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. The customer agrees to follow Liner World’s Warranty Policy.
5. Specifications of pool liners for the purpose of this agreement are defined here: Pool liner size and shape are approximations and not considered exact measurements. Liner gauge is considered as Liner World’s description of what is good quality and what is better than good quality. More specifically, 20 Gauge means: Liner World’s definition or opinion of what is good quality & 25 Gauge means: Liner World’s definition or opinion of what is better than good quality. These are not mathematical definitions or definable for purpose of this agreement, except that it is Liner World’s opinion. If you are ordering / purchasing a pool liner you are doing so based on Liner World’s definitions and opinions of the pool liner specifications. You agree to give Liner World the right to define these specifications, definitions, and declarations any way they see fit, regardless of the definitions, specifications, and declarations of the manufacturer, even if the manufacturer’s specifications, definitions, or declarations are differing, or completely opposite of Liner World’s definitions and opinions for the product being ordered.
6. Any form of written or verbal complaint or negative feedback by customer, to any forum whatsoever, including but not limited to internet complaint forums, gives Liner World the right to sue and collect $50 per day from the date of initial complaint until such complaints are removed, in addition to attorney’s fees. It I the purpose of this agreement to solve issues through correspondence first and then through a court of law and never through a complaint website or forum.
7. For efficiency, Liner World operates customer service through e-mail and not through the telephone. Customer agrees to correspond and resolve issues through e-mail and not by telephone. It is agreed that correspondence is not immediate but instead takes some reasonable time.
8. Upon order submission (clicking “Submit”) 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.
9. Cancellations of orders are not accepted. Once you click on “Submit” the order is deemed placed and not cancellable. The customer agrees to follow Liner World’s Cancellation Policy.
10. Orders that are delivered on or before 30 days from order date are deemed on time and within acceptable standards of excellent service.
11. 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, less a $50 restocking fee, less any handling fees from the 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. The customer agrees to follow Liner World’s Return Policy. If Liner World’s Return Policy is not followed, Liner World reserves the right to deny all returns without consequence.
12. 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.
13. I (the customer) hereby releases LinerWorld.com (a division of Diggers Pool Services, Inc.), the manufacturer, and distributor(s), 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.
14. The laws of the STATE of Illinois shall govern and construe this agreement.