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Last Updated and Effective as of 8
Last Updated and Effective as of 8-26-2010
TERMS AND CONDITIONS OF SALE
By placing an order with EON Products, Inc. ("EON,"
"us" or "we") you accept and agree to be bound by the
following terms and conditions of sale ("Terms"). If you do not agree
to these Terms, you should not obtain products from us or you should contact us
to obtain our written agreement to modify these Terms for a specific order.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION
REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT
MIGHT APPLY TO YOU.
PAYMENT TERMS
We accept cash, major credit cards, C.O.D., and electronic
funds transfer. We also provide open-account terms to customers with a signed
application and approved credit. If you are approved to pay on account, you
agree to pay full net payment within 30 days from the invoice date. Custom
orders may require a deposit at the time of order.
EON reserves a
purchase money security interest in all products sold and the proceeds thereof
in the amount of their purchase price until all such products have been paid for
in full. You will reimburse us for all expenses incurred to recover amounts due,
including attorneys’ fees and other legal expenses.
SHIPPING
EON typically
ships by Standard (Ground) Service via UPS or Federal Express unless expedited
shipment (3-Day, 2nd Day,
Next Day, etc.) is required to meet your delivery requirements, or if you
request a specific delivery speed or carrier. All shipping and handling charges
will be added to your invoice, unless otherwise agreed. At your request we will
bill shipping charges directly to your account with a specific carrier.
RETURN POLICY
Contact us first at (800) 474-2490 regarding all returns.
Custom orders may not be returned. Unused, as-new items that we regularly carry
may be returned, via shipping pre-paid by you, within 14 days of your receipt
without incurring a restocking fee provided you have received a return
authorization from us. Products authorized for return remain your property until
received at our facility.
If we have made an error and you receive the wrong item from
us or if an item is factory defective and you notify us immediately, we will
correct the error and pay standard shipping costs for the return and
replacement.
TITLE
All items shipped by us to fill your order(s) become your
property when we turn them over to the carrier except as otherwise provided
herein. Loss or damage in transit is the responsibility of the carrier according
to their terms, and it is your responsibility to inspect shipments for damage
and file claims for loss with the carrier immediately upon receipt. We will
assist in tracking a shipment and will provide information and guidance for
filing claims against a carrier for lost or damaged items.
WARRANTIES
EON provides a
limited warranty (as described below) only for items we manufacture. We do
not warrant in any way any product produced by another manufacturer but we
will file on your behalf, or assist you with filing, a warranty claim with such
other manufacturer.
LIMITED WARRANTY
We warrant to the original purchaser only, upon adequate
proof of purchase, that products manufactured by us will be free from defects in
materials and workmanship for a period of 12 months from the date of purchase. EON’s
sole and exclusive liability and your sole and exclusive remedy under this
limited warranty shall be, at EON’s
option, to repair or replace any such defective product. These remedies are
available only if our examination of such product discloses to our satisfaction
that such defects actually exist and were not caused by your misuse, neglect,
improper installation or testing, attempts to repair, or any other cause beyond
the range of normal usage, or by accident,
fire or other hazard. Repair or replacement of a product does not extend the
warranty period beyond the
initial 12-month warranty period. To submit a claim under this limited warranty,
contact us at (800) 474-2490.
DISCLAIMER
THE LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FIT-NESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
EON IS NOT LIABLE
FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER
FOR BREACH OF WARRANTY, NEGLI-GENCE, OR OTHERWISE.
IN NO EVENT SHALL EON
BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR
NATURE ARISING OUT OF OR IN CONNECTION WITH ANY SALE IN EXCESS OF THE NET
PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY YOU AND
GIVING RISE TO THE CAUSE OF ACTION.
JURISDICTION; VENUE
The statutes and laws of the State of Georgia, without regard
to its conflicts of law principles or the United Nations Convention on the
International Sales of Goods, will
apply to all matters relating to the purchase of products by you from us. You
hereby submit to the exclusive personal jurisdiction and venue of the Superior
Court of Gwinnett County, Georgia or the United States District Court for the
Northern District of Georgia with respect to such purchases.
MODIFICATIONS
We may modify these Terms in our sole discretion at any time
without advising you in advance. We will post the latest version on our website
and they will be effective as soon as they are posted. By placing an order with
us after such modifications have been posted you accept and agree to be bound by
such modified Terms.
ENTIRE AGREEMENT
Except as otherwise agreed in writing, these Terms, along
with the applicable invoice, packing slip and any executed credit application
and agreement, constitute the entire agreement between you and us concerning the
purchase of products from us. Any attempt to alter, supplement or amend these
Terms shall be null and void, unless otherwise agreed to in a writing signed by
both you and us. To the extent that anything in or associated with any sale is
in conflict or inconsistent with these Terms, these Terms shall take precedence.
MISCELLANEOUS
In addition to any excuse provided by applicable law, we
shall be excused from liability for non-performance or delay in performance
arising from any event beyond our reasonable control, whether or not foreseeable
by you or us.
If any part of these Terms is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties and the
remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of
these Terms or related rights shall not constitute a waiver of that right or
provision.
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EON Products,
Inc. · Toll-Free:
(800) 474-2490
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