These "Standard Terms and Conditions of Sale" shall apply to the sale of products (hereinafter, "Products") by E-Expeditors and Electronic Expeditors, Inc. (hereinafter "EE").
Written, sequentially numbered, quotations with 30 days price protection are available upon request. Generally, All Prices, Terms and Conditions are subject to change without notice, unless confirmed with an agreed delivery date(s). Inadvertent errors or omissions found in EE quotes and Web information are, necessarily, subject to reasonable correction by EE.
ORDERS AND PRICING
Order Acceptance and Verification: After you place your order we may verify additional details of your order. Placing an order with EE is an offer to purchase our items. EE may, or may not accept any part of your order, for any reason. No order is accepted until product ships. If we decline your order we will attempt to notify you using your email address or phone number provided. Any delivery date provided with any order is only an estimate and does not represent a guaranteed delivery date. Electronic Expeditors may reject any order, or part of an order.
Pricing and Product Information: Electronic Expeditors works to show current and accurate information relating to the Products and prices, however it does not guarantee the accuracy of any such information. Prices or product information may change at any time prior to Electronic Expeditors's shipping of your order.
Payments by: CIA, COD, First Party Business Check, Money Order, MasterCard, American Express or VISA will facilitate trade with EE. EE also offers open account terms of “Net 30 Days” from Ship Date to qualified domestic institutions and companies. Failure to pay according to these Payment Terms voids EE’s warranty. All payments are to be in US Dollars drawn on a US Bank. Applicable Sales/Use Tax, Excise Tax, Shipping and Handling Charges, should be added to the invoice at the time of sale.
LATE PAYMENT AND FINANCE CHARGES
Customer’s failure to pay for “Product(s)” purchased from EE within EE’s Payment Terms as set forth above, on EE’s website (www.ee-usa.com), on EE quotes and on EE invoices voids any actual or implied EE warranty. In addition, Customer shall be liable for a $25 Late Service Fee; plus 1.5% per month Finance Charge on all past due balances from the date of Invoice; plus a Collection Charge to reimburse EE for all costs incurred to collect payment.
Shipments are FOB Shipping Point (generally Waukesha, WI). Orders received without special shipping instructions will be shipped via EE’s usual carrier(s) with appropriate taxes, freight and handling charges “Prepaid and added” to the invoice. Other special accommodation deliveries by EE personnel will be charged as if shipped by common carrier. HANDLING CHARGES: All orders are subject to a Handling Charge of up to $3.90 plus 0.12% (or $0.12 per $100) of the shipment value, which will be added to all “Freight Prepaid and Added” shipments.
WARRANTIES, LIABILITIES AND INDEMNIFICATION
EE warrants to its Customer that standard distribution Products conform to manufacturer’s specifications, and that value-added work performed by EE conforms to Customer’s specifications provided for the work. EE makes no other warranty, express or implied, with respect to its Products. EE makes no warranty regarding the merchantability of its Products, or their suitability or fitness for any particular purpose or application. EE makes no warranty regarding infringement of protected intellectual property rights. EE will, however, assist its Customers in accessing appropriate transferable warranties or indemnification offered by the manufacturer of the Products to EE or its customers. With respect to any Product that does not meet applicable manufacturer’s specifications and with respect to value-added work by EE which does not meet applicable Customer’s specifications, EE’s liability is limited, at EE’ discretion, to: 1.) the Refund of Customer’s purchase price for the Products, 2.) Repair of such Products, or 3.) Replacement of such Products. This warranty is conditioned upon the Products being returned, in the condition received, to EE under its Return Policy within 45 days of shipment and with acceptable evidence of purchase from EE (i.e., original shipping documents and/or item labels). CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO INDEMNIFICATION FROM EE, AND EE SHALL NOT BE LIABLE FOR DAMAGES OF ANY NATURE RELATED TO DELIVERY OR PERFORMANCE OF SAID PRODUCTS, INJURY FROM INSPECTION, INSTALLATION OR USE OF SAID PRODUCTS; LOSS OF PROFIT, CUSTOMERS OR GOOD REPUTATIONS; AND, COSTS RELATED TO EXPEDITING, DEVELOPMENT, OVERHEAD, MANUFACTURING, MARKETING, INSTALLING, WARRANTY, PERFORMANCE FAILURE OR ASSURANCES.
CUSTOMER’S RECOVERY FROM EE FOR ANY CLAIM SHALL NOT EXCEED EE’S INVOICE PRICE FOR THE SUSPECT PRODUCT REGARDLESS OF THE NATURE OF THE CLAIM.
EE will reject “Unauthorized Returns” at receiving. EE will gladly accept the “Authorized Return” of Product(s) received with a Return Authorization (RA) Number, within 45 days of shipment, for repair, replacement or credit, where appropriate. To facilitate an authorized return, please contact your sales representative for a RA Number. All RA’s for repair, replacement or issuance of credit, where allowable, is subject to inspection and offered at EE’s sole discretion in accord with its Warranties (see “Warranties”). Items typically not stocked by EE, quoted as NCNR, purchased below manufacturers’ “Suggested List Prices” or customized to your specifications, are generally not returnable (NCNR) for credit unless they do not meet manufacturers’ specifications or EE modified them incorrectly. All credits are issued against future purchases and are subject to forfeiture if not used within 1 year.
BLANKET ORDERS & SCHEDULED SHIPMENTS
EE offers blanket orders, not to exceed a year, for certain commercial applications Releases scheduled for prompt delivery, at the time of acceptance, will be price guaranteed according to the original schedule. Prices and availability of unscheduled releases are subject to EE’s new costs or accessibility at the time of scheduling your releases.
EE will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unusual circumstances, acts of God, acts or omissions by third parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, or war. EE’s time for delivery or performance will be extended by time and the recovery period of the event. In any such event, EE may, at its option, cancel any order or remaining part thereof without liability by giving due notice to Customer.
In the normal course of business it may become necessary for you to cancel an order that is in process. Please be assured that you will receive our full cooperation in such matters. However, parts EE purchased specifically for your orders and parts our suppliers have in process specifically for your orders may incur cancellations charges appropriate to make EE and our suppliers whole. If you are contemplating a substantive order change or cancellation, please contact EE immediately to determine if and what cancellation charges might apply.
LOST OR DAMAGE SHIPMENTS
Products shipped from EE are carefully packed in compliance with best industry practices and carrier requirements.
You must file any claim for lost or damaged shipments with your carrier. It is important to keep the shipping carton(s), packing materials and parts intact when filing a damage claim. You are welcome to call us for assistance.
OVERAGES and SHORTFALLS
Custom parts for unique parts, special production runs and some special orders for standard parts are subject to manufacturers’ overruns and/or shortfalls of +- 5%.
VARIANCES and ACCOMMODATIONS
It is in our mutual best interest, and it is EE’s intention, to carefully and promptly address all customer concerns. Any special waiver, variance or accommodation made for our customer shall not alter the integrity or applicability of any other “Standard Terms and Conditions of Sale”. Variances to the above “Standard Terms and Conditions of Sale” can only be authorized with the express written approval of an officer of Electronic Expeditors Inc. Customer agrees to comply with all applicable U.S. regulations regarding the export of EE products. Customer agrees to adhere to The Export Administration Regulations administered by the Bureau of Industry and Security.
Export of commodities, technology or software from the United States must be in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.