Business Policies
These terms and conditions constitute a binding contract between Customer and Lakeshore IT Solutions (“Lakeshore IT”) and are referred to herein as either “Terms and Conditions” or this “Agreement”. By making a purchase, either by phone, email, facsimile, website, or otherwise, Customer accepts this agreement. These Terms and Conditions are subject to change by Lakeshore IT without prior notice. At the time the Customer initially places, modifies an order, or signs a statement of work, the Terms and Conditions posted on the site will govern the order in question, unless otherwise agreed in writing by Lakeshore IT and Customer. Any general description of the types of products or services and results thereof posted on Lakeshore IT’s website or mobile application do not constitute part of the agreement between seller and customer.
By accepting delivery of the products and/or services identified on the invoice, statement of work, or other Lakeshore IT documentation to provide product or procure or perform any services, Customer agrees to be bound by and accepts this agreement unless Customer and Lakeshore IT have signed a separate agreement, in which case, the separate agreement will govern.
This Agreement constitutes entire agreement between Customer and Lakeshore IT pertaining to the purchase or sales of goods or services. Modification or termination of the Agreement, with regard to good or services that have been purchased or sold, may only be done in writing and signed by an authorized agent of Lakeshore IT. Under the Agreement, electronic records (including signatures), that are otherwise valid, shall be accepted. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the internet. Customer may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Lakeshore IT.
A purchase order may be issued by Customer for administrative purposes only. Additional or different terms and conditions in any such purchase order will be considered material altercations to this Agreement, are expressly rejected, will be null and void, and will not be binding upon Lakeshore IT. Lakeshore IT Terms and Conditions shall prevail in the event of any conflict between the terms and conditions on any order. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions or any purchase order or invoice
Where products or services are ordered in a statement of work, each statement of work hereby incorporates these terms and conditions and constitutes a separate agreement with respect to the products or services ordered. Lakeshore IT Lakeshore IT statement of work. In the event of an addition to or a conflict between any term or condition of the statement work and these terms and conditions, these terms and conditions will control, except as expressly amended in the applicable statement of work by specific reference to this Agreement. Each such amendment will be applicable only with respect to such statement of work and not to future statements of work.
Governing Law
This Agreement, any sales of products hereunder, any statements of work, and any services hereunder will be governed by the laws of the state of Illinois, without regard to conflicts of law rules. Any arbitration, enforcement of an arbitration or litigation arising out of this Agreement, must be brought exclusively in a court of competent jurisdiction in Lake County, Illinois or the United States District Court for the Northern District of Illinois and the parties consent to the jurisdiction of such courts, and waives the right to seek to change venue and waive any arguments as to forum non conveniens.
Limitation of Liability
Lakeshore IT will not be liable to Customer for any indirect, incidental, punitive, special, or consequential damages, including without limitation loss of income, profits, goodwill, operational efficiency, data and software (lost, damaged, or corrupt), use or information, arising from this Agreement regardless of the form of action or theory of relief, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Lakeshore IT will not be liable for products or services not being available for use or for lost, damaged or corrupted software or data. Any liability for direct damages arising under this Agreement, regardless of the form of action or theory of relief, is limited to the purchase price of the product or service. No action arising out of the transactions under this Agreement may be brought by either party more than one (1) year after a cause of action has arisen. Lakeshore IT is not liable for any claim made by a third party or made by Customer for a third party.
Force Majeure
Lakeshore IT will not be liable for failure to fulfill its obligations under this Agreement or delay in delivery or performance due to cause beyond it reasonable control, including without limitation pandemics or loss of third party telecommunications, connectivity, or similar infrastructure. Lakeshore IT’s time for performance of any such obligation will be extended for the time period of such delay, or Lakeshore IT may, at its options, cancel any order or remaining part thereof, without liability, upon notice to Customer.
Copyrights and Trademarks
Copyright © 2024 Lakeshore IT Solutions, Inc. All rights reserved. All trade names and trademarks are the properties of their respective owners.
Title; Risk of Loss
Title to goods herein purchased are retained by Lakeshore IT until goods are paid for in full by the Customer, including any and all applicable costs and charges that may include freight charges, taxes, interest, late fees, and collection costs. Upon payment in full for such goods, title shall pass to Customer. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and Customer’s rights therein are contained in the license agreement between such licensor(s) and Customer. If loss or damage occurs during shipping by a carrier selected by Customer, the loss or damage will be the responsibility of the Customer. If loss or damage occurs during shipping by a carrier selected by Lakeshore IT, the loss or damage will be the responsibility of Lakeshore IT.
Sales Being Exported Outside of US
Customer acknowledges that the equipment may include technologies and software that are subject to export control regulations in the United States of America. The Customer is solely responsible for adherence to these restrictions in case the Customer exports or re-exports the equipment and the Customer agrees to indemnify and hold Lakeshore IT harmless from, or in connection with, any violation of such export restrictions by Customer, or its employees, consultants, agents, or customers. Many of the manufacturers’ warranties for exported goods vary and may even be null and void if goods purchased are exported outside the United States of America. Customer should inquire further regarding any questions of product exportation. Lakeshore IT shall have no liability for any import or export duties or taxes, the loss of any warranty or any other coverage, due to the Customer’s export of any products purchased from Lakeshore IT.
Pricing and Availability Disclaimer
Prices are subject to change at any time without notice prior to Lakeshore IT’s acceptance of Customer order. For all products, offers, and prices, Lakeshore IT reserves the right to make adjustments due to manufacturer price changes, supplier price changes, changing market conditions, errors in advertisement, product discontinuation, product unavailability, and other extenuating circumstances. All orders are subject to product availability and the availability of personnel to perform the services, therefore, Lakeshore IT cannot guarantee that it will be able to fulfill Customer’s orders. If services are being performed on a time and materials basis, any estimates provided by Lakeshore IT are for planning purposes only.
Orders; Payment Terms; Taxes; Interest; Late Fees
Orders are not binding upon Lakeshore IT until accepted by Lakeshore IT. Customer agrees to pay the total purchase price as stated on the order and/or statement of work, including shipping charges that are billed to Lakeshore IT as a result of using Customer’s carrier account number.
Terms of payment for each order are within Lakeshore IT’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of the invoice, subject to continuing credit approval by Lakeshore IT. Lakeshore IT may invoice Customer separately for partial shipments of an order, at Lakeshore IT’s sole discretion. Lakeshore IT may invoice customer for all of the services described in a statement of work or any portion thereof. Lakeshore IT will apply a 2.9% processing fee to Customer’s credit card payments that are $10,000.00 or above.
Customer will pay for, and will indemnify and hold Lakeshore IT harmless from any and all applicable taxes and any and all federal, state, local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any order and statement of work, whether such taxes or fees are collected at the time of sale or not. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Lakeshore IT with the necessary supporting documentation.
Customer agrees to pay interest on all past-due sums at the lesser of one and one-half percent (1.5%) per month or the highest rate allowed by law, calculated daily against the invoice price. If Customer fails to make timely payment of any amount invoiced by Lakeshore IT, Lakeshore IT shall have the right, in addition to any and all other rights and remedies available to Lakeshore IT at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all discounts extended to Customer.
In the event of a payment default, Customer will be responsible for all costs of collection including Lakeshore IT’s reasonable attorneys’ fees, court costs, filing fees, and any other applicable costs or expenses, arising out of any litigation concerning the collection of Customer’s account. Customer agrees to pay thirty percent (30%) of the unpaid balance as a collection fee, if turned over to a collection agency, in addition to the principle amount owed. Customer hereby grants to Lakeshore IT a security interest in the products to secure payment in full. Customer authorizes Lakeshore IT to file a financing statement reflecting such security interest.
Freight and Shipping Damage Policy
Shipping and handling charges vary per product and order due to weight, method of delivery, carrier, speed of delivery, destination, and several other factors. Lakeshore IT will use commercially reasonable efforts to meet requested delivery times, but does not guarantee delivery by a stated time and is not responsible for any damages due to delays or the failure to meet a stated delivery schedule. No freight credit will be issued in the event of shipping delays caused by circumstances that are beyond reasonable control by Lakeshore IT, including, but not limited to, product unavailability, carrier delays, severe weather conditions, delays due to fire, failure of power, labor problems, embargo, terrorism, acts of war, pandemics acts of God, or acts or laws of any government or agency. The maximum credit for shipping charges on an air package that is delivered late with the delay being cause by Lakeshore IT, will be the amount Customer paid for shipping.
If product arrives damaged to Customer, Customer should refuse it back to the carrier attempting delivery. If any product is being refused back to the carrier for any reason, Customer must notify Lakeshore IT within three (3) business days. There will be a 15% return processing /restocking fee and no credit for freight charges for all unauthorized refusals. If Customer does not notify Lakeshore IT of damaged product within the first three (3) business days of arrival, Lakeshore IT’s regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions.
If Customer accepts damaged product, make sure any externally visible damage is noted on the carrier’s delivery record. In the event of shipping damage, Customer must save the product and the original box and packing it arrived in. It is recommended that Customer take and retain photographs of the shipment and notify Lakeshore IT immediately to arrange for a carrier inspection and pick up of damaged product.
Return Policy
Lakeshore IT offers a thirty (30) day return policy on selected items and is subject to specific manufacturer, publisher, or distributor restrictions. Lakeshore IT adheres to all manufacturer warranty and return policies. The interpretation of the actual manufacturers return policies are at the sole and absolute discretion of Lakeshore IT. After thirty (30) days of the invoice date, no returns will be accepted and all manufacturer warranties apply.
All product returns must be processed with a Return Merchandise Authorization (RMA) number. No returns of any type will be accepted without an RMA number. Lakeshore IT assumes no risk or responsibility for products returned without an RMA number. Customer can obtain an RMA number through their online account or by contacting Lakeshore IT by calling 847-886-9191 or emailing rma@lakeshoreit.com. Once an RMA number is issued, Customer has five (5) business days to return product. RMA will expire after five (5) business days of being issued. Lakeshore IT reserves the right to cancel or refuse an expired RMA at its’ sole and absolute discretion. An RMA cannot be extended or re-issued.
All returns must be 100% complete, containing all product, boxes, packing materials, manuals, documentation provided by the manufacturer, blank warranty cards, having their original UPC codes intact on the manufacturers boxes, and other accessories as provided by the manufacturer. Lakeshore IT reserves the right to return or refuse any incomplete return. Any item that is missing the UPC code, can only be replaced with the same item.
Lakeshore IT cannot accept returns for exchange, replacement, or credit from several manufacturers, including, but not limited to, Apple and IBM, for any reason due to current manufacturer policies. Customer must contact manufacturer directly for any assistance needed. The list of following products cannot be returned under any circumstance: discontinued products, special order products, products for which manufacturers will not accept returns, items not purchased from Lakeshore IT, open products, products that require reboxing, or products in an unsuitable resale condition.
Most Defective/Dead on Arrival (DOA) products may be returned within fifteen (15) days of invoice date and receive, at Lakeshore IT’s option, credit, exchange, replacement, or repair. After fifteen (15) days, only the manufacturer warranty applies. All other returns for credit or exchange are subject to a 15% return processing /restocking fee at the sole and absolute discretion of Lakeshore IT.
Full version software may be returned, if permitted by the manufacturer’s return policy, for credit or exchange, if unopened and undamaged. Defective or damaged software may only be exchanged for the same software title. Software licensing and upgrades cannot be returned unless first authorized by the manufacturer, and may not be returned after thirty (30) days of the invoice date for any reason.
Customer is responsible for shipping costs on returned items. Clearly mark each address label of each package being returned with the RMA number. Do not write directly on the manufacturers box. Lakeshore IT recommends using a reputable shipping carrier that will provide tracking information with proof of delivery and fully insuring the package(s) to cover loss and any possible damage in transit. Lakeshore IT is not responsible for any loss or damage in transit during such a shipment. Lakeshore IT is responsible for the cost of shipping replacements or exchanges of Defective/DOA products and will match Customer’s shipping method. Original shipping charges are not refunded on returned items.
Any credit issued to Customer by Lakeshore IT under this return policy must be used within two (2) years from the date the credit was issued and may only be used for future purchases of products and/or services. Any credit or portion thereof not used within the two (2) year period will automatically expire.
Warranties
Customer understands that Lakeshore IT is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Lakeshore IT. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any specifications, photographs, statements, or other illustrations representing the products that may be provided by Lakeshore IT. Lakeshore IT hereby expressly disclaim all warranties either expressed or implied, including, without limitation, any warranty of accuracy, merchantability, title or fitness for a particular purpose, warranty of non-infringement, or any warranty relating to third party services. This disclaimer by Lakeshore IT in no way affects the terms of the manufacturer’s warranty. Customer expressly waives any claim that it may have against Lakeshore IT based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret, or other intellectual property rights with respect to any product and also waives any right to indemnification from Lakeshore IT against any such claim made against Customer by a third party. Customer acknowledges that no employee of Lakeshore IT is authorized to make any representation or warranty on behalf of Lakeshore IT that is not in this agreement.
Travel Expenses.
Customer shall reimburse Lakeshore IT for any and all reasonable travel-related expenses incurred by Lakeshore IT in connection with Lakeshore IT’s performance of services. Reimbursable travel expenses shall include automobile rental and other transportation expenses, hotel expenses and meals.
Access
Lakeshore IT may perform the services at Customer's place of business, at Lakeshore IT's own facilities or such other locations as Lakeshore IT and Customer deem appropriate. When the services are performed at Customer's premises, Lakeshore IT will attempt to perform such services within Customer's normal business hours unless otherwise jointly agreed to by the parties. Customer will also provide Lakeshore IT access to Customer's staff and any other Customer resources (and when the services are provided at another location designated by Customer, the staff and resources at such location) that Lakeshore IT determines are useful or necessary for Lakeshore IT to provide the services. When the services are provided on Customer's premises or at another location designated by Customer, Customer agrees to maintain adequate insurance coverage to protect Lakeshore IT and Customer's premises and to indemnify and hold Lakeshore IT and its and their agents and employees harmless from any loss, cost, damage or expense.
Miscellaneous
Lakeshore IT may assign or subcontract all or any portion of its rights or obligations with respect to the sale of products or the performance of services or assign the right to receive payments, without Customer's consent. Customer may not assign these terms and conditions, or any of its rights or obligations herein without the prior written consent of Lakeshore IT. Subject to the restrictions in assignment contained herein, these terms and conditions will be binding on and inure to the benefit of the parties hereto and their successors and assigns. No provision of this Agreement or any statement of work will be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties. The relationship between Lakeshore IT and Customer is that of independent contractors and not that of employer/employee, partnership or joint venture. If any term or condition of this Agreement or a statement of work is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the same shall not affect the other terms or conditions hereof or thereof or the whole of this Agreement or the applicable statement of work.
Termination
In the event of any termination of the services or a statement of work, Customer will pay Lakeshore IT for all services performed and expenses incurred up to and including the date of termination plus any termination fee if one is set forth in the applicable statement of work. In such event Customer will also pay Lakeshore IT for any out-of-pocket demobilization or other direct costs resulting from termination. Upon termination, all rights and obligations of the parties under the service or statement of work (as applicable) will automatically terminate except for any right of action occurring prior to termination, payment obligations and obligations that expressly or by implication are intended to survive termination (including, but not limited to, limitation of liability, indemnity, and this survival provision).
If you are looking for Website Terms and Conditions, they are located with the Privacy Policy.
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