Prices
Prices are subject to change at any time. Prices are for Products only and do not include taxes, shipping charges, freight, duties, and other charges or fees, such as fees for special packaging and labeling of the Products, permits, certificates, customs declarations and registration (collectively, “Additional Fees”). Customer is responsible for any Additional Fees. Prices. Quotations, unless previously withdrawn, are only open for acceptance by Seller within 3 days from quotation date and are subject to approval of Buyer’s credit.
Delivery and Time
Delivery dates quoted by us are best estimates only and time is expressly not of the essence unless otherwise stated. Late or partial delivery does not entitle Buyer to cancel its order. Buyer acknowledges that any delay in delivery shall not give rise to any liability on the part of us whatsoever, including for loss of use or indirect or consequential damagers. In the event of delivery by installments, Buyer is not entitled to treat the delivery of faulty Goods in any one installment as a repudiation of the entire agreement. Buyer must notify us in writing of non-delivery of Goods, or receipt of nonconforming or damaged Goods within 3 days of the delivery date. Delivery to Buyer is deemed to have been made when delivered to Buyer, or picked up by the carrier, or Buyer’s agent at our facility, whichever occurs first.
Limited Warranty & Rejections/Returns
Our warrants to Buyer that product conforms to manufacturer’s available specification and offers 30 days warranty. A Return Material Authorization must be obtained prior to returning any product. The foregoing warranty does not apply to those products that are damaged due to misuse, abuse, negligence, modification by Buyer, or damaged during transit when product is returned. The foregoing warranty is the only warranty applicable to transactions for the purchase of product(s) from us. We hereby disclaims all other warranties, express or implied, including the implied warranty of product and the implied warranty of fitness for a particular purpose.
Payment
The buyer shall pay for the goods in full, without offset or deduction, within the time frame and in the manner set forth on the invoice. For those sales that do not require payment in advance of or upon delivery, if payment is not received to us within the period set forth on the invoice, Buyer shall pay to us, on-demand, a late payment charge of 1.5% per month of the unpaid balance or the maximum rate of interest allowed by law, whichever is less. Time is of the essence with respect to the Buyer’s obligation to pay all invoices in full in a timely manner. All checks are subject to collection. We may offset against any payment hereunder any amount owed to us by Buyer, whether under this or any other contract between Buyer and us. Acceptance of any partial payment shall not constitute a waiver of our right to payment in full of all amounts owing from Buyer to Seller. Buyer hereby grants to us a security interest in the goods shipped pursuant to this Contract, including all accessions to and replacements of the goods and the proceeds thereof, to secure the due and punctual payment of the purchase price of goods and other amounts owing hereunder. Buyer shall execute and deliver to us any additional documents, instruments, financing statements, or amendments that deems necessary or advisable to maintain, continue, and perfect the security interest created.
Limitation of Liability
The buyer agrees to inspect product within 15 days of receipt for non-conformities and notify us within 15 days of such nonconformities. In the event that any product(s) delivered should fail to be as warranted, the Buyer’s sole and exclusive remedy shall be replacement of the non-conforming product(s) or a credit for the purchase price of the non-conforming product(s).
Cancellations and Reschedules
Requests to cancel or reschedule orders must be made in writing us. We are under no obligation to accept such cancellations or reschedules. Without waiving any of its rights, we are entitled to recover its costs incurred and profits lost as a result of the Buyer’s cancellation or rescheduling of an order.
Handling Charge
There is no minimum order or handling fee.
Out of Stock
If a Product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment. Backorders will be held based on your request.
Freight Damage
If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact in.sales@econtroldevices.com immediately to initiate a claim.
Taxes
Buyer shall pay, in addition to the prices specified by us, all local, state, and federal taxes, including all sales, use excise or other similar tax, payable with respect to the Goods or the transactions contemplated herein, or, alternately, provide us with tax exemption certificates acceptable to the applicable taxing authority.
Assignment
Any assignment by Buyer of this contract or any rights in it, without our advance written consent, shall be void.
Entire Agreement
This contract records the final, complete, and exclusive agreement between the parties with regard to the subjects addressed in it and supersedes any and all prior oral or written agreements between them regarding the same. No modification of this agreement will be valid unless it is agreed upon by us in writing.
