Terms & Conditions

Electro-Kinetics Inc. – Terms & Conditions

We receive orders each day for a wide variety of items from many customers. Our suppliers and manufacturing and distribution systems require that we establish standard conditions to handle orders as efficiently as possible. We are, therefore, displaying below our standard conditions under which orders are accepted.

1) Unless otherwise stated, all quotations are made for immediate acceptance, and prices are subject to change without notice at any time prior to shipment. Orders given to or accepted by salespeople or agents are subject to approval and acceptance by our Home Office.

2) All sales and agreements made by us are contingent upon strikes, fires, accidents, or other causes beyond our control, and we shall not be liable for any damages or expenses resulting from any delay.

3) No claims for shortage or overcharge will be allowed unless made in writing within ten days after receipt of goods.

4) On all orders for special material, we reserve the right to ship ten percent over or under the quantities specified. Special order material cannot be cancelled or returned.

5) Orders are accepted and entered with the understanding that after manufacture has started, they cannot be held for deferred deliveries, or revised or cancelled in whole or part without our being reimbursed for work already performed or material already purchased by us.

6) Goods returned to us will not be accepted unless we have granted special permission. Material returned with our permission, which is not defective, will be subject to a restocking charge, and any transportation charges we pay will be deducted.

7) Any of our manufacturer’s products found defective through faults of workmanship or materials will be replaced by nondefective goods per the manufacturer’s warranty, or credit will be allowed at invoice price at our option. In no case will we allow charges for labor, expense, or special incidental or consequential damages, the aforesaid replacement or credit being our sole liability for any cost, damages, injury or other loss arising from any defective product.

8) These terms and conditions will constitute the sole and entire contract between the parties, and no modification shall be effected by any different terms and conditions contained in any order, acknowledgement or acceptance form of Buyer. Our acceptance of your order is expressly made conditional on your assent to these terms and conditions. Acceptance of our goods will constitute acceptance by you of these terms and conditions.

9) No anticipation allowed. The taking of unearned discounts may be illegal. A charge of 1.5% per month (annual percentage of 18%) will be made on all invoices past due 30 days or more. We shall be entitled to all costs of collection, including reasonable attorneys’ fees, for any failure by you to pay our invoices or for any other breach by you of our agreement.

10) This is to certify that the subject goods have been produced in accordance with the Fair Labor Standards Act of 1938, as amended.

11) The contract between the parties shall be interpreted in accordance with the internal laws of the State of Illinois. Any provision that is found to violate any law shall be deemed deleted and the balance of this contract shall be enforceable.

12) Unless otherwise indicated, all shipments are F.O.B from our facility.

13) The warranty on each of our products shall not be extended in any way beyond the warranty provisions and limitations, including expiration time, supplied to us by the manufacturer of the subject product. We make no other warranty whatsoever, express or implied; all implied warranties of merchantability and fitness for a particular purpose are disclaimed and excluded.