Terms & Conditions
EZORDER DOT BIZ TERMS AND CONDITIONS
Seller reserves the right to correct clerical and typographical errors. Orders accepted by Seller can be cancelled, or specifications changed only with Seller’s written consent and upon the condition, that Buyer pay Seller reasonable cancellation charges. Any representation, warranty, course of dealing or trade usage not contained or referenced herein will not be binding on Seller. No modification, amendment, omission or waiver, or any other change will be binding on Seller unless assented to in writing by Seller’s authorized representative.
SELLER MAKES NO WARRANTY OF FITNESS FOR PURPOSE OR MERCHANTABILITY AND NO OTHER WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH HEREIN.
In no event shall Seller be liable for any special, indirect, or consequential damages, relating directly or indirectly to the supply of the goods hereunder. Where defective goods cannot be replaced or repaired by Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price. In no event shall Seller’s liability to Buyer for any loss or damage arising out of or resulting from this agreement exceed the price of the specific goods, which gives rise to the claim.
PRODUCT SELECTION AND SUITABILITY
Most products offered by EZORDER DOT BIZ are obtained from multiple sources, located throughout the United States and internationally. Some states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary. EZORDER DOT BIZ does guarantee compliance by their customer (“Purchaser”), and cannot be responsible for how the Product is installed or used.
Any material or merchandise found, upon inspection, to be improperly processed by us will be replaced or reworked without charge provided that: (1) Notice of defect is given in writing within seven days of receipt of material by Buyer. (2) We are given on the opportunity to inspect the material prior to return. (3) Materials or merchandise are in the same condition as when originally shipped by Seller. No claims will be accepted if product has been altered in any manner even if product is returned to the original condition. Processing or assembly of any such reject by Buyer or any other party shall constitute a waiver of any liability on Seller’s part. It shall be the duty of the customer to inspect the merchandise immediately upon it’s arrival, and in any event, claims must be reported in writing prior to the time that any further processing, assembling, or any other work is undertaken.
CANCELLATION AND RETURNS
EZORDER DOT BIZ must approve cancellation of any order prior to shipment. Any returns for shipping errors, damage or loss upon delivery must be reported within 10 days of the delivery date. Cancellation or returns may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible. Products will not be accepted for return after 30 days from the date of shipment to the Purchaser.
DELIVERY, TITLE AND RISK OF LOSS
Delivery dates are estimates and are based upon prompt receipt of all necessary information from Buyer. Delivery will be made and title will pass F.O.B. point of shipment to Buyer. Risks of loss or damage pass to Buyer on delivery to common carrier.
Prices are subject to change without notice. All orders are accepted on the basis of price in effect at the time of shipment.
All orders must be received with a cash payment or purchased through Visa, MasterCard and other noted means of payment made available on www.ezorder.biz . For approved Purchasers with established and acceptable credit, the terms of purchase are Net 30 days from date of shipment. All payments must be in U.S. Dollars. Any credit applied to the account of Purchaser must be used within one (1) year and any credits remaining after this time period will be subject to cancellation if not used or requested. If an open account Purchaser fails to make full payment within thirty 30 days from date of shipment, EZORDER DOT BIZ may defer any further shipments or other orders, or cancel any portion of an unshipped order. EZORDER DOT BIZ reserves the right to charge interest at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law, to any account balance exceeding the terms set forth herein. It is understood and agreed that Purchaser will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees and costs incurred by EZORDER DOT BIZ in connection with any collection action for payment of the amounts due herein.
Applicable state and local tax will be charged on orders, unless Purchaser provides EZORDER DOT BIZ with an exemption certificate. Note your tax-exempt status when ordering.
Unless otherwise stated with the order, Purchaser will pre-pay for any freight costs associated with the delivery of Product to its destination. Any extra or additional charges or services rendered in transit or at the destination will be the responsibility of Purchaser. Title and risk of loss will pass to Purchaser upon delivery to the common carrier or Purchaser’s designated location.
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY EZORDER DOT BIZ, OTHER THAN WHAT IS PROVIDED IN THE ABOVE WARRANTY SECTION. EZORDER DOT BIZ DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO THE MISUSE, IMPROPER SELECTION OR MISAPPLICATION OF THE PRODUCT.
Limitation of Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EZORDER DOT BIZ'S LIABILITY FOR PURCHASER'S DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Published Product Information
EZORDER DOT BIZ reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the Products contained in its catalogs. However, this information is dependent upon information distributed by and obtained from a manufacturer or supplier and is subject to change at any time. EZORDER DOT BIZ reserves the right to revise catalog information at any time, without notice, and EZORDER DOT BIZ will not be responsible for any pricing errors contained therein. EZORDER DOT BIZ MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS CATALOGS.
EZORDER DOT BIZ will not be liable or held responsible for any delays or losses resulting, directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, raw materials or shipments of Product, war, riots, shortages and any other circumstances or causes beyond our reasonable control.
These Terms of Purchase shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the State of Missouri, United States of America. Any legal action must be filed and commenced within one year after it arises. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. The Uniform Commercial Code as adopted by the State of Missouri will be applied, without application of any similar state or international law or treaty.
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in the State of Missouri and the arbitrator(s) will be bound by the applicable laws of the State of Missouri.
These Terms of Purchase, including the Terms of Access, Terms of Registration, order forms, quotations, invoices and catalog sales terms and conditions contained in EZORDER DOT BIZ's Website are incorporated by reference herein and constitute the exclusive and complete Agreement between EZORDER DOT BIZ and Purchaser.
Electronic Commerce (Optional)
If EZORDER DOT BIZ and Purchaser agree to be bound by transactions performed through EZORDER DOT BIZ's e-commerce. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party.