Terms and Conditions THIS ORDER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF SALE 1. Acceptance. By placing an order for, and accepting delivery of, merchandise and services provided by Chicago Coding Systems, Inc. (herein “CCS”), Customer shall be deemed to have accepted all Terms and Conditions of Sale stated herein. 2. Limited Warranties, Remedies and Limitations. A. CCS warrants to Customer that, at the time of delivery, the merchandise sold hereunder will conform substantially to the description on the face hereof. CCS's liability and Customer's remedy under this warranty are limited in CCS's discretion to replacement of merchandise which are shown to CCS's reasonable satisfaction to have been non-conforming, or to a refund of the purchase price or, if not paid, to a credit in the amount of the purchase price against CCS's account balances or against future purchases, at CCS's election. B. CCS warrants to Customer that it will convey good title to the products sold hereunder. C. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE REMEDIES OF CUSTOMER FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN. IT IS FURTHER AGREED BY CUSTOMER THAT CCS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FROM THE USE OF SUCH MERCHANDISE OR FROM CONSEQUENTIAL DAMAGES. NO AGREEMENT VARYING OR EXTENDING THE FORE-GOING WARRANTIES, REMEDIES, OR LIMITATIONS WILL BE BINDING UPON CCS UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF CCS. 3. Entire Agreement. The contract between CCS and Customer consists in its entirety of the terms and conditions appearing on the face of this page and following pages of this document in lieu of all others and supersedes all previous communications, representations or agreements, either oral or written, between the parties and all of same shall be deemed merged into this agreement. No modification of this contract or quote shall be affected by Customer's purchase order forms or other documents containing terms or conditions different from or in addition to those contained herein nor by course of dealings by and between the parties. Any modification, amendment or change of these TERMS AND CONDITIONS OF SALE must be agreed to in writing, signed by both parties hereto and specifically referring to the contract or quote.
4. Force Majeure. CCS will not be liable for any delay in delivery or shipment of merchandise, or for any damages suffered by Customer by reason of such delay, when such delay is directly or indirectly caused by or in any manner arises from fires, floods, accidents, riots, acts of God, war, governmental interference, embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond CCS’s control. All orders which are accepted by CCS are accepted with the understanding that they are subject to CCS’s ability to obtain the merchandise listed on the Order as well as the ability of CCS to obtain the necessary materials to produce said merchandise. Therefore, there will be no liability on the part of CCS due to the inability to obtain merchandise listed on the reverse side of this Order.
5. Occupational and Safety Health Act. In the event that any merchandise listed on this Order violates any rules and/or regulations of the Occupational Safety and Health Act, or if said merchandise violates any state or local statutes, ordinances, rules or regulations which deal with the same or similar subject matter as the Occupational Safety and Health Act, Customer agrees to take no action whatever against CCS for any and all losses suffered by Customer which are the direct or indirect result of any penalties, fines or sanctions imposed on the Customer for said alleged violations or as a result of said alleged violations. Customer further agrees to provide CCS technicians with necessary safety training and safety equipment as required to perform work in the Customer’s facility. 6. Negligence. Customer agrees that CCS shall not be liable in any way for any damages to Customer’s property or personal injuries to Customer which are the result of installation of the equipment or function of said merchandise. Customer agrees to indemnify and save CCS harmless from all claims for damages to the property of and for personal injuries to Customer’s officers, agents and employees and all third parties which are the result of any negligent conduct on the pat of CCS relating to or in connection with said merchandise. Any mathematical or typographical errors appearing on this Order are subject to correction. 7. Severability. If any of the foregoing TERMS AND CONDITIONS OF SALE are found to be unenforceable by a court of competent jurisdiction, then only those portions of the foregoing shall be stricken and the remaining TERMS AND CONDITIONS OF SALE shall be enforceable. 8. Governing Law. This Order shall be deemed accepted in Illinois and any questions or conflicts which may arise under the TERMS AND CONDITIONS OF SALE thereof shall be governed by the laws of Illinois. If CCS deems it necessary to bring legal action to enforce any provisions herein or to collect any past due amount covered by this Order, Customer agrees to pay all collection costs including, but not limited to, arbitration, remediation, court costs, expenses and reasonable attorneys’ fees. 9. Systems Integration/Sub-Contracting. CCS will be responsible for coordinating the sub-contractors with Customer. This includes electrical (conduit, data cable, AC power, line-conditioners, etc.), conveyors, pneumatics and other related equipment (sub-contractors). Unless specifically identified in this Order, all purchase orders for service performed by sub-contractors is the responsibility of Customer. CCS does not imply warranty of the work performed by any sub-contractor unless specifically stated in this Order.
10. Scheduling. All installation work performed by CCS technicians is to be done upon completion of work by all sub-contractors. Whenever possible, CCS technician will attempt to work around sub-contractor delays or delays caused as a result of Customer’s need to schedule installation around production requirements. In the event this is not possible, Customer agrees to pay for the CCS technician to “stand-by” at the rate of $80.00 per hour. These fees are to be tabulated throughout the installation with a final invoice for stand-by time to be issued upon completion of the installation.
11. Receiving CCS Equipment at the Facility. Customer agrees to receive the CCS equipment in their facility and provide the equipment and personnel to move it to the secured storage area. After staging, Customer will also provide the equipment and personnel to move the CCS equipment in place for installation. Customer agrees to provide a SECURED storage area for equipment to be staged. This area must be equipped with a minimum of 4 power outlets for operating power tools. In the event the storage location is unsecured, Customer assumes responsibility for reimbursing CCS for any tools or equipment which are removed without permission. The CCS technician(s) is to be granted access to lavatories, wash-rooms, break areas, cafeterias, etc. throughout the installation. 12. Working Hours. Standard working hours for CCS technicians are 8:00 a.m. to 5:00 p.m. local time. Hours spent before or after these times are to be billed at $120.00 per hour. Weekend work is provided strictly on an “as available” basis and should be scheduled at least three (3) weeks in advance. Technician labor for weekend work is billed at $160.00 per hour from 8:00 a.m. to 5:00 p.m. and $160.00 per hour after those hours. CCS observes New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day and Christmas Day as holidays and CCS's plants are closed. Any merchandise delivered on the above days will require additional charge for the increased labor and/or delivery costs. Installation includes the first install of CCS equipment as per the agreed location. Equipment which must be moved to another location because of plant facility changes will require additional installation fees. Hours spent in support of previously installed equipment will be billed at the rate of $80.00 per hour. 13. Work Rules. CCS technicians must be authorized to perform all installation work. 14. System Administrator. Prior to beginning the installation, Customer will assign a system administrator who is immediately available for training and who is to be responsible for managing the data base, as well as insuring the proper use of the equipment by all line operators, and the proper maintenance of the equipment by maintenance personnel. The system administrator is to be responsible for training new employees on the proper use and maintenance of the equipment after the installation and formal training is complete. 15. Data Base. The system administrator assigned by Customer will be responsible for generating the data base after training has been completed and incidental message creation for verification of the system has occurred. Formats for entering messages into the data base are to be determined prior to installation of the equipment.
16. Order Cancellations. In the event Customer cancels the Order after this equipment has been shipped, Customer agrees to pay for return freight of equipment as well as restocking fees.
17. Custom Software/Hardware Provision. If this Order contains custom software/hardware and Customer chooses to modify or cancel Order, Customer agrees to pay for all engineering costs associated with the changes or cancellation, up to and including full quoted purchase price. Custom hardware charges will include all components of the system which cannot be returned to the vendor, as well as labor to design, process the Order and return of those components. Custom software cancellation charges will include all development time spent up to cancellation, including testing. Additionally, computer hardware which cannot be returned will also be billed at full price. Privacy Policy
Chicago Coding Systems does not sell or share customer information with entities outside of Chicago Coding Systems who may want to market to you their own products and services. You don't need to take any action for this benefit. Chicago Coding Systems uses your information to process applications, complete transactions, respond to your requests, deliver the products and services in which you inquire or order or for which you apply, and notify you of promotions, updates, or special offers that we think may interest you. We also use your information to provide you with a more effective customer experience while on our website. Chicago Coding Systems may also use the information that we collect from you online to market to you through alternative channels.
We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud, or protect the legal rights of Chicago Coding Systems, our customers, our websites, or its users.
Using Your E-mail Address
We may use your e-mail address for the following types of e-mail messages: Occasional Updates and Valuable Offers. We may send you e-mail updates about our products and services. Regularly Scheduled E-mail Newsletters related to Chicago Coding Systems products or services in which you are enrolled. | 
