Distribution – EPI products are sold exclusively through a worldwide network of selected Electrical Distributors and Wholesalers located throughout the United States.
Acceptance – No order shall be binding upon EPI until accepted and acknowledged in writing by EPI at its home office in San Antonio, Texas. Any contract for sale of goods, and these Conditions of Sale, shall be governed by and construed according to the Uniform Commercial Code as adopted in the State of Texas.
Delivery – The estimated shipping date is based on production time required to process the order from the date the order is received. Production time counts business days Monday through Friday, weekends and holidays are not counted in production time. In the event it is necessary to revise the design, specifications, or Conditions of Sale, the shipping date shall be automatically extended by the period of time required to achieve the mutually agreed upon connections or adjustments of the design, specifications, or Conditions of Sale.
Delays in Delivery – Purchaser shall not hold EPI responsible for any delay or for any damages suffered by Purchaser due to fires, strikes, riots, acts of God, priorities, government orders or restrictions, delays in transportation, delays of suppliers of materials or parts, inability to obtain necessary labor, or other causes beyond the control of EPI. In the event of such delay, the shipping date shall be extended for a period equal to the time lost because of such delay.
Damage or Loss in Transit – Delivery of goods to a carrier at EPI’s plant or other shipping point shall constitute delivery to Purchaser; and regardless of freight payment, all risk of loss or damage in transit shall pass to Purchaser at that time. Purchaser shall make claims for loss or damage to goods while in transit against the carrier; EPI will assist Purchaser in securing satisfactory adjustment of such claims.
Warranties – EPI warrants goods manufactured by it to be free from defects in materials and workmanship for a period of one (1) year from date of shipment from its plant. If within such period any such goods shall be proven to EPI’s satisfaction to be so defective, then and in that event, such equipment shall be repaired at EPI’s option. Such correction or replacement of defective goods shall constitute a fulfillment of all liabilities in respect to such goods. Under no circumstances will credit be allowed for unauthorized rework on any materials.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EPI shall not be liable for damages to goods, property, or persons due to improper installation or through attempts to utilize the goods under conditions, which exceed the designed capabilities.
Terms – Those in effect on date of shipment. Payment in United States funds
Minimum Billing – Orders of less than $25.00 Distributor Cost, excluding repair parts and air freights, will be invoiced at $25.00 plus transportation charges.
Quotations and Prices – Orders are accepted with understanding that the goods will be billed at price in effect at time of shipment, unless otherwise specified in quotation.
The price and performance of this order is subject to resource availability and costs within the control of EPI at the time of manufacture. EPI reserves the right to cancel or adjust prices and delivery. All quotes are good for 30 days.
Standard Product Freight Terms – F.O.B. San Antonio, Texas. Freight charges will be prepaid and allowed on standard items shipped to any delivery point in Texas on a common carrier if the shipment is based on a single order containing $1,500 Distributor Cost or more, which is to be routed in one shipment to a single designation. All standard catalog items may be combined to determine freight allowances.
CUSTOM ITEMS CANNOT BE COMBINED WITH STANDARD ITEMS FOR DETERMINING FREIGHT ALLOWANCES. No allowance will be made for cartage at destination.
Catalog Weight and Dimensions – Catalog weights and dimensions are careful estimates but are not guaranteed.
Cancellation – Orders for normal quantities of standard listed goods may be canceled with a minimum of 15% cancellation fee if written instructions are received at the factory in time to stop shipment. Cancellation of orders for custom goods or standard goods in quantities larger than normal, which are in the process of manufacture, will be accepted with the understanding that EPI will be reimbursed for expenses incurred as a result of the cancellation. Engineering drawings produced for orders that are later canceled will be charged a minimum of $100 per drawing to the customer.
Returned Goods – Authorization and shipping instructions for the return of any goods must be obtained from the Purchasing Distributor from EPI first, otherwise, shipment will be refused. Only unused goods of current design manufactured by EPI will be considered for return.
If goods are in salable condition, a minimum restocking charge of 35% plus a 2% multi-product charge, plus all transportation charges paid by EPI will be deducted from our Credit Memorandum on the returned goods. Transportation charges on the returned goods must be prepaid. Any cost in excess of 35% restocking charge incurred in placing the goods in salable condition will be charged to the Purchaser by a corresponding deduction from the allowed credit. Goods returned for credit must be carefully packed so as to reach the Company without damage.
Goods built to customer specifications cannot be returned for credit. If the return of our goods is made necessary through some fault of EPI, full credit will be allowed, including whatever transportation expense the purchaser may have incurred, provided that the return has been authorized by EPI and is in accordance with the shipping instructions. No credit memorandum will be issued where the net amount involved is less than $25.00, except where an error made by the Company is being corrected.
Taxes and Other Charges – Any manufacturer’s tax, retailer’s occupation tax, use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or other tax, fee or charge of any nature whatsoever, imposed by any governmental authority on or measured by any transaction between EPI and Purchaser, shall be paid by Purchaser in addition to the prices quoted or invoiced.
Consequential Damages – Notwithstanding anything contained herein to the contrary, EPI shall not be liable for any consequential, contingent or incidental damages, whatsoever.
Penalty Clause – No penalty clause of any description, in any specification or order, will be effective unless approved in writing over the signature of an officer of the company.
Errors – All clerical errors are subject to correction.