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The Following General Terms & Conditions apply to customers in the United States of America, Canada and Mexico and will comprise any quotations of EST and orders of purchasers / customers as well as any resulting contracts of sale between EST and it's customers. The rights of both parties will be governed exclusively by these terms and conditions in addition to the CALIFORNIA COMMERCIAL CODE and other superior federal US laws hereof.
All information of goods or services and their prices given in the EST website are for informational purposes only and constitute no quotations or offers in a legal sense. By clicking order buttons, purchasers just show their interest in buying goods or services provided by EST. Only EST order confirmations are to be considered as offers in a legal meaning and judicially take effect after their e-mail delivery to the purchaser and then last for 30 calendar days. The purchaser shows his acceptance of offer by implication through not withdrawing it in written form, then the binding contract itself is legally formed. EST reserves the right to refuse any order without explanations.
Prices shown on this EST website do not include shipping costs or sales tax. Sales tax is charged for shipping addresses within the state of California, unless the purchaser provides EST with a valid EST permit number or a General Resale Certificate. Unless otherwise stated, the prices at which EST will invoice purchaser for the products specified herein will be those in effect at the time of beginning shipment. Unless there is an individual subsidiary agreement between EST and the foreign purchaser, export orders shall be accompanied by a confirmed, irrevocable letter of credit for EST's account with an accredited United States bank, subject to EST's draft with shipping documents attached. All documented collection costs will be charged to purchaser. Additionally, all payments are to be made in United States legal tender at par.
Performance of orders and contracts, and delivery and shipments of products are subject to and contingent upon, delay directly or indirectly caused by, or in any manner arising from labor disputes of any nature, shortages or materials, transportation or labor, Acts of God, government regulations or restriction, EST's production schedules, or any other cause beyond EST's control, and therefore EST will not be liable for any loss or damage suffered by Purchase arising therefrom. EST reserves itself the option, in the event of an occurrence of any of the above contingencies, to cancel this order or contract or any part thereof without any resulting liability.
In general shipping costs will be explicitly shown on the EST website as well as in the individual order confirmation. To benefit our customers, we make an effort to ship all product at the lowest obtainable freight rates, unless otherwise requested by purchaser. If prepayment of shipping cost is required, such as with shipments subject to freight allowance, any additional costs for premium rate services such as Express Shipping or Air-Freight will be charged to purchaser. Shipment sent by Parcel Post will be insured and the postal fees and insurance will be added to the within 10% over or under the exact quantity ordered by Purchase. The purchaser will be provided with an individual shipment number to track the shipment process.
With domestic shipments, delivery of products will constitute delivery to purchaser, at the time product is transferred to purchaser, and all risk of loss or damage in transit shall be borne by purchaser. In the case of export shipments, delivery to the purchaser shall take place when the products arrive at the first unloading station outside the United States. In shipments to Mexico and Canada, delivery is an arrival at the address of the ultimate consignee. Title to, ownership of risk of loss of, and right to possession or control of the products sold to purchaser shall remain with EST until delivery of the products. The time, manner or place of payment, whether before or after shipment, by letter of credit or otherwise, segregation of the products to the purchaser's contract, storage of the product on behalf of purchaser, consignments to the purchaser or its agent, and importation and customs clearance by the purchaser shall in no way limit the rights of EST as the legal and beneficial owner of the products until delivery. Any use of the terms "F.O.B." or "C.I.F." or the like, shall apply to price only and not to title and ownership. It is expressly agreed that the title retained by EST until delivery is not bare legal title retained for insurance policy and shall protect the interests of EST as the legal owner of the products until delivery, in the event of loss of damage to the shipment, however, the purchaser shall promptly notify EST and, on behalf of EST, complete and file any loss claim statements or order documents required in order to claim insurance coverage even though payment may have been made prior to delivery. EST shall have the right, in addition to all others it may possess, at any time, for credit reasons or because of purchaser's default or defaults, to withhold shipments.
Purchasers may cancel orders without paying a cancellation fee within the Return Period, which is 30 calendar days from the date of order in California and 20 days in other states. After that 30 day period EST cancellation During the Return Period, you can cancel orders for any reason as long as you: (a) contact us in written form to cancel; and (b) return with proof of purchase, any product purchased from EST. Once an item is entered into the shipping process, it cannot be canceled. It can, however, be returned for a refund. Items should be returned in their original product packaging or equivalent packaging of the same quality. Purchaser shall not be able to cancel orders because of delays in delivery or other causes until ten (10) days after EST has received written notice of of such termination. Purchaser shall be required to accept any products shipped or delivered by EST during such period, as well as material and working process on custom orders. Faulty, imperfect or otherwise non functioning products can be returned due to paragraph 8 (Claims).
Claims for defective products, shortages, delay or failures in shipment or delivery or for any other cause, shall be deemed waived and released by purchaser, unless made in writing within five (5) days after arrival of products. If the claim arises later and within a given warranty period, the regulations of the product specific warranty shall apply. No claims will be considered for products altered, defaced, or upon which any additional operation has been performed, and no claims will be allowed for labor, refabrication, transportation or any other expense incurred by purchaser, without prior written approval of EST. If the products fail to meet written specifications agreed to by EST, subject to EST's tolerances, purchaser shall not return them, but shall notify EST within the five day period, providing complete and detailed information in support of his claim. EST, at its option, shall either replace the products upon return of the defective or unsatisfactory material or adjust the matter fairly and promptly: under no circumstances shall EST be responsible for consequential or other damages, losses or expense, directly or indirectly incurred in connection with, by reason of the use of, or the inability to use the products for any purpose. EST does not warrant or guarantee the technical advice concerning use of products and/or installation.
If any product shall be manufactured or sold by EST to meet purchaser's particular specifications or requirements, purchaser agrees to indemnify, protect and save harmless EST against all suits or actions, and from all judgments, decrees, costs and expenses for actual or alleged infringement of any United States or foreign patent. Purchaser agrees that upon request of EST, he shall, at his own expense, defend or assist in the defense of any such action which may be brought against EST by reason of such alleged infringement.
EST retains ownership of all intellectual property and proprietary data. Proprietary data means all design, engineering, process- and technical information. Unless otherwise specifically stated herein, EST further retains ownership of all rights, title and interest in and to any and all ideas, invention, improvements, materials, copyright-able materials or the like, conceived or made by EST as a result of relation to work performed in connection with the manufacture and sale of the products.
In the event that unpaid invoices are sent to collection, purchaser is subject to and agrees to be responsible for any collection fees generated by this process, standard collection fees being 33% of the total amount owed to EST.