Terms & Conditions
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ACCEPTANCE OF ORDERS: Welcome to Eurmax Canopy Inc.Eurmax Canopy Inc. provides its products to you, subject to the following Terms and Conditions which may be updated by us from time to time without giving notice to you. You can review the most current version of Eurmax Canopy, Terms and Conditions at any time at: http://www.ErumaxUSA.com. Eurmax accepts and confirms buyer's order for the items and goods described on the sales invoice. As a buyer you agree to the terms and conditions of sale set forth below. No different or additional terms will be accepted by Eurmax unless agreed in writing and signed by Eurmax management. It's the buyer’s full responsibility to check with the buyer’s local government on any laws and regulation related to the purchase and the use of the products. Buyer agrees to get all required certificates and license from local government before any use of Eurmax products. Eurmax is not responsible for typographical or clerical errors made in any quotations, orders or publications.
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PRICES: Unless expressly stated otherwise, prices for all merchandise are subject to possible freight costs. Prices, discounts, quotations and specifications are subject to change without notice unless a required deposit or payment has been paid and secured.
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PAYMENT: All charges are payable in US Dollars. Payment shall be made as follows: Buyer must make 100% deposit on the price of each custom-made item. This includes customer name tags added to item(s), custom designs, and custom ordered colors not standard on the item(s) sold by Eurmax. All units are sold on a first-come, first-served basis. To guarantee the next available unit, a minimum deposit of 25% of the invoice is required. The rest of the payment must be made within 7 days after the unit is available. Each order must be paid in full prior to shipping.
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SALES TAX: Eurmax is only responsible for collecting sales California sales. The amount of any present or future sales tax applicable to the sale or use of the products sold hereunder shall be paid by the Buyer. Buyer agrees to indemnify and hold Eurmax harmless from all taxes (and any interest and penalties arising thereon) which any governmental or taxing authority claims or determines is due and has not been paid on the Sales Transaction, as a direct or indirect result of Buyer’s act or omission, including Buyer’s failure to qualify for any sales or other tax exemption.
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SHIPMENT: Shipping dates are based on Buyer promptly furnishing to Eurmax full and complete shipping information and full payment must be received prior to shipping. All goods shall be deemed delivered to Buyer at the time they are placed in the hands of any carrier and consigned to Buyer. Risk of loss, damage or destruction of any product is assumed by Buyer. Any manufacture defects must be reported to seller in written within 10 days from the date of the freight is picked up from the seller’s warehouse. Any shipments outside of the Continental United States relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer.
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CONTINUED PRODUCT AVAILABILITY: Eurmax reserves the right to discontinue the sale of any model, or to make changes in design for product improvement, without incurring any obligation to furnish or install the same on product previously furnished.
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COPYRIGHT: All logos, product names, trademarks, artwork, literature, photographs, and designs used for the purpose of producing Eurmax products are proprietary and the sole property of Eurmax. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. Eurmax makes no warranty that the goods will be delivered free of the rightful claim of any third party by way of infringement or the like. Buyer shall notify Eurmax if making, using, or selling the goods that may result in the infringement of a patent or copyright
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RETURN AND CANCELLATION POLICY:For any item purchased from Eurmax, Buyer has 7-DAYS from the date of receiving item to contact Seller to report any defects or damage. For any manufacture's defect or damage, Seller will either repair it locally or at seller pointed facility. In the case the buyer wants to cancel the order, the buyer needs to obtain a refund and return authorization within 7-DAYS from the date of receiving item. The returned item must be in the new unused condition and packed in its original package. A re- stocking fee of Twenty five percent (25%) of the price of the item(s) returned will be paid by Buyer. The buyer will be responsible for any and all charges for 1) the shipping of the item(s); 2) payment processing cost. The items must be in unused condition when returned. Any necessary repairs required to bring the item(s) returned to a like new condition will be paid by Buyer. SELLER WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS.If Buyer places a cancellation or change to the order after the payment has been processed, Eurmax has the right to withhold initial payment(s) made by customer(s) to use as remedy for production readjustment and associated costs. The buyer agrees to get all required certificates and license from your local government before any use of Eurmax products.
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DELAYED DELIVERIES: Eurmax Canopy shall endeavor, in good faith, to fulfill Buyer’s order by the date requested by Buyer or estimated by Eurmax. However, Eurmax shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence.
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PRODUCT TOLERANCES: All weights, color and dimensions, in regard to products sold by Eurmax are stated in literature or instruction material. These figures are approximate and within industry tolerances.
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INSURANCE: Buyer agrees to carry general liability insurance with coverage limits of no less than $1,000,000 in connection with Buyer's use or rental of any goods purchased from Eurmax.
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GOVERNING LAW: VENUE FOR LITIGATION; ATTORNEYS’ FEES: The parties agree that the Sales Transaction between Eurmax and Buyer shall be interpreted, applied and enforced under and pursuant to the laws ofCalifornia, without regard to its conflict of law principles. In the event of any litigation arising out of or relating to the Sales Transaction, the parties agree that the exclusive venue for any lawsuit hereunder shall be the Los Angeles Superior Court or the United States District Court for California. The buyer expressly agrees to submit to the personal jurisdiction of these courts in any action arising out of the Sales Transaction. In any action arising out of the Sales Transaction, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, arising there from.
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LIMITED WARRANTY: Eurmax Canopy provides buyers with a limited repair or replacewarranty and agrees and warrants only that the products identified to be Eurmax A product shall not be considered defective if its color is different from Eurmax catalogue or website and no warranty is made relating to color. All requests from buyer for warranty work are subject to product inspection at Eurmax. It's buyer's responsibility to ship the products to Eurmax, and ship back to customer after repair. Ordinary wear and tears will not invalidate Eurmax limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate Eurmax warranty. Buyer must use stakes, tie-downs and ground coversat all times to ensure the safety of users and the equipment. This warranty is not guarantee that the product will not through use, handling and storage develop tears or punctures from time to time, the repair of which is the responsibility of buyers. For the warranty, buyer will be responsible for the shipping costs of the repair. Warranty is granted to the original buyer only.
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LIMITATION OF LIABILITY: Under no circumstances shall Eurmax be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or Eurmax or buyer's performance or nonperformance, or any acts or omissions of Eurmax or in connection with the use of, or inability to use, the goods for any purpose whatsoever.