New items added daily! Free shipping on all orders.
New items added daily! Free shipping on all orders.
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GENERAL TERMS:
In these terms and conditions of sale, Linton Lane Collectibles is hereinafter referred to as "Seller" and the party to whom this is addressed is referred to as "Buyer". This website will also hereinafter be referred to as the "Site".
All sales of Seller are subject to the following terms and conditions. Any purchase order or other communication from Buyer that contains terms and conditions in addition to or inconsistent with the following will not be binding upon Seller unless acceptance of those terms and conditions is made in writing by an authorized representative of Seller. Failure of Seller to object to provisions contained in any purchase order or other communication from Buyer will not be construed as a waiver of these terms and conditions nor an acceptance of any such provisions. Seller’s quotation, these terms and conditions and Seller’s order acknowledgment constitute the entire agreement between Buyer and Seller with respect to the sale of Seller’s products, and supersede all oral and written proposals, representations, understandings and agreements previously made or existing with respect to the sale of Seller’s products. Seller’s quotation, these terms and conditions and Seller’s order acknowledgment are governed by and must be construed according to the laws of the State of Wisconsin without reference to the laws of any other jurisdiction. Any action or proceeding relating to the sale of Seller’s products must be commenced and will remain in Wisconsin State Supreme Court, Shawano County, or in the United States District Court for the Eastern District of Wisconsin and Buyer consents to the jurisdiction of such courts.
All features, content, specifications, products, and prices of products and services made available on the Site are subject to change at any time without notice. We attempt to ensure that information made available on the Site is complete, accurate, and current. Despite our best efforts, the information made available on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information made available on the Site. For example, products indicated as available for purchase on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site.
We make reasonable efforts to publish information and display product images and colors on the Site and through the Services accurately, but we cannot guarantee that the color you see on your monitor will exactly match the product’s color. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.
PRICE QUOTES OR OFFERS:
Written quotes or price offers will automatically expire 24 hours from the time issued unless otherwise specified in the quote or offer. All price quotations or offers are subject to the terms and conditions of Seller’s regular form of order acknowledgment and the terms and conditions described in this document. All quotations, to be binding, must list the actual quantities required. A price quotation or offer from the Seller DOES NOT indicate that the items will be reserved for sale for the Buyer. All items will still be available for sale on the website until a final, accepted price has been determined between Seller and Buyer, and an order has been finalized by written order acknowledgement of said offer by the Seller. ALL SALES ARE FINAL AND ARE A LEGALLY BINDING CONTRACT TO PURCHASE THE ITEM.
ORDER CANCELLATION:
If Buyer cancels or repudiates Buyer’s obligations under an order, or Seller terminates its performance because of Buyer’s failure to perform in accordance with the these terms and conditions, Buyer shall pay to Seller the price of the products covered by the order, or for any such products as to which an action for the price is not permitted by law, damages equal to the profit (including reasonable overhead) which Seller would have received had Buyer fully performed, or, at Seller’s option, 25% of the price of such products as liquidated damage.
SHIPPING:
Shipping of orders shall be governed under the Seller's stated shipping policy. Shipping dates are estimated. If the Buyer delays in supplying information necessary to proceed with an order, the estimated date of shipment may be extended by Seller accordingly. Seller is not liable for late shipments. Any penalty clause for failure to meet shipment dates is not binding upon Seller unless specifically approved in writing by the Seller. If Buyer causes a delay in shipment, Seller may invoice Buyer and hold the products at Buyer’s risk, cost and expense pending Buyer’s instructions.
PAYMENT:
All payments are due prior to shipment of orders, unless otherwise specifically agreed to in writing by Seller. If Buyer defaults in any payments when due, Seller reserves the right to defer delivery or cancel the order, without prejudice to its other lawful remedies. In the event Seller engages the services of an attorney to collect such overdue amounts, Buyer agrees to pay the attorney’s fees and disbursements. Seller reserves the right to ship its order and make collection by sight draft with bill of lading attached or on a C.O.D. basis or any other terms. A finance charge of 1½% per month, which is an annual percentage rate of 18%, will be charged on all past due accounts.
TAXES AND OTHER CHARGES:
Buyer is responsible for payment of any retailer’s occupation tax, use tax, sales tax, duty, custom inspection or testing fee, or any other tax, fee or charge of any nature whatsoever, imposed by any government authority, on or measured by any transaction between Seller and Buyer.
FREIGHT, TITLE, AND RISK OF LOSS:
Unless otherwise specified in writing, all prices quoted are F.O.B. Seller’s warehouse, no freight allowed. Title and risk of loss pass to Buyer upon delivery to carrier.
ACCEPTANCE & PRODUCT RETURNS:
Buyer’s receipt of any products delivered hereunder shall be an unqualified acceptance of, and a waiver by Buyer of its right to make any claim with respect to such product. Any product returns are subject to Seller’s Return Policy.
WARRANTY:
All products sold are "as is where is," and without any warranty, as most items are prior used, with wear of varying degrees.
LIMITATION OF LIABILITY:
Seller will not be liable for damages to products, other property or persons due to improper use, storage or use after recommended time. SELLER WILL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, CONTINGENT, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. Seller’s liability with respect to a claim for any other damages arising out of or connected with the sale, purchase, non-delivery, use or performance of any product sold by Seller will in no event exceed the price paid for the product. Any claim by Buyer or any third party related to any products sold hereunder must be brought within thirty (30) days of the date of sale of the products giving rise to such claim.
FORCE MAJEURE:
Seller shall not be liable for its failure to perform hereunder if said performance is made impracticable due to any occurrence beyond its control, including without limitation acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, governmental laws, ordinances, rules and regulations, whether valid or invalid (including, but not limited to, priorities, requisitions, allocations, and price adjustments), inability to obtain raw material, equipment or transportation, and any other similar or different occurrence. Seller shall have the right to omit during the period of such occurrence all or any portion of the quantity deliverable during such period, whereupon the total quantity deliverable hereunder shall be reduced by the quantity so omitted. In no event shall Seller be obligated to purchase material from others in order to enable it to deliver material to Buyer.
INDEMNIFICATION:
If Seller is made a party to any proceeding, action or arbitration related to or arising out of the sale or use of any products, on the basis of breach of warranty, negligence, strict liability, tort or otherwise, by Buyer, or any persons deriving title from Buyer, or any third party, unless it shall be determined that Seller was solely and grossly negligent or solely at fault, then Buyer will indemnify and hold Seller harmless for all damages, costs and expenses in connection with such proceeding, action or arbitration, including attorneys fees.
TERMINATION & OTHER PROVISIONS:
These terms may not be modified or amended except by an agreement duly signed by the parties. Buyer may not assign any of its rights under these terms without the prior written consent of Seller. Any assignment of these terms shall be void and be grounds for immediate termination of any obligation of Seller to Buyer. Seller may also immediately terminate any obligation to Buyer if: Buyer fails to make any payment by the due date or to accept delivery of any products ready for delivery; any petition or proceeding shall be filed or instituted by or against Buyer under any bankruptcy, reorganization or similar law; Buyer becomes insolvent or unable to pay its debts as they mature or suspends its operations; or Seller has reasonable grounds for insecurity as to Buyer’s performance of its obligations to Seller, and Buyer fails to provide Seller adequate assurance of Buyer’s performance within 30 days of Seller’s demand. No failure by Seller to enforce at any time any provision of these terms shall be construed as a waiver of Seller’s right to act or to enforce each and every provision of these terms. In the event of (a) breach by Buyer of any provision of these terms, (b) Buyer’s cancellation of this contract, or (c) termination by Seller of its obligations in accordance with the terms of these terms, without limitation of any other rights and remedies of Seller, Seller may retain any deposit provided by Buyer or draw on any letter of credit issued to Seller.
Linton Lane Collectibles
N10343 County Road D, Birnamwood, Wisconsin 54414, United States
Call or text: (715) 449-4255
Copyright © 2022 Linton Lane Collectibles - All Rights Reserved.
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