EFS Guarantee

Guarantee: All products and services provided by EFS are guaranteed on quality and performance. Performance guarantees are written to meet owner-driven project specifications.

General: All quotations and orders are subject to the following conditions of sale. Stenographic and clerical errors are subject to correction. All prices are subject to change without notice. Orders become contracts only upon acceptance by EFS in Arvada, Colorado, USA. Any terms and conditions contained in the Purchaser’s purchase order or request for quotation, written or oral, which differ from EFS’s terms and conditions shall not be binding upon EFS. Any agreements or understandings modifying the conditions of the contract resulting from EFS’s acceptance of a customer’s order will not be binding unless made in writing by EFS’s headquarters office in Arvada, Colorado, USA.

Changes in Orders: Purchaser shall not have the right to change quantities and items on orders prior to the date of shipment, unless 1) EFS agrees to changes in writing, 2) time for delivery is extended as required by EFS, 3) items being changed are specially constructed for Purchaser and if so, a cancellation charge acceptable to EFS has been agreed upon in writing.

Cancellations: Purchaser shall not have the right to change quantities and items on orders prior to the date of shipment, unless: 1) EFS agrees to such cancellation in writing, 2) items being canceled are not specially constructed for Purchaser and if so, a change order charge acceptable to EFS has been agreed upon in writing.

Returns: EFS will not accept any return of any product unless such return has been authorized by EFS in writing. All such authorized returns of good material must be shipped freight prepaid and upon their receipt and inspection, if they are found to be saleable, credit will be issued on the basis of invoiced price or the current selling price, whichever is lower, less a 20% handling and restocking charge. If found to be unsaleable, returnee will be given the option of paying for re-return of goods to his place of business or accepting scrap value from EFS.

Limited Warranty: Products are warranted to be free from defects for a period of one (1) year from date of installation or 18 months after shipment, whichever occurs first. Any alleged defect must be reported to EFS, in writing, within 5 days after discovery thereof or this warranty shall be void. If, upon inspection, EFS determines product is defective and has not been subject to abusive treatment or faulty installation, or used with fluids, gases or in atmosphere not compatible with materials of manufacture, the product, at EFS’s option will be repaired or replaced at no charge to the customer. This warranty does not apply to any consequential damages, including but not limited to lost profits, labor charges, in and out charges, freight charges, or any other such expenses of loss resulting from an allegedly defective product and such damages are not the responsibility of EFS. EFS shall not be liable for any injury or damages other than to the goods themselves. In the event that a defect is claimed, the alleged defective product must be received, freight prepaid by returnee.

Promises of Delivery: The delivery date is only an estimate of the date of shipment. EFS does not guarantee shipping dates and notwithstanding anything contained herein to the contrary, EFS will not be responsible for damages suffered by the Purchaser because of late delivery. EFS will not be responsible for delays due to reasons beyond EFS’s control such as fire, flood, earthquake, strikes, Acts of God, war, material shortages, insurrection, government regulations, etc.

Product Modification: EFS reserves the right to modify its products at any time without notice. EFS also reserves the right to deliver such modified products, as long as they meet the original performance specifications of the Purchaser.

Claims: All claims regarding product or shortages must be received in writing by EFS within 10 days of receipt of the product by Purchaser. All shipments are made F.O.B. the carrier at EFS’s dock, with risk of loss passing to the Purchaser at that point.

Terms: Net 30 after date of invoice on all orders and with appropriate credit. A 1.5% per month service charge will be added on the unpaid balance to all accounts in excess of 30 days from date of invoice.

Price: All prices are subject to change without notice, unless guaranteed by EFS in writing. In the event that it becomes necessary to increase prices after acceptance of your order, your approval will be obtained before shipment is made, otherwise the order will be canceled.

Freight: Charges for transportation of the goods are the responsibility of the Purchaser unless specifically agreed to in writing by EFS. If EFS accepts responsibility for shipping charges, EFS reserves the right to ship by any carrier of its choice. If special transportation is requested by the Purchaser, all such related charges shall be the responsibility of the Purchaser.

Taxes: No deductions are allowed for federal, state, or other taxes. Any manufactures or sales tax applicable to any order will be added to prices and terms on EFS price and discount schedule.

Collection: In the event it becomes necessary to incur any expense for collection of any overdue account, reasonable collection charges, including reasonable attorney’s fees will be added to the balance due and Purchaser shall pay such charges.

Applicable Law: The laws of the State of Colorado shall govern any transaction.

Number: The singular shall include the plural and the plural shall include the singular.