Terms and Conditions

consumer  homepage

TERMS, CONDITIONS AND WARRANTY TO THE ORIGINAL PURCHASER OF ETA Engineering INC. PRODUCT or SERVICES (HEREINAFTER CALLED ETA).

PURCHASE PRICE AND TERMS OF PAYMENT: The purchaser price for the equipment or goods herein specified is payable in United States funds. Credit terms are net 10 days from date of invoice unless otherwise specified herein.

QUOTATIONS: All quotations expire on the 30th day after date of quote and prices are subject to change thereafter.

DELIVERY: shipping dates named herein are estimates only. ETA assumes no responsibility for damage, direct or consequential, by reason of delay in shipment. Without limiting the foregoing, ETA will not be responsible for delays in manufacturing or shipping due to causes beyond its control, to differences with employees resulting in strikes, to government regulation, or to inadequate or interrupted transportation facilities or services.

FOB POINT: Point of manufacture, unless otherwise specified herein. Title to the equipment or goods will pass on delivery to the carrier and the purchaser assumes risk of damage or loss in transit. Purchaser should state method of shipment preferred; otherwise ETA will use its best judgment.

TAXES: Unless otherwise specified, prices quoted do not include Federal, State or Local Sales or Use Taxes. Where applicable, these taxes will be invoiced as a separate item. ALL POLLUTION CONTROL EQUIPMENT, WASTEWATER PRETREATMENT, CAPITAL PROCUREMENT PROJECTS, QUALIFYING SOLAR SYSTEMS are exempt from ARIZONA TAXES.

RESPONSIBILITY: ETA assumes no responsibility or liability with respect to use, misuse, purpose or suitability, or for damage of any character, whether direct or consequential, from defect or delay. ETA's liability is limited to the replacement, in the manner herein stated, of defectively manufactured parts failing within the time limitation AND approved by ETA's suppliers in writing.

PURCHASER RESPONSIBILITY: By tendering that Purchase Order and by accepting the goods shipped hereunder, the purchaser represents to ETA that such shipment will not violate any law, regulation, rule, order or control imposed by any duly authorized government regulatory agency.

An order for the equipment, goods or services quoted herein is subject to acceptance by ETA and constitutes an acceptance by the purchaser of the quotation including the terms, conditions and warranty as specified.

CANCELLATION: It is understood that if the purchaser for any reason desires to cancel an order, he will; notify ETA in writing and agree to pay a reasonable and proper cancellation charge sufficient to cover whatever expense has been caused.

RETURNS: No credit will be given for returns except by approval of seller's suppliers at supplier's facility. No special materials or equipment may be returned.

PERFORMANCE: ETA warrants that the goods, equipment, or services quoted herein will perform at its rated capacity as indicated in this quotation and as described within the Scope; when properly operated and maintained. When this system is merely a part of a whole system, ETA assumes responsibility only for the equipment or services furnished by it, and not for the system as a whole. If instructions are not received with equipment, contact ETA immediately. And recommendations, written or verbal, relative to use or application of the equipment, should be deemed as suggestions only and can in no way change the terms, conditions and warranty as stated by the manufacturer.

WARNING & COVENANTS: The improper application of the goods, services, or equipment supplied; their use with improper wiring, piping or ventilation; improper or inadequate inspection or testing; the lack of regular careful maintenance of both the goods and equipment in connection with which the goods are used; the employment of insufficient or unqualified personnel; the lack of careful supervision, proper warnings, operations, and safety precautions; the exposure of the goods to excessive heat, moisture, dust, dirt, corrosion or any other deleterious conditions, each constitutes a hazard which can result in loss of life, serious injury, heavy property or business damage, and purchaser agrees to and to require others to take all reasonable measures to avoid such hazard. In the event of any such loss, injury, or damage, purchaser shall not itself, nor permit others to, dismantle, test or examine any of the goods without giving seller sufficient advance notice to be present and allowing such presence. By acceptance of the goods, purchaser agrees to indemnify seller against all liability, loss, cost and expense arising out of any claim of any nature involving the use or misuse of the goods, including but not limited to, any alleged or actual negligence, breach of warranty, defect or deficiency in the goods, their design, or application or in any drawing, service, suggestion, warning, instructions, or other literature.

CLAIM FOR SHORTAGES: All claims for shortages or missing items of merchandise must be made to ETA and the delivering carrier in writing within 14 calendar days after receipt of shipment. ETA assumes no responsibility for such shortage or missing item unless claim is made.

WARRANTY: ETA hereby promises to repair or replace any defects in material or workmanship in the goods or equipment quoted herewith, subject to the following conditions and limitations:

ETA for a period of ninety days after shipment, unless otherwise stated for subject product, guarantees to the original purchaser that the goods provided or equipment supplied to be free from defective materials and workmanship when properly utilized, installed or operated. Where ETA supplies equipment or component part NOT of its own manufacture, the regular manufacturer's guarantee/warranty shall apply. Parts which fall within the guarantee will be repaired at no charge, when returned freight prepaid to ETA. If at ETA’s option, the choice is made to repair the equipment at the purchaser's facility, the purchaser shall provide ETA with reasonable time during working hours to have access to the equipment. This warranty shall apply only if, the purchaser gives ETA written notice of defect within ninety days of shipment and is limited to those goods, parts, or equipment not herein excepted. The purchaser agrees that the sole remedy for breach of warranty quoted herein shall be the repair or replacement of the defective parts, or at the option of ETA to refund the purchase price. ETA shall not be liable for injury to property caused by defects in the goods or equipment other than to the equipment itself.

Where it is apparent to ETA that the defect is due to abuse or by use for which the equipment is not intended, then all repair charges shall be paid by the purchaser. Within the meaning of this warranty, abuse shall include: failure to follow instructions, specifications, or drawings provided with the equipment; or from the use of any consumable materials other than those specified by ETA; or by the use of electrical connections; air, water, ventilation or any other service connection not specified in the instructions for the equipment.

This document is a complete statement of all the terms, conditions and warranty between ETA and the original purchaser and contains all representations of the parties.

ATTORNEY'S FEES: If any legal action by ETA is necessary to enforce the terms of this agreement or to recover possession of the goods or equipment which is subject hereof, or its value, ETA shall be entitled to reasonable attorney's fees and court costs, in addition to any other relief to which it is entitled.