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This Agreement contains the terms and conditions that apply to your purchase from Ecotech Imaging, Inc. ("Ecotech Imaging"). THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH Ecotech Imaging, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN. These terms and conditions are subject to change without prior written notice at any time, in Ecotech Imaging's sole discretion.
Returned products or merchandise are subject to the return policies of the manufacturers we represent. The interpretation of the actual manufacturers return policies is at the sole discretion of Ecotech Imaging. For further information not listed, please contact your Ecotech Imaging account manager.
Please call 888-233-7550 or e-mail our Returns Department to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. Further, Ecotech Imaging assumes no risk or responsibility for products returned without an RMA number. For faster service, please have the following information available when calling for an RMA number: customer name, product part number, invoice number, serial number and nature of the problem.
All products returned MUST be: 100 percent complete. Complete is defined as all items being returned with ALL of the original boxes and packing materials, having their original UPC codes intact on the manufacturer's boxes, containing all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
Freight charges for returned products are the customers' responsibility. Ecotech Imaging strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
Consumable products like toner, ink cartridges, drum and paper are non-returnable if the manufacturer's factory seal has been broken. Contact your Ecotech Imaging account manager for guidance in returning products.
Ecotech Imaging reserves the right to authorize product returns beyond 30 days from the invoice date. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Ecotech Imaging on returned items.
If merchandise arrives damaged to you please contact your Ecotech Imaging account manager. You must contact Ecotech Imaging immediately upon receipt of damaged product. In the event product is returned without cause a 15% return processing fee will be assessed and any applicable freight charges.
If you accept a damaged package, make sure any externally visible damage is noted on the carrier's delivery record. This will enable Ecotech Imaging to file a damage claim. In the event of shipping damage, you must save the merchandise AND the original box and packing it arrived in. Additionally, in the event of visible shipping damage, we recommend you take and retain photographs of the shipment and notify Ecotech Imaging immediately to arrange for a carrier inspection and a pick up of damaged merchandise.
Defined as an assessment that is performed at no obligation to the client and is provided at the sole discretion of Ecotech Imaging. Criteria to perform a free assessment may include a mutual non-disclosure agreement to be signed by both Ecotech Imaging and client. Other criteria may need to be met including but not limited to the client being willing and able to implement a managed print services program.
This Sales Agreement is a legal contract between the Customer and Ecotech Imaging. By making a purchase, placing an order, or otherwise shopping on the Site, the Customer accepts this Sales Agreement. The terms and conditions of this Sales Agreement are subject to change without prior notice. At the time the Customer initially places or modifies an order, the terms and conditions posted on the Site will govern the order in question.
Relating to the purchase or sale of goods or services on the Site, this Sale Agreement constitutes the entire agreement between the Customer and Ecotech Imaging. Modification or termination of the Sales Agreement, with regard to goods or services that have been purchased or sold on the Site, may only be done in writing and signed by an authorized agent of Ecotech Imaging. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application. By contacting Ecotech Imaging at the address provided below, the Customer may withdraw consent to receiving electronic records or have the record provided in non-electronic form.
Ecotech Imaging
5663 Balboa Ave #480
San Diego, CA 92111
By making a purchase, placing an order, or otherwise shopping on the Site, you agree to the terms of this Sales Agreement or any terms and conditions on our invoice. In the event of any conflict between the terms and conditions stated on your purchase order and this Sales Agreement or any terms and conditions on our invoice, our terms and conditions shall prevail.
Ecotech Imaging hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by Ecotech Imaging in no way affects the terms of the manufacturer's warranty, if any. All products sold by Ecotech Imaging are third party products and are subject to the warranties and representations of the applicable manufacturers.
Ecotech Imaging will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Ecotech Imaging will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services Ecotech Imaging is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
This agreement and any sales hereunder shall be governed by the laws of the state of Nevada, without regard to conflicts of laws rules.
Copright© 2010 Ecotech Imaging. All rights reserved. All trade names and trademarks are the properties of their respective owners.
Title to products passes from Ecotech Imaging to Customer on shipment from Ecotech Imaging. Loss or damage that occurs during shipment is Customer's responsibility. Title to software will remain with the applicable licensor(s). Ecotech Imaging will provide assistance in attempting to resolve loss or damage that occurs during shipment and will work with manufacturers or distributors to expedite resolution.
All pricing is subject to change without notice. For all prices, products and offers, Ecotech Imaging reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Ecotech Imaging uses reasonable efforts to include accurate and up-to-date information on the Site, Ecotech Imaging makes no warranties or representations as to the Site's accuracy. Ecotech Imaging assumes no liability or responsibility for any errors or omissions in the content on the Site.
Terms of payment are within Ecotech Imaging sole discretion, and unless otherwise agreed to by Ecotech Imaging, payment must be received by Ecotech Imaging prior to Ecotech Imaging acceptance of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Ecotech Imaging. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Orders are not binding upon Ecotech Imaging until accepted by Ecotech Imaging. Any quotations given by Ecotech Imaging will be valid for the period stated on the quotation or until supplies and promotions for quoted products are available. Customer agrees to pay interest on all past-due sums at the rate of 18% per annum or the highest rate allowed by law, whichever is lower. Should Customer fail to pay the invoiced amount in accordance with its terms, Customer agrees to reimburse Ecotech Imaging for all costs of collection, including, without limitation, its attorney's fees.
Separate charges for shipping and handling will be shown on Ecotech Imaging's invoice(s). Unless Customer provides Ecotech Imaging with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Ecotech Imaging acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on Ecotech Imaging invoice. Shipping and handling charges varies on all orders due to weight and destination. Please contact your Ecotech Imaging account manager for our most current shipping rates. For your protection, we ship only to the verified billing address of the Customer's credit card. International shipping may be available in some circumstances, at the sole discretion of Ecotech Imaging. There can be no freight credit issued in the event any shipping delays either caused by acts of nature or other outside of Ecotech Imaging's control.
THE ECOTECH IMAGING WEBSITES IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT ECOTECH IMAGING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. ECOTECH IMAGING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE ECOTECH IMAGING WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ECOTECH IMAGING MAKES NO WARRANTY THAT THE ECOTECH IMAGING WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE ECOTECH IMAGING WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE ECOTECH IMAGING WEBSITES WILL BE CORRECTED. ECOTECH IMAGING MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ECOTECH IMAGING WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ECOTECH IMAGING WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE ECOTECH IMAGING WEBSITES OR FROM ECOTECH IMAGING, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE ECOTECH IMAGING PARTIES") SHALL CREATE ANY WARRANTY. ECOTECH IMAGING DISCLAIMS ALL EQUITABLE INDEMNITIES.
IN NO EVENT WILL ANY OF THE ECOTECH IMAGING PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE ECOTECH IMAGING WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE ECOTECH IMAGING WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY ECOTECH IMAGING PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
ECOTECH IMAGING reserves the right to modify, suspend, or discontinue the ECOTECH IMAGING Websites at any time without notice to you. For example, ECOTECH IMAGING may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and ECOTECH IMAGING makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local ECOTECH IMAGING business contact for information regarding the products, programs, and services that may be available to you.
Links on the ECOTECH IMAGING Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the ECOTECH IMAGING Websites. ECOTECH IMAGING is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, ECOTECH IMAGING does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the ECOTECH IMAGING Network, you do this entirely at your own risk.
Ecotech Imaging respects the intellectual property rights of others. If you believe your copyright or other intellectual property right is being infringed by a user of the Ecotech Imaging Websites, please provide written notice to the following for notice of claims of infringement:
Attn: Customer Service
Ecotech Imaging
5663 Balboa Ave #480
San Diego, CA 92111
Email: customerservice@ecotech-imaging.com
Your written notice must:
(a) contain your physical or electronic signature;
(b) identify the copyrighted work or other intellectual property alleged to have been infringed;
(c) identify the allegedly infringing material in a sufficiently precise manner to allow to locate that material;
(d) contain adequate information by which Ecotech can contact you (including postal address, telephone number, and e-mail address);
(e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
(f) contain a statement that the information in the written notice is accurate; and
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
ECOTECH IMAGING may, in its sole and absolute discretion, change these Terms from time to time. ECOTECH IMAGING will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the ECOTECH IMAGING Websites. Continued use of the ECOTECH IMAGING Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the ECOTECH IMAGING Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
