TERMS &
CONDITIONS OF SALE
All sales by EDA Technologies LLC are
subject to the following Standard Terms and Conditions
(collectively “Terms”). “Goods” means any products sold by EDA
Technologies LLC “Customer” refers to any person or
entity purchasing Goods from EDA Technologies LLC
Agreement. All sales of Goods from EDA Technologies
LLC to Customer are governed by and subject to these Terms, as may be
amended from time to time by EDA Technologies LLC which form a
binding agreement between EDA Technologies LLC and Customer
(the “Agreement”). This Agreement incorporates by reference all additional terms
and conditions stated in applicable price lists, product catalogs, order
acknowledgments, electronic data interchange directives, and other documentation
furnished by EDA Technologies LLC to Customer (“Additional
Terms”), if any. These Terms govern in the event of any conflict or
inconsistency with any Additional Terms. This Agreement is a complete and
exclusive statement of the terms and conditions of the agreement between EDA
Technologies LLC and Customer. Any changes to this Agreement are
binding only if written and signed by both parties. Terms that are printed on or
otherwise contained in a purchase order, or other document prepared by Customer
in additional to, in conflict with or inconsistent with these terms shall be
inapplicable and shall have no force or effect. Customer’s acceptance of
delivery of, or full or partial payment for, the Goods shall constitute
Customer’s acceptance of these Terms.
Orders. All orders must be by written purchase order or
online shopping cart submitted by Customer to EDA Technologies LLC
and all orders are subject to final approval by EDA
Technologies LLC in EDA Technologies LLC sole
discretion. Following approval by EDA Technologies LLC, orders
may not be changed or canceled without the written approval of EDA
Technologies LLC.
Shipments & Delivery. EDA Technologies LLC.
will deliver Goods to Customer by the method of shipment and routing determined
by EDA Technologies LLC, except as otherwise specifically
agreed in writing between EDA Technologies LLC and Customer.
Customer shall pay EDA Technologies LLC for all delivery
charges as established by EDA Technologies LLC and stated in
the invoice or determined by EDA Technologies LLC as Free
Shipping on certain goods as promoted in writing or as advertised. Shipments are
subject to the standard limitations on loss or liability imposed by the carrier.
Any Delivery dates specified in an order acknowledgment are estimates only and
time is not of the essence. EDA Technologies LLC may deliver
all of the Goods at one time or in portions from time to time. All deliveries
are subject to modifications or cancellation due to events beyond EDA
Technologies LLC’s reasonable control, including force acts of God and
other force majeure events. Under no circumstances shall EDA
Technologies LLC be liable for any loss of profit or property, or for
any direct, indirect, special, incidental, consequential or other damages caused
by any delay or failure to deliver on a specific date. If Customer causes or
requests a delay, Customer shall reimburse EDA Technologies LLC
for all resulting damages, including without limitation, payment of reasonable
storage expenses for the Goods during the period of delay or interruption. EDA
Technologies LLC reserves the right to charge, and Customer shall pay a
drop shipment fee on all drop shipments in addition to normal freight charges,
in an amount in effect pursuant to EDA Technologies LLC’s
policies at the time of charge.
Credits, Returns, Exchanges and Refunds. Claims for credits,
returns, exchanges and refunds will be considered by EDA Technologies
LLC only if: (1) received by EDA Technologies LLC
within thirty (30) days of ship date or date of delivery of the specific goods
that are the subject of such claim and (2) submitted to EDA Technologies
LLC with a complete description identifying the specific goods and the
reason that the Customer is claiming such credit, exchange or refund. ALL
RETURNS MUST BE APPROVED AND RMA (RETURN MERCHANDISE AUTHORIZATION) NUMBER
ISSUED BY ELECTRONICS GROUP, INC.. Credits, exchanges and refunds may be denied
by EDA Technologies LLC in EDA Technologies LLC’s
sole discretion and, without limiting the foregoing, will be denied without
review if not submitted within the thirty (30) day period with required
descriptions and authorized RMA number. Credits can be used toward future
purchases or refunded back to the same payment method used in the original
purchase. The customer is responsible for all shipping costs for returned goods
which must be by an approved courier (UPS, USPS, FEDEX, or DHL). Any legal suit,
action or proceeding arising out of or relating to this Contract shall be
instituted, upon the location of the Seller (EDA Technologies LLC),
in accordance with the seller’s pertinent place of business in the State of
Florida. Any legal action shall be commenced in the courts of the State of
Florida in each case located in the county of Martin.
Damaged & Defective Goods. Any damaged or defective goods
must be reported to the merchant WITHIN 30 DAYS OF RECEIPT of merchandise. Prior
authorization from EDA Technologies LLC for defective or
damaged Goods is required. If a return is approved, EDA Technologies LLC
will authorize the return of Goods and will forward Customer an
authorization number and/or emailed or mailed shipping label or Call Tag.
Damaged Goods should be shipped back or picked up in cartons marked “DAMAGED”
and be marked with the applicable authorization number. If EDA
Technologies LLC’s inspection reveals no legitimate reason to issue
credit, EDA Technologies LLC will inform Customer that there is
“No Credit” and such Goods will be immediately disposed of unless: (1). Customer
has specifically requested that all “No Credit” Goods be returned to Customer,
or (2). Customer has enclosed a note with the Goods requesting that specific
Goods be returned if “no credit” can be allowed. Return of “No Credit” Goods
shall be at Customer’s expense. All authorized stock returns and all returns of
damaged and defective Goods must be shipped in compliance with EDA
Technologies LLC’s returned goods procedure to the address so directed
by EDA Technologies LLC The customer may request either a
refund, credit or exchange for any goods determined damaged or defective within
30 days of the returned delivery date of the returned goods.
Warranty. EDA Technologies LLC warrants
that upon delivery the Goods will be free from defects in material and
workmanship under proper and normal use for 30 days upon receipt of goods under
EDA Technologies LLC’s “no fault” policy. Goods shall be
considered “defective” if the defect materially impairs the value of the Goods
for their intended use to Customer or the end-user. EDA Technologies LLC
further warrants that all Goods and services will be produced and
furnished in accordance with applicable laws and regulations. The customer may
request either a refund or exchange of defective goods. After, the first 30 day
period after delivery, the manufacturer of said goods may honor its own
manufacturer’s warranty for the items purchased. Manufacturer’s warranties vary
from manufacturer to manufacturer and can be from one year to five years under
the manufacturer’s warranty terms and conditions which are disclosed to the
customer on the formal invoice. EDA Technologies LLC does not
offer any extended warranties outside the manufacturer’s own warranty period.
Remedies. In accordance with the terms of the limited
warranty stated above (“Warranty), EDA Technologies LLC will
repair, replace or refund any defective Goods, in EDA Technologies LLC’s
sole discretion, provided that written notice of the defect is received by
EGI EDA Technologies LLC within thirty (30) days of the
appearance of such defect. If notice is not given within such period, any claim
for breach of warranty shall be conclusively deemed to have been waived and EDA
Technologies LLC shall not be liable under this Warranty. EDA
Technologies LLC’s liability for any defect in Goods, whether based on
contract, tort, warranty, strict liability, or any other theory, shall not
exceed the purchase price of the defective Goods. No representative, agent or
dealer of EDA Technologies LLC has authority to modify, expand,
or extend this Warranty, to waive any of the limitations or exclusions of this
Warranty, or to make any different or additional warranties with respect to any
Goods or services furnished by EDA Technologies LLC.
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