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By placing your order for products through e-con Systems online webstore, you accept that you are bound to these terms and conditions. This Agreement applies to any sale and all statements made by e-con Systems in written and oral form
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1. Definitions
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"e-con Systems" shall mean e-con Systems, Inc, 1027 Sandistan Manor Ct, St Louis, MO 63146, USA or e-con Systems India Pvt Ltd, Module No. 35 & 36, 1st Floor, SDF-1, MEPZ SEZ, Tambaram,Chennai-45, INDIA. "Customer" shall mean a legal entity or business buying Products from e-con Systems. "e-con Systems Product" shall mean an e-con Systems Products, excluding any of the following items: Software, parts not installed or added by e-con Systems in its factory. "Order Confirmation": shall mean a formal acknowledgment email sent by e-con Systems to Customer for the Product ordered by Customer. "Price": shall mean Price stated in Order Confirmation Email. "Product": shall mean Product described in Order Confirmation Email including e-con Systems Products or 3rd Party Products. "3rd Party Products" shall mean Products that are produced by a company other than e-con Systems but which are sold by e-con Systems over its online webstore. "Software" shall mean computer operating systems, applications and middleware. Shipping Location shall mean e-con Systems' warehouse in India.
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2. Product Order Placing
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Customer may place orders through e-con Systems' online webstore. By submitting an order to e-con Systems, Customer agrees to be subject to these Terms and Conditions in their entirety. No order shall be binding on e-con Systems unless e-con Systems sends an Order Confirmation email. e-con Systems may request details about the purpose of the ordered Products. e-con Systems reserves the right to reject and cancel any order at its own discretion and without providing reasons. Customers should thoroughly verify Order Confirmation and inform e-con Systems of any error in writing immediately upon receipt of the email. Otherwise the details stated in the Order Confirmation shall apply to this Agreement.
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3. Products
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e-con Systems may revise and discontinue Products, including 3rd Party Products, at any time without notice. In case the Products are changed, discontinued or no longer in stock, e-con Systems will either promptly refund or ask customer if they would prefer an alternate product similar in functionality.
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4. Pricing
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Prices do not include handling, freight, customs or applicable sales, use, excise, or similar taxes unless specifically noted. Packing & Shipping charges are added separately during the time of online checkout, or in case of wire transfer, the charges will be billed separately. Pl note, the Prices are subject to change at any time.
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5. Terms of Payment
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All Products will be shipped only on 100% advance payment unless and otherwise agreed by e-con Systems in writing. Payment can be made only in US Dollars. If payment is made through wire transfer, bank charges and wire transfer charges are to be handled by the customer and the product fee shall not include them.
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6. Shipment and Delivery
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All products ship from e-con Systems' warehouse in India. Shipping and handling charges are additional, unless and otherwise indicated at the time of sale, and all fees shall be paid by Customer. e-con Systems shall have the right to commission, at e-con Systems' own discretion, any shipping company with the shipping of Products. e-con Systems uses FedEx and UPS as their preferred carrier. If the customer already has a preferred carrier, they are welcome to use the same. All custom clearances are to be handled by the customers in their respective countries.
e-con Systems' website shows the lead time for the product to be shipped. All customers are encouraged to check the lead time of the products before ordering them online. Once the product has been shipped, the customer will get the product in 3-4 business days. If Customer refuses delivery without e-con Systems' prior written approval, Customer must pay all expenses or loss resulting from delivery refusal until Customer accepts delivery. e-con Systems reserves the right to withdraw from the Agreement in case of delivery refusal. All other charges are exclusive of packaging & shipping charges. Customs, Destination handling charges and other charges are to be taken care by the customer. After the product is shipped, If the customer refuses to accept the product what so ever may be the reason, the product will be held at the destination for five days before it is abandoned. No refund will be done for the same.
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7. Refunds & Cancellation
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Products once shipped cannot be refunded or cancelled. Customers may return the product under the provisions in RMA document
www.e-consystems.com/jp/RMA-Policy.asp
However, the customer can cancel the order, if the product has not yet been shipped. e-con Systems will do the refund immediately.
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8. Warranties and Disclaimer of Warranties
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e-con Systems warrants to the Customer that Products meet the specifications at the time of delivery to the Customer and that Products will be free from any substantial defects under normal use during the Warranty Period, which begins on the date of shipment by e-con Systems to Customer. Read more about the warranty policy here - www.e-consystems.com/jp/warranty.asp.
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9. Force Majeure
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e-con Systems is not liable for any performance delays or for failures in whole or in part, caused by situations beyond its reasonable control; examples include riot, strikes, war, terrorist acts, transport/supplier/production problems, sabotage, accident, natural disasters, fire, explosion, exchange fluctuations, etc., If such situation exceeds a period of 3 months, this Agreement may be terminated by either party without compensation.
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10. Termination
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e-con Systems reserves the right to decline or terminate any order without explanation, for whatsoever reason, intimate about the decline and refund customer as soon as possible. e-con Systems shall have the right to terminate this Agreement immediately by email message - if Customer or any one associated with the customer has breached or are suspected to breach their country's customs regulations. Either party may terminate this Agreement with immediate written notice if the other commits a material or persistent breach of this Agreement and fails to remedy this within 20 days of written notice from the other. Becomes insolvent or is unable to pay debts as they fall due.
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11. Data Protection and Consent to Transfer of Data
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Customer data shall be held and/or transferred in accordance with the applicable data protection laws. Customer agrees and consents that e-con Systems may transfer Customer's data to an e-con Systems company or affiliate outside of the USA, to a country which may offer a different level of data protection. e-con Systems shall put sufficient safeguards in place to ensure a corresponding level of data protection.
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12. Governing Law and Jurisdiction
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This agreement shall be construed and enforced according to the laws of the State of Missouri USA, if payments are made to e-con Systems Inc., and according to the laws of country India, if payments are made to e-con Systems India Private Ltd.
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13. Current Policies and Modifications
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Customer should review details on Product, current e-con Systems policies, which can be found at www.e-consystems.com. e-con Systems reserves the right to make changes to its policies and these Terms and Conditions at any time, effective upon posting of an updated version to its website at www.e-consystems.com. Customer is responsible for reviewing the websites for any further updates.
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| (T&C e-con Systems 27122018 Version 1.1) |
