Terms and Conditions

CONTROLLING PROVISIONS
No terms and conditions other than the terms and conditions contained herein shall be binding upon ELEK, LLC. (Seller) unless accepted by it in a writing signed by the Seller. All terms and conditions contained in any prior oral or written communication, including, without limitation, Buyer's purchase order, which are different from or in addition to the terms and conditions herein are hereby rejected and shall not be binding on Seller, whether they would materially alter this document, and Seller hereby objects thereto. All prior proposals, negotiations, and representations, if any, are merged herein. Buyer will be deemed to have assented to all terms and conditions contained herein if any part of the goods and/or services described herein are shipped or an invoice is presented in connection with the said goods and/or services.
OFFER AND ACCEPTANCE
ELEK, LLC. (Seller) offer to sell the equipment indicated in strict accordance with the terms and conditions stated herein. Submittal of a Purchase Order or execution of this offer by Buyer or allowing Seller to commence work shall be deemed an acceptance of this offer, which offer and acceptance shall constitute a legally enforceable contract between Buyer and Seller. Any additional or differing terms and conditions contained on Buyers Purchase Order (whether or not such terms materially alter this offer) are hereby rejected by Seller, and shall not become part of the contract between Buyer and Seller unless expressly consented to in writing.
METHODS OF PAYMENT
ELEK, LLC. (Seller) offers the following methods of payment; Open Account (Credit – Terms), Credit Card and ACH / EFT.
CREDIT CARD ACCOUNTS
ELEK, LLC. (Seller) accepts American Express, Discover, Master Card, and Visa. All Credit Card transactions will be charged a convenience fee of 3%.
TERMS OF PAYMENT
All initial orders are pre-paid, credit card, or electronic fund transfer unless otherwise stated on offer to sell. Net 30-account status is generally granted to qualified customers upon approval by Sellers credit department with appropriate credit and banking references. Terms of payment for goods shipped hereunder shall be Net Thirty (30) days immediately following shipment of any portion of the goods. Seller reserves the right to add a charge of one- and one-half percent (1 ½ %) to the principal amount due at the end of each Thirty (30) day period to any account outstanding for more than Thirty (30) days. In the event of disapproval of the Sellers Credit Department terms of payment will be established through mutual agreement of Buyer and Sellers Credit Department.
TAXES
All prices in Sellers offer to sell are exclusive of taxes. The amount of any present or future occupational sales, use, service, excise or other similar tax which Seller shall be liable for, either on its own behalf or on the Buyer, with respect to any orders for equipment or services, shall be in addition to the billing prices and be paid by the Buyer.
PERFORMANCE
Seller shall not be liable for delays in delivery hereunder where such failure or delay is due to the disapproval of the Sellers Credit Department or due to strikes, fires, accidents, national emergency, failure to secure materials from usual sources of supply, or any other circumstances beyond the control of Seller whether of the class of causes enumerated above or not, which shall prevent Seller from making deliveries in the usual course of business. Upon the occurrence of any of the above events, Seller may cancel this order without any liability on the part of Seller. Receipt of the equipment by Buyer upon its delivery shall constitute a waiver of all claims for delay.
DELIVERY
All ship dates are estimated and are approximate only. No estimated ship date requested or specified by Buyer will be binding on Seller unless such request or specification is specifically agreed to in writing by an officer of ELEK, LLC. (Seller). Shipment shall be F.O.B or X-Works (Factory) with ownership passing to Buyer upon shipping dock of factory or delivery to the carrier by Seller. Whichever is quoted by ELEK, LLC.
FREIGHT CHARGES
All shipments are F.O.B. or X-WORKS Factory (origin of shipment) unless otherwise specified. All destination, shipping and other charges shall be paid by Customer (Buyer) in accordance with Sellers then current shipping and billing practices. Shipping charges are prepaid and charged to Buyer, via most economical common carrier to destination within the continental USA unless stated elsewhere in this offer to sell. Seller will use the best, least expensive surface transportation unless otherwise indicated by Buyer. Reasonable care is exercised in packing products for shipment, and Seller assumes no responsibility for delay, breakage or damage after having made delivery in good order to the carrier.
CLAIMS FOR SHORTAGES OR DAMAGED GOODS
Claims for damage or loss in transportation must be settled between the consignee (Buyer) and the carrier, the term "X-WORKS or
F.O.B.Factory" means ELEK, LLC. (Seller) responsibility ceases when Seller has obtained signed manifests from the carrier. Seller will do everything within reason to provide the consignee (Buyer) with assistance and information necessary to trace shipment or process claim with the carrier.
CANCELLATION
Buyer may not terminate or cancel for convenience, or direct suspension of manufacture, except with Sellers written consent signed by an officer of ELEK, LLC. (Seller) and then only upon terms that will compensate Seller for the cost incurred as a result of any engineering, fabrication, purchasing, or any other cost relating to such termination, cancellation, or suspension, plus a reasonable amount for profit. Specials or Non-Stock items are paid in full before the order is placed with ELEK, LLC.
COST TO ELEK, LLC.
In the event it becomes necessary for Seller to incur any costs or expenses in the collection of moneys due Seller from Buyer, or to enforce any of its rights or privileges hereunder, Buyer upon demand shall reimburse Seller for all such costs and expenses including but not limited to, reasonable attorney's fees.
ENTIRE AGREEMENT
These terms and conditions, and the matter set forth on the face of Sellers offer to sell, constitute the entire agreement between Seller and Buyer. No prior understandings, agreements, or representations, written or verbal, express or implied, are part of this contract, nor shall any subsequent modification agreement or representation become part of this contract unless expressly agreed to in writing by an authorized representative of Seller.
GENERAL PROVISIONS
All typographical or clerical errors made by Seller in any quotation, acknowledgement or publication are subject to correction. This agreement shall be governed by the laws of the State of Texas, without giving effect to the choice of conflicts of law provisions thereof.

Return and Refund Policy

RETURNED GOODS

No goods will be returned to or accepted by Seller without prior authorization by Seller in writing. Any products returned will be assessed a minimum restocking charge of 25%, of the invoice price. In all cases, transportation charges must be prepaid by the

Buyer. Special Order – Built to Order products are non-returnable.

WARRANTY OF WORKMANSHIP AND MATERIALS

Seller warrants all equipment of its manufacture or assembly, for a period of One (1) year from the date of shipment to Buyer. Seller will repair or replace at Sellers option, any equipment and or components found to be damaged or defective due to normal use. Buyer will assume all responsibility and cost for freight in connection with the foregoing. This warranty shall not apply (a) to equipment or components not manufactured by Seller, (b) to equipment which shall have been repaired or altered by others than Seller, (c) to equipment which shall have been subjected to negligence, accident, or damage by circumstances beyond Sellers control, or to improper operation, maintenance or storage, or to other than normal use or service. With respect to equipment or components sold but not manufactured by Seller the warranty obligations of Seller shall in all respects conform and be limited to the warranty actually extended to Seller by its supplier. The foregoing warranties do not cover reimbursement for labor, transportation, removal, installation, or any other expenses that may be incurred in connection with repair or replacement.

Terms and Conditions

Return and Refund Policy

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