Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Komercos, or any trademarks or service marks owned by suppliers to Komercos. All materials contained on the www.Komercos.com website are subject to the ownership rights of Komercos and its suppliers. Customer shall have no right to copy or use any of the intellectual property of Komercos or its suppliers without Komercos’s permission.
Komercos shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Komercos in the conduct of its business.
Customer shall not assign any order, or any interest therein, without the prior written consent of Komercos. Any actual or attempted assignment without Komercos’s prior written consent shall entitle Komercos to cancel such order upon notice to customer.
NO THIRD PARTY BENEFIT
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
WAIVER, CHOICE OF LAW AND VENUE
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding its conflict of law rules, and venue shall either be in the state courts in Lake County, Illinois or the federal courts for the Northern District of Illinois.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
MODIFICATION OF TERMS
Komercos’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Komercos’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of Komercos’s terms and conditions by customer shall be binding upon Komercos, unless agreed to in writing by an authorized representative of Komercos. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Komercos’s acknowledgment, Komercos’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Komercos of any of the terms and conditions contained herein or in Komercos’s acknowledgment.
The terms and conditions in: (i) Komercos’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Komercos.