
All product order cancellations must be approved by IDEAL and may be denied or subject to restocking fees and other charges. Any requested changes or cancellations should be sent to IDEAL Customer Service at contactus@idealindustries.com. Additions or revisions to orders already being processed cannot be made. Additions must be processed as new orders and meet new order requirements. Special or custom orders are non-cancellable after acceptance by IDEAL.
Payment Terms/Credit Terms
For Customers with existing written agreements, the payment terms are as contained in your agreement. For Customers without a contract, payments are Net 30 or Cash In Advance depending on Customer’s payment history.
Delivery
Delivery dates stipulated are estimated only and shall not be a material term. We will use reasonable efforts to fill your orders to the best of our ability. You may not cancel your order as a result of the late delivery of products.
Freight and Shipping Terms
The products shall be shipped FOB Shipping Point to the delivery location specified in the purchase order. IDEAL will determine the mode of transportation, selecting the freight carrier and for shipping costs, which will be added to the order. Title and risk of loss or damage shall transfer to Customer upon shipment of the products from IDEAL’s facility. Shipping claims are the responsibility of the Customer who should submit them in writing to IDEAL within 30 days of shipment date to contactus@idealindustries.com.
Product Availability
Product availability may vary from time to time. We may provide substitute products where the product has been superseded by a newer version. To the extent that orders cannot be completely fulfilled, the unfulfilled balance will (at the IDEAL’s option) either be put on back order to be fulfilled when the products become available or be cancelled and credited to your account.
Return Policy
Stock returns are allowed for customer in good standing (remained current on payments, is meeting stocking requirement) and with an offsetting order. Stock returns must not exceed 5% of the previous years’ annual purchase and the products being returned may not be obsolete for more than one (1) year. IDEAL does not take title to returned products until the item is received by IDEAL. Returned product must be in original packaging, unused, undamaged, and in saleable condition. Product returns may be denied or made subject to restocking fees and other charges by IDEAL.
Product Information
We attempt to ensure that the content on this website is accurate, complete, and current. However, we cannot guarantee that our website information is free from errors, inaccuracies or omissions relating to price, product description, availability or otherwise. We reserve the right to correct such errors or inaccuracies without notice. All product descriptions and information presented on the IDEAL website are made available solely for general information purposes. Any reliance you place on the website for product information is at your own risk. We disclaim any liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the e-commerce website, or by anyone who may be informed of any of its contents. Product colors may be affected by settings on your computer, or other devices from which you obtain access to the website.
Limited Warranty
We will accept returned Products that are found to be defective Products, as defined in IDEAL’s warranty, which are returned within the warranty period. Product warranty information can be found on the product packaging or at https://www.idealind.com/us/en/popular-items/product-resources.html under “Warranties.”
IDEAL’s sole obligation and your sole and exclusive remedy with respect to warranty claims shall be, at IDEAL’s option and expense, to repair or replace F.O.B. the original point of delivery any defective products.
For warranty service or warranty returns, please contact IDEAL Customer Service at contactus@idealindustries.com.
The foregoing remedies are exclusive and in lieu of all express or implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL IDEAL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION, LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PRODUCTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, DOWNTIME COSTS, DAMAGE TO OR LOSS OF USE OF PROPERTY OR EQUIPMENT OR ANY INCONVENIENCE ARISING OUT OF ANY BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY.
Intellectual Property
All content included in or made available through this website, including text, images, logos, graphics, downloadable files, and data compilations is the exclusive property of IDEAL and is protected by US and international copyright and trademark laws. Materials or content of this website may not be copied, distributed, downloaded, modified, reused, reposted, except as permitted herein, without the express written permission of IDEAL. Electronic documents may be downloaded solely for the purpose of personal or informational non-commercial use. You may not mirror or frame this website for rebroadcast or for any other purpose or alter any files or content of this website. The unauthorized use or misuse of IDEAL trademarks, copyrights, or content of this website, except as permitted, is expressly prohibited and may be a violation of intellectual property laws and common law. Except as expressly provided above, nothing contained on this website shall be construed as granting or conferring any license or right to use any IDEAL copyrights, patents, or trademarks.
Force Majeure
IDEAL shall not be liable for any delay in, or impairment of, performance or non-performance of any of its obligations resulting in whole or in part from a cause beyond IDEAL’s reasonable control, including without limitation, to acts of God, fires, floods, accidents, labor disruptions, acts of war or military authority, riots, vandalism, acts of terrorism (whether actual or threatened), governmental regulations, states of emergency, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, explosions, weather conditions, catastrophic events, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, or any other circumstance or cause beyond the reasonable control of IDEAL.
Assignment
You shall not assign any order, or any interest therein without the prior consent of IDEAL. Any attempted transfer in violation of the foregoing is void.
Waiver
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.
No Third-Party Benefit
These Terms are for the sole benefit of IDEAL and Customer, and confer no rights, benefits or claims upon any person or entity not a party hereto.
Dispute Resolution
In the event of any controversy or claim arising out of or relating to these Terms, the Customer and IDEAL agree to consult and negotiate with each other and recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If no settlement is reached within thirty (30) days, any unresolved controversy or claim arising out of or relating to these Terms shall be finally settled by arbitration in Cook County, Illinois, U.S., in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these Terms and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Illinois, U.S. The language of the arbitration shall be English.
Governing Law
These Terms and all transactions shall be governed by the laws of the state of Illinois, excluding its conflict of law rules, and to the extent allowed under these Terms, both IDEAL and Customer agree that venue for enforcement of an arbitration award shall be proper only in the state courts in Cook County, Illinois, or the federal courts for the Northern District of Illinois.
Authorization
You represent that you have authorization to accept these Terms and have the legal right and are duly authorized to make purchases on behalf of the business entity for which you have registered. You hereby agree to indemnify and hold IDEAL harmless against any breach of this representation.
Entire Agreement
These Terms set forth the entire understanding and agreement between Customer and IDEAL and supersede all previous proposals or communications, oral or written, between the parties relating to the subject matter of this Agreement. No modification of these will be binding unless it is in writing and signed by authorized representatives of both parties.
Severability
If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order, or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby, and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
Privacy
Our Privacy Policy, incorporated by reference herein, describes how your personal information is collected, used, shared, or otherwise processed by IDEAL. You can find our privacy policy here: https://www.idealind.com/us/en/legal/privacy-policy.html.
Customer Service
To contact someone directly about your order, please contact email Customer Service at: contactus@idealindustries.com.