Terms and Conditions
This page contains the Terms and Conditions applicable to your use of our site and the Terms and Conditions that will govern any purchase of goods from us using our site. By entering our site, you accept the Terms and Conditions of Use. By entering an order using our site, you accept the Terms and Conditions of Sale. If you do not accept either or both of these Terms and Conditions or have any questions, please contact us firstname.lastname@example.org.
Terms and Conditions of Use
We may amend these Terms and Conditions of Use at any time by posting the amended terms on our site.
We define "Your Information" as any information you provide to us, by purchasing product from us, or through e-mail. With respect to Your Information:
You are solely responsible for Your Information. We reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Your Information (a) shall not be fraudulent, (b) shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any third party, (c) shall not violate any law, statute, ordinance, regulation (including those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of our site. You may not take any action that imposes an unreasonable or disproportionately large load on our system. No person that you authorize to use our site on your behalf may disclose their password to, or share their password with, any third party or use their password for any unauthorized purpose.
We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your ability to access our site if you breach these Terms and Conditions of Use or if we are unable to verify or authenticate any information you provide to us.
We provide our site on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the site, or the information or content included on our site. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or compliance. Some states do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. Use of our site is at your sole risk.
We make every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
We do not guarantee continuous, uninterrupted or secure access to the information available to you on our site, and operation of our site may be interfered with by numerous factors outside of our control.
Limit of Liability
Under no circumstances are we liable for any damages of any kind arising from the use of our site, including, but not limited to, direct, indirect, incidental, special, punitive or consequential damages, even if we have been advised of the possibility of such.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our site and your purchase of goods from us using our site.
You and we are independent contractors, and no agency, partnership, joint venture, or franchisee-franchisor relationship is intended or created by your use of our site.
Except as explicitly stated otherwise, any notices shall be given to us by e-mail addressed to email@example.com or to you at the address supplied by you, or such other address as either of us shall designate using the process outlined in this paragraph. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, either of us may give the other notice by certified mail, postage prepaid and return receipt requested, addressed to the street address provided to the other party. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to your use of our site shall be settled by binding arbitration in accordance with the rules of the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Limitations on Use
All content on our site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of our company or its content suppliers and protected by U. S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on our site is the exclusive property of our company and protected by U. S. and international copyright laws. All software used on our site is the property of our company or its software suppliers and protected by U. S. and international copyright laws. The content and software on our site may be used to view information about the business between your company and ours and to place orders with us. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on our site is strictly prohibited.
Any links to other Internet sites will allow you to leave our site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide these links to you only as a convenience and the inclusion of any link does not imply endorsement of the site by us.
Governing Law. These Terms and Conditions of Use shall in all respects be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in California between California residents.
Attorneys Fees and Costs. Except as explicitly provided in these Terms and Conditions of Use, we will each bear our own attorneys’ fees and costs with respect to any matters or disputes that might arise between us.
Invalidity. If any provision of these Terms and Conditions of Use are held to be invalid or unenforceable, such provisions shall be struck and the remaining provisions shall be enforced.
Headings. Headings are for reference purposes only and in no way define, limit construe or describe the scope or extent of such section.
Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Complete Provisions. These Terms and Conditions of Use set forth the entire understanding between us with respect to the subject matter hereof.
Terms and Conditions of Sale
These Terms and Conditions of Sale relate to certain goods and services provided (Products) by ETI, among others, and each of their respective subsidiaries and affiliates (Company) to the purchaser of such goods and services (Customer). Any additional or different terms, including but not limited to those on Customer’s purchase order, are hereby objected to by Company.
We may amend these Terms and Conditions of Sale at any time by posting the amended terms on our site.
(a) All amounts payable to Company shall be in US dollars, including all applicable taxes, fees, transportation, insurance, and other charges. Company will invoice Customer for each shipment. If all Products in Customer’s purchase order are not shipped at the same time, Company will invoice Customer at the time of shipment for the products that are shipped.
(b) All payments in US dollars, are due upon invoice. Any unpaid due amounts will be subject to interest at 1.5% per month or the highest rate permitted by law, whichever is less.
(c) Shipping allowances and prices are subject to change without notice. Increase in labor, freight and materials costs before completion of contract plus applicable overhead may be invoiced to Customer.
(d) Company retains title to all Products until Company receives full payment. Customer is responsible for any loss or damage to the Products until Company receives full payment.
Shipment will be made in accordance with instructions issued by the Company’s shipping department. Upon delivery of Products covered hereunder to carrier, Customer assumes risk of all loss and damage resulting from any cause whatsoever. Shipping dates are approximate and are not guaranteed. Partial deliveries shall be accepted by the Customer and paid for at contract prices and terms.
Changes and Shipping Errors
(a) Company may, from time to time in its sole discretion:
(i) discontinue or limit its production of any Product;
(ii) allocate, terminate or limit deliveries of any product in time of shortage; and
(iii) modify the design of, specifications for, or construction of any Product, provided the modification has equivalent form, fit and function.
(b) All shipments and charges set forth on any invoice will be deemed correct unless noted on the original invoice at the time of delivery or the Company receives from Customer, no later than three (3) days after the date of delivery, a written notice specifying the shipment, the purchase order number, and the exact nature of the non-conformity, by certified mail return receipt requested or by e-mail to Info@EquipTech.com. Company shall be allowed to inspect such non-conforming Products or upon request shall be furnished with a sample of such Products. Company is only liable to replace, credit or repay Customer (at Company’s option) for defective Products.
If you have questions regarding your purchase, please email Info@EquipTech.com or call 1-603-881-5253. Due to the nature of these materials, returns are not accepted.
(a) COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS PURCHASED BY CUSTOMER. In the event a printed manufacturer’s warranty is provided with respect to any Product purchased by Customer, Customer’s remedy shall be exclusively against the manufacturer providing said warranty and Customer shall have no rights or remedies against the Company.
(b) Return of defective Products must be made according to Company’s then-current return policies.
(c) Customer shall indemnify, defend and hold harmless Company for any costs, expenses, damages, or other losses arising out of
(i) any warranty with a greater scope or duration than that set forth in these Terms and Conditions; and
(ii) failure to disclaim implied warranties and limit remedies and liabilities, by and on behalf of Company.
Limitation of Liability
COMPANY’S LIABILITY ON ANY CLAIM OF ANY KIND, INCLUDING NEGLIGENCE, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR OR USE OF ANY PRODUCTS COVERED BY OR FURNISHED HEREUNDER, SHALL IN NO CASE EXCEED THE LESSER OF THE COST OF REPAIRING OR REPLACING PRODUCTS FAILING TO CONFORM TO THE WARRANTIES CONTAINED HEREIN, IF ANY, OR THE PRICE OF THE PRODUCTS OR
PART THEREOF WHICH GIVES RISE TO THE CLAIM. IN NO EVENT WILL COMPANY BE LIABLE FOR A NY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONTINGENT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR OTHER INTANGIBLE LOSS (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE PRODUCTS PURCHASED FROM COMPANY;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED FROM COMPANY; OR
(iii) ANY OTHER MATTER RELATING TO PRODUCTS PURCHASED FROM COMPANY.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and your purchase of goods from us using our site.
Except as explicitly stated otherwise, any notices shall be given to us by e-mail addressed to Info@EquipTech.com or to you at the address supplied by you, or such other address as either of us shall designate using the process outlined in this paragraph. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, either of us may give the other notice by certified mail, postage prepaid and return receipt requested, addressed to the street address provided to the other party. In such case, notice shall be deemed given 3 days after the date of mailing.
Customer agrees to defend and indemnify Company and its officers, directors, agents and employees of and from any and all claims or liabilities asserted against Company or its officers, directors, agents and employees in connection with the manufacture, sale, delivery, resale or repair or use of any Products covered by or furnished hereunder arising in whole or in part out of or by reason of the failure of Customer, its agents, servants, employees or customers to follow instructions, warnings or recommendations furnished by Company in connection with such Products, by reason of the failure of Customer, its agents, servants, employees or customers to comply with all federal, state and local laws applicable to such goods, or the use thereof, including the Occupational Safety and Health Act of 1970, by reason of the negligence of Customer, its agents, servants, employees or customers, any patent or copyright infringement or any other claim for infringement of any proprietary right, process or product when Company provides goods to Customer’s specification, or by reason of any defect, including but not limited to defects in the manufacture or design, of any Products produced, manufactured, distributed, sold, resold, repaired or used by Customer or its agents, servants, employees or customers.
Liability for all taxes and import or export duties, imposed by any city, state, federal or other governmental authority, shall be assumed and paid by Customer. Customer further agrees to defend and indemnify Company against any and all liabilities for such taxes or duties and legal fees or costs incurred by Company in connection therewith. Company will only charge sales and use taxes in states where Company maintains an office. Customer is responsible to report and pay any sales and use taxes in those states.
Assistance and Advice
Upon request, Company in its sole and absolute discretion may furnish as an accommodation to Customer such technical advice or assistance as is available in reference to the Products. Company assumes no obligation or liability for the advice or assistance given or results obtained, all such advice or assistance being given and accepted at Customer’s sole risk.
(a) All designs, data, drawings, software, or other technical information supplied by Company to Customer in connection with the sale of Products shall remain Company’s sole property.
(b) All materials, including but not limited to dies, gauges, molds, tools, fixtures, patterns or other items furnished by the Customer shall be fully covered by Customer with fire and extended coverage insurance and Company shall not be liable for damages to or loss of such materials resulting from risk covered by such insurance. Customer on behalf of itself and its insurers here by releases Company from all liability arising in connection with any loss of or damage to such materials arising out of Company’s negligence or otherwise. If, at any time, a period of one year has elapsed since the receipt of any order from Customer requiring the use of such materials, Company may thereafter make any such use or disposition of such materials as Company desires, without any accounting to Customer for such use or disposition, or the proceeds thereof. All specifications, drawings, designs, data, information, ideas, methods, patterns, and/or inventions, made, conceived, developed, or acquired by Company, incident to procuring and/or carrying out the delivery of Products to Customer will vest in and inure to Company’s sole benefit. Customer agrees not to disclose, give, loan, exhibit or sell to any other person any confidential manual, drawing, photograph, or specification or reproduction thereof furnished by Company except in connection with the resale of the Products covered by or furnished under this contract.
(c) Company shall not be liable for delays in delivery or failure to manufacture or deliver due to causes beyond its reasonable control, including but not limited to acts of God, acts of Customer, acts of military or civil authorities, fires, strikes, flood, epidemic, war, riot, delays in transportation or car shortages, or inability to obtain necessary labor, materials, components or services through Company’s usual and regular sources at usual and regular prices. In any such event, Company may, without notice to Customer, at any time and from time to time, postpone the delivery dates under this contract or make partial delivery or cancel all or any portion of this and any other contract with Customer without further liability to Customer. Cancellation of any part of this order shall not affect Company’s right to payment for any Products delivered hereunder.
(d) None of the Products or underlying information or technology may be exported or reexported, directly or indirectly, contrary to US law or US Government export controls.
(e) Returned checks are subject to a $20 fee.
(f) This agreement constitutes the entire contract between Customer and Company relating to the Products identified herein. No modifications hereof shall be binding upon the Company unless in writing and signed by Company’s duly authorized representative, and no modification shall be effected by Company’s acknowledgment or acceptance of Customer’s purchase order forms containing different provisions. Trade usage shall neither be applicable nor relevant to these Terms and Conditions, nor be used in any manner whatsoever to explain, qualify or supplement any of the provisions hereof. No waiver by either party of default shall be deemed a waiver of any subsequent default.
(g) Each and every provision of these Terms and Conditions is severable from any and all other provisions of these Terms and Conditions. In the event that any provision of these Terms and Conditions is held to be invalid, the other provisions shall continue in force and effect, and the offending provision, to the extent practicable, shall be reformed so as to achieve its intended purpose.
(h) Should any action be necessary to recover any sum due to Company from Customer, Company shall be entitled to recover costs of such action including reasonable attorneys fees whether or not incurred in connection with issues of federal bankruptcy law.
(i) We sell materials in North America to adult purchasers who set up an account with us. All orders are verified. We adhere to ITAR policies and directives as well as any restrictions placed on us by our suppliers.
(j) THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES. The federal and state courts within Orange County, California will have exclusive jurisdiction to adjudicate any dispute arising out of these Terms and Conditions.