Terms of service

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale constitute a binding contract between Customer and Eastworth Sales. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Eastworth Sales’s Website (the “Site”). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Sale contained herein and in Eastworth Sales’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto. For the purpose of these Terms and Conditions of Sale, “Customer” means the person or entity that purchases, places an order or otherwise shops at Eastworth Sales’s website.

 

CHOICE OF LAW AND FORUM

These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale or Customer’s use of this site shall be filed only in the state or federal courts located in the State of Oregon, and Customer further agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

EXPORT SALES

If this transaction involves an export under the Export Administration Regulations, the products sold or distributed under these Terms and Conditions of Sale exported from the United States by Eastworth Sales were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.

LIMITATION OF LIABILITY

Eastworth Sales  will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

SAFETY

Eastworth Sales has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part.

PRICING INFORMATION; AVAILABILITY DISCLAIMER

All pricing is subject to change. Eastworth Sales reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Eastworth Sales cannot guarantee that it will be able to fulfill Customer’s orders.

 ACCOUNTS AND PASSWORDS

Customer is responsible for maintaining the confidentiality of Customer’s account information and password and for restricting access to such information and Customer computer. Customer agrees to accept responsibility for all activities that occur under Customer’s account or password.

 

ORDERS; PAYMENT TERMS; INTEREST; TAXES

Orders are not binding upon Eastworth Sales until accepted by Eastworth Sales. Eastworth Sales reserves the right to refuse service to anyone. Terms of payment are within Eastworth Sales’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Eastworth Sales may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Eastworth Sales harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Eastworth Sales’s costs of collection, including court costs, filing fees and attorney’s fees.

 SEVERABILITY

If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

RETURN PRIVILEGES

Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with Eastworth Sales’s policy on returns and exchanges.