E-ITX.com (E-PRO ITX System, Inc Online Site)
STANDARD TERMS AND CONDITIONS OF SALE
The following are the Terms and Conditions of sale ("Terms and
Conditions") applicable to all sales of products ("Products") by E-PRO ITX
Systems, Inc (E-ITX.com online store). ("E-PRO") to the buyer ("You" or
"Customer"). These terms shall apply in the absence of a written contract
between you and E-PRO ITX Systems, Inc signed by both parties, covering the sale
of E-PRO’s Products and the support thereof. In no event shall any conflicting
or additional terms set forth in Customer's purchase order (or any other
document provided by Customer) apply to E-Pro’s sale of Products to Customer.
Please read following terms and conditions carefully before purchasing
any products from E-PRO ITX Systems, Inc or Making any use of E-PRO ITX Systems,
Inc website at E-ITX.com (“The E-PRO ITX System, Inc Online Site”). By
purchasing any products from E-PRO ITX System or using the E-PRO ITX online
store, customer hereby agree to be bound by these term and conditions. If
customer does not agree with them, then customer must not purchase any products
from E-PRO, immediately return any products that customer may have ordered, and
please cease all use of the E-PRO’s site.
E-PRO ITX System, Inc reserves the right, at its discretion, to change
these Terms and Conditions at any time. Any such changes will be effective
thirty (30) days after they are first posted to the E-PRO Site. Please check
these terms for changes. Your continued use of the E-PRO Site following the
posting of changes to these terms means you will accept those changes.
1. Content: Customer acknowledges and agrees that all
information and materials contained in the E-PRO Site are Seller's exclusive
property or the property of its licensors (the "E-PRO Content"). Except as
permitted in this Section 1 below, no E-PRO Content may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way. Customer
may use and download E-PRO content in connection with Customer's use of the
E-PRO Site to evaluate and purchase Products. In all circumstances, however,
Customer agrees to: (i) keep intact all copyright and other proprietary notices,
(ii) make no modifications to the E-PRO Content, and (iii) not download
quantities of E-PRO Content to a database server, or other computer that can be
used to avoid future use of and/or downloads from the E-PRO Site.
2. Pricing: Retail prices for Products are available on the
E-PRO Site. Customers may request a quote for volume orders of 10 or more units
("Volume Orders"). If a quote is issued by E-PRO, quoted pricing is valid for 7
days and does not include shipping. Prices are for minimum order quantities as
stated. Prices are FOB Fremont, CA, unless stated otherwise.
3. Payment Terms: E-PRO accepts the following payment methods:
Visa, Master Card, Discover, American Express, and PayPal. Purchase Orders and
extends terms on a case-by-case basis. E-PRO accepts wire transfers on orders
over $500. Customer agrees to pay applicable taxes, if any, including
value-added, excise, all state and local sales and/or use taxes and personal
property taxes, and any customs duties or charges imposed. Customer must claim
any exemption from such taxes, fees or assessments at the time of purchase and
provide the necessary supporting documentation. Any sales, use, or other
applicable tax or fees or assessments is based on the location to which the
order is shipped. Due to a warehouse presence in the state of California, E-PRO
is required to levy CA state sales tax on orders delivered within the state.
Orders from Canadian customers are subject to customs duties and/or brokerage
fees. E-PRO requires payment prior to shipment, unless credit terms have been
expressly granted. In the event E-PRO grants credit terms, payment shall be due
upon delivery (unless otherwise agreed to in writing by E-PRO). Any sum not paid
by Customer when due shall bear interest until paid at a rate of 1.5% per month
(18% per annum) or the maximum rate permitted by law, whichever is less. If
E-PRO brings an action for breach of these Terms and Conditions, including any
action to enforce its right to payment, Customer shall be liable for E-PRO's
reasonable attorneys' fees, costs, and expenses incurred in connection with such
4. Shipping: Customer is responsible for all shipping and
insurance charges. E-PRO will ship anywhere in the U.S., Canada and, at its
discretion and under specific terms, to other international destinations.
Provided items ordered are in stock, orders for Products consisting solely of
Components priced individually by E-PRO ("Components") that are placed before 12
p.m. Pacific Standard Time usually ship the same business day if using Fedex as
the shipping method, but this is not guaranteed. Orders for Products consisting
of multiple Components that have been assembled into a system by or for E-PRO
("Systems") usually require 3-5 full business days for building and testing.
Volume Orders may take longer.
Shipping and delivery dates are not guaranteed. Orders can be delayed
because of payment, billing, or shipping verification in order to prevent
fraudulent credit card transactions. Shipping closes at 5 p.m. Pacific Standard
Time for orders being shipped via Fedex. Tracking numbers will automatically be
sent to the Customer when the order has shipped. E-PRO does not process or ship
orders on weekends or national holidays. E-PRO reserves the right to use an
alternative shipping method due to weight restrictions. Shipping charges are
Products purchased or received under these terms and conditions are
subject to export laws and regulations of the United States of America. Title
and risk of loss to Products pass from E-PRO to Customer upon E-PRO's delivery
of the Products to the carrier.
5. Force Majeure: Delay in performance or non-performance of any
obligation contained herein shall be excused to the extent such failure or
non-performance is caused by Force Majeure. For purposes of this Agreement,
"Force Majeure" shall mean any cause preventing performance of an obligation
under this Agreement (except for the payment of money) which is beyond the
reasonable control of either party hereto, and which by the exercise of
reasonable and customary due diligence, could not have been avoided or overcome,
including without limitation, fire, flood, sabotage, shipwreck, embargo,
explosion, labor trouble, accident, riot, acts of governmental authority
(including, without limitation, acts based on laws or regulations now in
existence as well as those enacted in the future), acts of God, and delays or
failure in obtaining components from suppliers, raw materials or transportation.
E-PRO reserves the right to allocate the delivery of affected materials on a Pro
Rata basis. The time for performance shall be extended by the period of the
6. Backorder Policy: Products marked "Out of Stock" on the E-PRO
Site can still be ordered. Credit card charges will occur immediately. In the
event that an item ordered is out of stock, E-PRO will notify Customer and
provide updates as necessary. Availability of out-of-stock items is dependent
upon the manufacturer. E-PRO will not split orders unless the Customer requests
a split shipment and provides payment for each shipment.
7. Order Changing or Canceling Policies: All changes or
cancellations must occur before the order is processed by the E-PRO accounting
department. Cancellation requests after this time may result in a cancellation
fee of 15% on Components and 25% plus labor on Systems (excludes any tax
charged). Products not offered on the E-PRO Site as standard Products ("Special
Orders") and Volume Orders are non-cancelable and non-refundable. Customers may
request to make a change to or cancel their order by contacting E-PRO during
8. Return, Exchange and Refund Policies: Products will only be
accepted for refund or exchange pursuant to a Return Material Authorization ("RMA")
issued by E-PRO. For a copy of the RMA form, click on the following link:
Returned Products must be in their original shipping cartons complete with all
packing materials and shall be returned to E-PRO's designated return location
freight prepaid. RMAs will not be granted for damage, shortage or other
discrepancies created by Buyer, the carrier or freight provider, or any other
third party. At E-PRO’s discretion, E-PRO
will return all Products not eligible for return to Buyer, freight collect, or
hold Product for Buyer’s account at Buyer’s expense.
9. Warranties: Except when otherwise noted on the E-PRO Site,
E-PRO warrants that for the 30-day period commencing on the ship date, all
Products will be free from defects in materials and workmanship. Extended
warranties may be available on select Products but any extended warranties will
apply only if (i) expressly set forth in writing by E-PRO and (ii) paid for by
Customer. If a Component or System appears to be non-functioning or defective,
read this section and contact E-PRO technical support at 510-770-9419 or send an
inquiry to email@example.com. An E-PRO technician will contact you to discuss
your issue and options.
If the Product is under warranty at the time Customer submits a warranty
claim to E-PRO, and the warranty has not been voided, E-PRO will, at its sole
option, either repair or replace the Product, or issue Customer a refund for the
purchase price of the Product. In the case of discontinued items, a comparable
replacement as determined by E-PRO, may be provided. The foregoing shall be
Customer's sole remedy and E-PRO’s sole liability under any warranty claim.
The warranty will be void if there is evidence of damage, misuse, or
modification by the Customer. The warranty does not extend to the following
Products: closeout items, software, and items shipped outside of North America.
For warranty repairs, International customers must bear shipping costs to and
from E-PRO and any duties, taxes, or brokerage fees associated with the RMA.
When items returned for repair are found to be working or when the
warranty has been voided, the cost of shipping back to the Customer will be
charged to the Customer. Prior to sending in computer Systems, barebones
products, or hard disk drives for repair, customers should backup all valuable
processed in real time through our payment gateway. Every order is examined by
an E-PRO employee to protect E-PRO and its Customers from fraudulent
transactions. Except at Customer's explicit request, E-PRO does not retain
credit card information.
E-PRO will never share, sell, or rent your personal information.
Information provided is used solely for the fulfillment of your order and
possible promotional notifications from E-PRO. The E-PRO Newsletter provides
Customers with product updates, promotions, etc. Customers may unsubscribe to
the newsletter at any time.
12. Acceptance of Orders: E-PRO holds the right to accept,
decline, refuse, or cancel an order for any reason. Receipt of an electronic
confirmation does not signify E-PRO's acceptance of an order or confirmation of
E-PRO's offer to sell. Terms of payment are at the discretion of E-PRO.
In the event of incorrect pricing or information due to typographical
error, E-PRO can refuse or cancel the order. In this case, a refund will be
issued immediately. E-PRO reserves the right to make exceptions to these Terms
13. Site Links and Trademarks: The E-PRO Site may contain links to
other sites on the Internet that are owned and operated by third parties. E-PRO
is not responsible for the operation of or content located on or through any
such site. All product names throughout this Site are trademarks or registered
trademarks of their respective holders. All product names and company logos
mentioned herein remain the trademarks of their respective owners.
14. Insurance: E-PRO has, for itself and any permitted
subcontractor it engages, procured and will maintain with an insurance carrier,
at E-PRO's expense, insurance coverage for General Liability, Personal Injury
and Automobile Liability, in coverage amounts commensurate for E-PRO's industry.
15. Indemnification: Customer assumes all responsibility and
liability for injury or damages resulting from its handling, possession, use or
sale of Products supplied hereunder, including, but not limited to any injury or
damage resulting from the use of Products in combination with other products,
and agrees to hold harmless, defend and indemnify E-PRO, its contractors and
subcontractors, from and against all claims, losses, liabilities and expenses
(including attorney's fees and other litigation or settlement costs) arising out
of such handling, possession, use or sale. The foregoing duty of Customer to
hold harmless, defend and indemnify E-PRO shall not apply to the extent such
claim, loss, liability or expense results from the willful misconduct or gross
negligence of E-PRO.
16. Relationship: E-PRO and Customer are independent from each
other. No relationship of principal to agent, master or servant, employer to
employee, or franchiser to franchisee is established hereby between us. Neither
has the authority to bind the other or incur any obligation on behalf of the
17. Applicable Law: Any dispute arising from the services will be
governed by, and construed in accordance with, the laws of the State of
California (excluding the United Nations Convention on Contracts for the
International Sale of Goods) without regard to conflict of laws principles. Any
proceeding brought under or related to these Terms and Conditions shall be
brought solely and exclusively in the state and federal courts located within
the State of California, and the parties expressly consent to the exclusive
jurisdiction of such courts.
18. Notices: Any notice, communication or statement required or
permitted to be given hereunder shall be in writing and deemed to have been
sufficiently given when delivered in person, by registered or certified mail,
postage prepaid, return receipt requested, or by reputable overnight carrier.
Notices to E-PRO shall be directed to E-PRO ITX System, Inc 4053 Clipper Court,
Fremont, California, 94538 notices to Customer shall be directed to the address
listed in the Customer order to which these Terms and Conditions apply, or to
such other address or addresses as either party may hereafter designate in
wish to return a component or a system for refund, exchange, or repair,
you will need a Return Merchandise Authorization (RMA) number.
Please download the form from our main page and submit a request to
firstname.lastname@example.org or call our Customer Service department at
Return for Refund
All Components are subject
to a 15% restocking fee. All Systems are subject to a restocking fee of 15% plus
labor. Shipping charges are non-refundable. Except in the event of a shipping
error, Customers are responsible for the cost of shipping items back to E-PRO.
The following Products are non-refundable:
Products that have been defaced, modified, or
Products that have become non-functional due
to user error or virus
Products that have the warranty label/mark
removed or altered by Customer
Products returned without original retail
packaging, or accessories (manual, CDs, cables, screws, etc.)
Software, including Software in Systems
Special Orders and Volume Orders.
Due to the cost of administering returns, all non-U.S. sales are final and not
subject to the return rights set forth in this section.
Repairs & Exchanges (Warranty Information)
Systems built to order are covered under a one-year limited warranty;
however extended warranty coverage is available. If the system is under
warranty, and the warranty has not been voided, E-PRO will repair the
Except where noted, components sold by E-PRO are covered under a one year
limited warranty. Customers can either return the product directly to E-PRO or,
depending upon the item, return the product to the manufacturer directly. For
single components, we recommend returning a non-functioning item directly to the
manufacturer. This will cut back on transit time and speed up the delivery of
your replacement unit. After 30 days from ship date, E-PRO will return the
product to manufacturer for repair or replacement.
warranty will be void if there is evidence of damage, misuse, or modification by
the customer. The warranty does not extend to the following: final sale items,
software, and items shipped outside of North America. For warranty repairs,
International customers must bear shipping costs to and from E-PRO and any
duties, taxes, or brokerage fees associated with the RMA. When items returned
for repair are found to be working or when the warranty has been voided, the
cost of shipping back to the customer will be charged to the customer.