Terms of Trade
Terms of Trade
INTRODUCTION AND GOVERNING LAW
These are the Terms & Conditions of Sale applicable to online purchases from ELM USA, Inc. (ELM USA). These terms apply to all transactions for the purchase of ELM USA, Inc. products ("Products") through its web site at www.elm-usa.com and any associated web page (the "Site").
These terms represent the complete Agreement between ELM USA and the Buyer covering the sale of Products from this Site. Except for terms implied by applicable legislation, ELM USA does not offer or agree to any conditions, warranties, guarantees or representations relating to the quality, description or performance characteristics of the Products other than those set out in these terms. The Buyer's completion of the Order form on this Site will constitute an offer to the Buyer to purchase Products (the "Order"). All Orders are subject to acceptance by ELM USA.
PRICES The prices to be paid by the Buyer for all Products will be ELM USA's current selling price on the date of receipt by ELM USA of the Order, less any applicable discounts in effect at that time. All Orders will attract a delivery charge as set out on the Delivery Charges and Checkout pages. ELM USA reserves the right to change its prices from time to time without prior notice to the Buyer.
E-MAIL ADDRESSES & INVOICES It is important that you enter a valid e-mail address, as invoices (in PDF format) are automatically e-mailed to that address. Please ensure your e-mail address is accurate. Also check your spam folder for undelivered invoices.
STOCK AVAILABILITY If a Product is "out of stock" when ELM USA processes an Order, ELM USA will contact the Buyer to discuss revised delivery times or refund options.
ORDERS All Orders made by the Buyer under this Agreement must be placed using the web pages on this Site and must specify the information requested, including (but without limitation):
(a) Quantity and description of Products (b) The full street address to which the Product is to be delivered (c) Current billing address to which credit card statements are sent.
The Buyer must complete all information requested on this website and credit card payment sites for the Order to be processed by ELM USA.
DELIVERY Delivery of a Product should occur between 1-7 business days after processing of an Order.
Buyer can make a will-call order pickup between the hours of 9:00 am - 4:30 pm CT at the Buffalo Grove, IL location only.
PAYMENT Payment for Products purchased from HPAL via the Site can be made only via credit card. All major credit cards are accepted.
DEAD ON ARRIVAL (DOA) A Product (except Factory Seconds) is deemed to be DOA if it fails to function according to its specifications either on set-up by the Buyer or within 14 days of its purchase date. The time period for calculating DOA commences two working days after delivery of a Buyer's Order. If the Buyer believes that a Product is DOA, they must contact ELM USA Technical Support to report the DOA status and discuss the fault. If ELM USA considers the Product to be DOA, it will issue a Return Material Authorization (RMA) Number and will send a DOA label, consignment note and return instructions to the Buyer. ELM USA will pay the freight cost associated with the return of a DOA Product, provided that the Buyer uses the ELM USA nominated freight carrier. ELM USA will deliver a replacement Product to the Buyer promptly upon receipt of the deemed DOA product.
INCORRECT SUPPLY OF ORDER If due to a warehouse or other error on the part of ELM USA, the Buyer receives a Product which does not conform to its order, the Buyer must contact ELM USA within 7 days of receipt of the Product. After returning the original Product to ELM USA, provided that the returned Product is in new condition with its original packaging unopened, ELM USA will ship the originally ordered product. Before returning a Product, the Buyer must obtain from ELM USA an email authorizing the return.
PRODUCTS DAMAGED IN TRANSIT Claims for alleged damage to Products caused in transit from ELM USA to the destination specified by the Buyer must be notified to ELM USA as stated below within 48 hours of receipt of delivery and the consignment note must be marked as "Received Damaged".
MACHINES AND PARTS SENT TO ELM USA FOR SERVICE AND REPAIR: ELM USA will make every attempt to repair parts and machines within a reasonable amount of time. Most repairs are made and shipped back within 14 days of approval from owner. However, ELM USA does not hold any guarantee on time needed for service repairs.
ABANDONED PARTS AND MACHINES IN SERVICE ELM USA will make every reasonable attempt to contact a customer when their machine is complete. Payment in full is expected prior to shipment, unless other arrangements have been made with ELM USA. Any parts or machines left in service for more than 90 days without written communication will be considered abandoned. ELM USA holds no responsibility for abandoned parts and machines. ELM USA may dispose of your product in accordance with applicable provisions of law, and specifically, may sell your product at a private or public sale to pay for any outstanding service performed. ELM USA reserves its statutory and any other lawful liens for unpaid charges, including diagnostic fees.
These documents constitute the entire agreement between customer and ELM USA.