Terms & Conditions of Sale
EZ INDUSTRIAL EQUIPMENT, LLC - TERMS & CONDITIONS OF SALE - ONLINE
The following Standard Terms and Conditions apply to all pricing and purchases made through www.ez-vap.com unless otherwise specified. Seller or “our” refers to EZ Industrial Equipment, LLC (EZIE). Buyer refers to the company, individual, or entity who received pricing and product information or purchased product or services through www.ez-vap.com.
1. ORDER ACCEPTANCE: Unless otherwise noted in writing, any contract resulting from Buyer’s purchase of goods from Seller will be governed by these terms and conditions. These terms and conditions are intended by the parties to be the final expression of their agreement with respect to the terms of their transaction. Acceptance of the Buyer’s order is not to be construed as our acceptance of a counter offer. All orders are subject to final acceptance by the Seller. Unless otherwise noted in writing, these Terms and Conditions contain the complete and exclusive agreement between the parties, and supersede any and all prior course of dealing, course of performance or usage of trade or oral or written agreements.
2. ORDER CONFIRMATION: Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-company, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
3. PAYING FOR YOUR ORDER: Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. For digital items, we’ll charge your payment method when you initiate the download of the product or the product is placed in your account and available for use. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.
4. INFORMATION ON OUR SITE: We try to be as accurate as possible with the information we present on www.ez-vap.com. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered through our other sales channels. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. We will not be held responsible for any misprinted pricing.
5. ALL SALES FINAL: Products purchased through www.ez-vap.com are not eligible for return to seller. The only exception is products that qualify for warranty replacement per the EZ Industrial Equipment, LLC Limited Warranty.
6. CANCELLATION: Orders canceled by the Buyer prior to shipment of item will be subject to a restocking fee that is 50% of the total purchase order value. Orders canceled by the Buyer after shipment of the item will be subject to a restocking fee that is 100% of the total purchase order value. The Seller shall have the absolute right to cancel and refuse to complete this order: (a) if at any time all terms and conditions governing this order (including any requirements of progress payments) are not strictly complied with by the Buyer, or (b) if at any time the Buyer becomes bankrupt or insolvent. In the event of such cancellations, the Seller shall have the right to charge for the Seller’s actual cost for work completed up to cancellation plus fifteen percent (15%).
7. TAXES: Unless otherwise noted in writing, all taxes, customs fees, or other such costs are to be paid by the Buyer directly to the government authority imposing the same. If said transaction is exempt from sales and/or use tax, Buyer shall provide Seller with a statement of such exemption.
8. SHIPMENT AND DELIVERY: All shipments are to be made F.O.B. Seller’s warehouse in Hooksett, New Hampshire or Portsmouth, NH unless otherwise stated. Costs of shipping and insurance during transit shall be borne by Buyer. Costs incurred by Seller for shipments that require special crating, rigging, and handling of equipment shall be invoiced to the Buyer. Risk of loss or damage shall pass from Seller to Buyer upon Seller’s delivery of goods to the freight carrier. Claims for breakage and damage should be made to the carrier. All shipment, delivery and installation dates (if Seller assumed installation responsibility in this quotation) are approximate only. Seller will make every effort to fill orders within the time stated, but under no circumstances will Seller be responsible for, or Buyer entitled to, any damages arising out of or owing to any delays in shipment, delivery, erection, or installation regardless of cause.
9. DOWN PAYMENT: Down payment must be received within 2 weeks of order to maintain position in production/fulfillment schedule.
10. WARRANTY: Seller warrants the parts and equipment sold to Buyer according to the terms set forth in its standard Limited Warranty. All other warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, are expressly disclaimed.
11. GENERAL TERMS AND CONDITIONS: The prices and terms on this quotation are not subject to verbal changes or other amendment unless approved in writing by Seller’s duly authorized agent. All quotations and agreements and performance by Seller are subject to strikes, accidents, fires, availability of materials and all other causes beyond our control. Prices are based on costs and conditions existing on date of quotation and are subject to change by Seller before final acceptance. Typographical and stenographic errors are subject to correction. Buyer assumes liability for patent and copyright infringement when goods are made to Buyer’s specifications. Conditions not specifically stated herein shall be governed by established trade customs. This agreement shall be a New Hampshire contract and shall be interpreted and administered for all purposes under the laws of New Hampshire. Buyer irrevocably submits to the jurisdiction of state and federal courts in the State of New Hampshire for litigation involving this transaction. Unless otherwise noted in a written document signed by the Buyer and Seller, TERMS INCONSISTENT WITH THOSE STATED HEREIN WHICH MAY APPEAR ON BUYER’S PURCHASE ORDER OR OTHER FORM WILL NOT BE BINDING ON THE SELLER.