Do Not Use Products Sold by ElectroWise as Critical Components in Life Support Devices or Systems.
Products sold by ElectroWise are not authorized for use as critical components in life support devices or systems. A critical component is any component of a life support device or system whose failure to perform can be reasonably expected to cause the failure of the life support device or system, or to affect its safety or effectiveness. Any attempt to purchase any ElectroWise product for that purpose is null and void and ElectroWise accepts no liability whatsoever, in contract or otherwise, whether or not resulting from our or our employees' negligence or failure to detect an improper purchase.
All orders, regardless of how they are placed, submitted through the ElectroWise web site or through its printed catalog are specifically subject to all the terms and conditions contained herein. No change, alteration, deletion or modification of any of these terms and conditions is permitted. No person is authorized to accept, confirm or vary these terms and conditions including all representations and warranties unless they have been posted on this web site. All terms are specifically and exclusively subject to interpretation under the U.S. Uniform Commercial Code and all claims or disputes shall be interpreted according to Texas law and subject to jurisdiction in Texas state or federal courts at the exclusion of any other choice of law or choice of jurisdiction, including the U.N. convention on CISG.
Orders placed on forms deviating from these terms and conditions will not be accepted.
ElectroWise may offer technical assistance or suggest alternative parts. However, ElectroWise does not guarantee that this assistance is correct or that suggested part alternatives are based on the most recent data or that our interpretation and accuracy of the data is correct. Customer is solely responsible for confirming the validity of the assistance and the specifications as well as determining the appropriateness and compatibility in selecting part(s) for their application.
Product Liability
ElectroWise's sole obligation for products that prove to be defective within 90 days of purchase will be for replacement or refund. ElectroWise gives no warranty, either expressed or implied, and specifically disclaims all other warranties, including warranties for merchantability and fitness. In no event shall ElectroWise's liability exceed the buyer's purchase price, nor shall ElectroWise be liable for any indirect or consequential damages.
This warranty does not apply to products which have been subject to misuse (including static discharge), neglect, accident or modification, or which have been soldered or altered during assembly and not capable of being tested.
Infringement Disclaimer
Notwithstanding section 2-312 of any applicable version of the Uniform Commercial Code or any other similar law, or any purchase order term, other contractual provision or the like from the buyer, ElectroWise: (i) expressly disclaims any and all warranties against third party claims for infringement or the like, and (ii) shall have no obligation of any kind to the buyer for claims brought by third parties against the buyer for infringement or the like arising out of or in any way related to product purchased by the buyer from ElectroWise.
International customers please see International Orders for additional information.
Prices/Quantities
ElectroWise makes every effort to present current and accurate pricing in its catalog and on its Web site. However, prices are subject to change without notice and quantities may be limited. All orders are subject to current pricing at time of acceptance by ElectroWise. ElectroWise country specific Web sites offer alternative currencies. No trade in other currencies will be accepted.
Sales Tax
Only Texas residents need to remit 6.25% sales tax. ElectroWise does not remit sales tax to states other than Minnesota. Any sales tax due that is not collected by ElectroWise is the responsibility of the customer.
Payment
ElectroWise offers a number of convenient payment methods:
For United States customers we offer check, money order, MasterCard, VISA, American Express, Discover, and C.O.D. as well as open account credit to qualified institutions and businesses.
For Canadian customers we offer all of the above payment options except C.O.D.
For International customers see International Orders.
To obtain a credit application for open account credit, contact us. Or, you may download a credit application via the Internet. Please allow sufficient time for the credit approval process. To avoid delay on your initial order you may elect an alternative payment method.
Dishonored Check Policy
If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay us $20.00 as a service charge (if the check cannot be redeposited) pursuant to Texas Statutes § 332.50. In addition, you agree to pay any other reasonable charges imposed by any check verification company or collection agency that we may use for collection.
Out of Stock
On orders paid by check, money order or credit card, items not available for immediate shipment will be shipped as they become available. Items not available at the end of 30 days will be cancelled and refunded/credited in cases of prepayment. The number of backorder days may be extended beyond 30 days at customer's request. If a refund check is issued, the cancelled item can be re-entered without a handling charge if the check and cancellation notice are returned to us.
On orders billed to customers with open account credit, items not available for immediate shipment will be shipped and billed as they become available. Items not available at the end of 90 days will be cancelled. The number of backorder days may be extended beyond 90 days at customer's request.
International Orders
In addition to the United States and its territories, ElectroWise accepts international orders. All orders of international origin are exported from the US in accordance with the Export Administration Regulations. Diversion contrary to US Law is prohibited. An additional handling charge of $6.00 will be included for processing and invoicing. All duties and taxes will be the responsibility of the customer.
Payment options for International customers: MasterCard, VISA, American Express, Discover, cashier's check in US funds, as well as open account credit to qualified institutions and businesses. We cannot accept personal checks or certified personal checks. Money orders can result in significant delays. Use of Letters of Credit must be approved in advance by ElectroWise's Accounting Department.
Privacy Policy
Your privacy preferences as a ElectroWise customer are important to us. Although we occasionally make the names and addresses of our customer list available to selected companies that offer products or services that may be of interest to you, you may request to Opt Out. Alternatively, you may mail, telephone or fax ElectroWise your request. View complete Privacy Statement.
Export Control
ElectroWise is committed to compliance with all U.S. Export Regulations and Laws. ElectroWise will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC). ElectroWise will not sell or ship to individuals or organizations identified by the U.S. Treasury as Specially Designated Nationals and Blocked Persons. ElectroWise will not sell or ship products prohibited under Export Administration Regulations to individuals or organizations identified by the U.S. Department of Commerce, Bureau of Industry and Security (BIS). ElectroWise will not seek export licenses pursuant to Export Administration Regulations. ElectroWise participates in the BIS Export Enforcement and OFAC transaction reporting. Further, ElectroWise prohibits the reexport, brokering or transshipment of it's products to any individual, organization or country prohibited by the OFAC or BIS.
Warranty
Buyers must notify Seller within 90 days from date of shipment of any defective product. Seller warrants its products to be free from defects in material and workmanship at the time of shipment under normal use and service. Seller's obligations, with respect to warranty returns, are limited to repair, replacement or refund of purchase price actually paid for the product.
This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Seller's obligations and Buyer's remedies, with respect to defective or nonconforming products, are solely and exclusively as stated herein.
Limitation of Liability
Seller is not liable for any special, incidental or consequential damages including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses.
Product Application Limitation
Seller's products are not specifically designed, manufactured or intended for critical use in end products which are used for nuclear facilities applications, human implantable devices or life support systems. Seller is not liable, in whole or part, for any claims or damages resultant from such use.
We reserve the right to make changes to our Terms & Conditions statement at any time without prior notification.
Last Updated: June 8, 2004