TERMS AND CONDITIONS

  1. This confirmation is expressly made conditional on Buyer's assent to all of the terms and conditions hereof, and failure to object in writing to such terms and conditions within 10 days after receipt hereof, or acceptance by Buyer of the goods described on the front side hereof, shall be deemed and assent to all of such terms and conditions.
  2. This confirmation contains a final, complete and exclusive statement of the terms and conditions of the agreement between Buyer and Seller relative to the sale of the goods described or referred to on the front side hereof, and there have been no verbal understandings or agreements or warranties relative thereto other than those herein stated. No change, termination or attempted waiver of any of the provisions hereof shall be binding upon Seller unless in writing and signed by an authorized manager of Seller. No manager or other agent of Seller is authorized to agree to any change, termination or waiver of the provisions hereof in any other way. The waiver by Seller of any terms, provisions or condition hereof shall not be construed to be a waiver of any other term, condition or provision hereof, nor shall such waiver be deemed a waiver or subsequent breach of the same condition or provision. In the event Buyer shall default in its obligations under the agreement, Buyer shall be liable for Seller's cost of collection, including reasonable attorney's fees.
  3. None of the terms, provisions and conditions of this Confirmation and/or agreement (herein after called "Agreement") resulting from Buyer's failure to object to any of the terms and conditions of this Confirmation as aforesaid or Buyer's acceptance of the goods described or referred to on the front side hereof may be modified, altered or added to accept by written instrument signed by a duly authorized agent of Seller.
  4. SELLER PROVIDES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND WARRANTIES FOR FITNESS FOR PURPOSE). Pool liners come with the manufacture limited warranty only. Failure by Buyer to respond in writing within 10 days of receipt of product shall be an admission by Buyer and conclusive proof that all manufacture warranties, safety stickers, and placards were delivered by Seller and received by Buyer. In the event that a warranty claim is made with the manufacturer, Seller is not obligated or liable in any way whatsoever for incidental or consequential damages (including, but not limited to cost of redelivery, installation or reinstallation of such component to the whole, reinstallation or redelivery of the entire item itself, water or chemical loss, wind or seasonal damage to any pool part or component). Seller neither assumes nor authorizes any person to assume for it any other or different obligation or liability in connection with the goods described on the front side hereof.
  5. Upon delivery or tender of the goods described on the front side hereof F.O.B. at Seller's place of business, all risk of loss, delays and other incidents of ownership shall immediately pass to the Buyer, but title to such goods will be retained by Seller as security for Buyer's performance until payment in full is received.
  6. Each delivery shall be conclusively deemed in accordance with the agreement, unless a) Within 10 days of receipt of goods by Buyer, b) Buyer submits in writing a Claim for Return of said goods, c) Buyer pays for shipping and ships returned goods back to Seller in original packaged form, unopened and unused, d) Seller issues a full refund or credit for the original purchase price, e) Seller issues, and Buyer agrees to be charged, a 45% restocking fee to Buyer's credit card used in original transaction. No Return claim will be allowed for goods after the original packaging has been opened. No Return claim will be allowed if the original seal tape is cut or removed; the package shall be deemed opened and not returnable, and the Seller will not accept the Return delivery. No claim shall be made by Buyer, which is in excess of the purchase price for such specific item claimed. No claim will be allowed for goods after they have been used or where assembly of such item has been commenced and no claim will be allowed for damage done to goods that have been improperly shipped, stored or installed.
  7. Seller shall in no event be liable for incidental or consequential damages resulting from its breach of any of the terms of the agreement, or in the event the goods described of the front side hereof do not conform to specifications. Seller shall in no event be liable for Buyer's special or consequential damages.
  8. I have read and agree with "Notice to Above Ground Pool Owners" and hereby release LinerWorld.com ( a division of Diggers Pool Services, Inc.), the manufacturer, and distributor, from any and all responsibility of liability for injuries or damages to the user, or to any other person. I agree NOT to make a claim against or sue LinerWorld.com, Diggers Pool Services, Inc., the manufacturer, and distributor for injuries or damages resulting from the use of this product.
  9. The laws of the STATE of Illinois shall govern and construe this agreement.