General Terms and Conditions

These General Terms and Conditions of Purchase (“Terms”) may be referenced in, and if so referenced in are applicable to, any Proposals, Orders and/or Invoices (collectively, “Referencing Documents”) for goods and services from Hagerman & Company, Inc. (“Hagerman”) and will be deemed incorporated into the terms of such document. These Terms, together with terms and conditions set forth in the applicable Referencing Document issued by Hagerman, comprise the agreement of Hagerman and the counterparty thereto (“Customer”) regarding the subject matter thereof, and supersede any prior or contemporaneous communications, writings, or negotiations between the parties, whether oral or written, other than any existing Purchase Agreement, Master Services Agreement or similar definitive agreement regarding the subject matter thereof, in each case executed by Hagerman and Customer. No course of prior dealing or trade usage will be deemed to modify, supplement or explain any term herein. Any additional or inconsistent terms in any document prepared by, or communication from, Customer, whether or not such terms attempt to materially alter this document and irrespective of Hagerman’s acceptance of payment for goods or services, shall be deemed rejected by Hagerman without need of further notice of rejection, and shall be of no effect or in any way binding upon Hagerman. Any reference herein to any document prepared or submitted by Customer will not be deemed acceptance by Hagerman of any term, condition, or instruction contained in such document unless and until such document is executed by Hagerman.

The following terms shall also apply, where applicable:

1. All prices are subject to federal, state and local use taxes and tariffs, where applicable.
2. Prices are subject to changes in manufacturer's/publisher's suggested prices occurring after the date of any Proposal issued by Hagerman. Any such Proposal expires thirty (30) days from date of issuance, or on the date indicated therein, whichever comes
3. Customer understands and agrees that training pricing displayed online may be inaccurate, and is therefore superseded by Hagerman’s current pricing tables reflected in a Proposal. Hagerman is not responsible for any errors in online
4. All Orders not paid in advance, even if accepted by Hagerman, shall be subject to credit
5. Payment by major credit card is accepted at the discretion of Hagerman, and only if provided within 5 business days of the Invoice date.
6. Return Policy – No goods purchased hereunder may be returned for any reason except as Hagerman may permit, in its sole discretion, and only with a Return Merchandise Authorization from Hagerman. Any permitted returns may be subject to a cancellation or restocking fee.
7. Unless otherwise noted herein, all orders for goods and/or services must be placed with:

Hagerman & Company, Inc.

P.O. Box 139, Mt. Zion, IL 62549
Phone: (217) 864-2326     FAX: (217) 864-2281

 

8. Acceptance of Orders: Orders will only be considered by Hagerman when they have been submitted in writing to Hagerman, or, if placed by telephone, when Hagerman’s acknowledgment has been confirmed by electronic mail, fax, or mail, and will be deemed accepted by Hagerman only when an Order or Invoice has been issued by Hagerman.
9. All goods are sold O.B. shipping point, unless otherwise specified.
10. In the event of any dispute hereunder between Hagerman and Customer, including if Hagerman undertakes any collection efforts for amounts owing under an Invoice, Customer shall, in addition to all amounts owing thereunder, be liable for and agrees to pay Hagerman’s reasonable costs and expenses (including court costs, and attorney and/or collection agency fees) incurred in enforcing Hagerman’s rights hereunder. These Terms, and the applicable Referencing Document, are governed by, and shall be enforced and construed in accordance with, the laws of the State of Illinois, without reference to its conflict of law provisions. In any action or proceeding arising in connection with this document or these Terms, including in connection with any goods or Services, Hagerman and Customer agree: (a) to exclusively bring any legal proceeding related hereto in a state or federal court of competent jurisdiction, in either case located in Cook County, Illinois; and (b) to knowingly, voluntarily, and intentionally waive their right to a jury trial and any right to pursue any claim hereunder on a class or consolidated basis or in a representative capacity, to the extent permitted by law.
11. The terms and conditions of this Referencing Document are and shall be treated as confidential to Hagerman, and neither this document nor the terms and conditions herein, as either may be amended or modified, shall be used for any purpose unrelated to the subject matter hereof, and shall not be disclosed to any third party.
12. Use of Autodesk products and services indicates acceptance of the applicable Autodesk End User Terms available at autodesk.com/terms.
13. Use of any Accruent products and services indicates acceptance of the applicable “Reseller End User License Agreement” available at https://www.accruent.com/reseller-end-user-license-agreement.