Legal
Acceptance of Terms
These terms and conditions of sale constitute a binding contract between
Customer and Eclipse Rackmount Inc (ERI). Customer accepts these terms
and conditions of sale by making a purchase or placing an order with ERI
or through this 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. Should a dispute occur, any implied or written contract will
be governed by and construed in accordance with the laws of the State of California. Both parties agree that the Court venue for such matters is in Marin County, California.
Product
ERI reserves the right to change off the shelf products at any time. Off the shelf product availability and timelines for production and/or shipping are given as estimates; actual delivery may vary. All product is guaranteed as stated under Warranty. Since proprietary plan sets are utilized to reduce redundancy in the design process on custom projects, ERI holds all rights to design and manufacturing documentation. If requested, drawings may be sent to the customer once a non-disclosure agreement (NDA) is in place. Conversely, ERI will not share trade secrets or other details exclusive to the customer in any subsequent project.
Return policy
Any non-defective off the shelf products may be returned within a period of (30) days of shipment and are subject to a 15% restocking fee. Returned units must be like new, unmounted, and returned in the original packaging to prevent any return shipping damage. ERI is not responsible for shipping costs or liability on any returned units. Any shipping/freight costs incurred through the free shipping offer will be billed in addition to restocking fees at the time of return. Custom products are provided through an exclusive, subjective service offered to the customer and therefore cannot be returned or refunded once the project is underway. As stated under Warranty, all custom products hold a two year warranty on defective metal parts.
Warranty
Both custom and standard (off the shelf) products carry a two year warranty for any defective parts or metal, not including damage inflicted by the customer or any unauthorized third party. Customer is responsible for any shipping charges and liability involved with returning the unit. Once received and inspected, a repaired or replaced model will be shipped back to the customer via UPS 3-Day Select at no charge. Turnaround times on warranty related items will vary, but most units are returned within one week. An extended warranty may be purchased at the time of sale on any off the shelf products.
Shipping Damage
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product as well as the original box and packaging. Notify ERI Customer Relations through our contact page, within 10 days to arrange for a carrier inspection and a pick up of damaged products. Timely receipt of this information is necessary for ERI to file a damage claim.
Pricing and Payment
Pricing for off the shelf products may change at any time. Quotes will exclude tax, shipping, and insurance in most cases. Payment may be made by American Express, Visa, MasterCard, or company purchase order subject to credit approval. COD can be made available under special circumstances. All purchase orders on custom products must be NCNR (non-cancelable non-returnable) and may be faxed to (858) 777-5529. Pricing on ongoing custom projects will remain fixed pending any increases in internal metal or labor costs, tax, shipping, or insurance.
UPS Ground Shipping Offer
Offer only valid on orders with delivery in the continental United States. Does not include racks/enclosures or evaluation units. Offer is for free UPS Ground only and is contingent on availability. Shipping charges will apply for faster delivery. Charges will apply on all returned units.
Two color custom faceplate silk screening is included at no extra charge on any order of (100) or more. An NCNR (non-cancelable non-returnable) order is required for this offer. Additional colors are available at an extra charge.
Silk screening may add two to three weeks to standard delivery unless a rolling schedule is in place. Blanket orders of (100) or more will qualify for this offer, assuming a delivery span no longer than twelve months. All tooling/setup is included. Offer is valid for any quantity order of one product. Customer is responsible for supplying the artwork to be used.
International Customers
With the exception of repeat orders or ongoing projects, all orders originating from outside the United States or Canada must be paid via wire transfer or international money order only. Funds must be received in full before any international order is shipped. Acceptable shipping methods for international orders include:
- UPS Worldwide Express
- UPS Worldwide Expedited
- FedEx International Priority
- FedEx International Economy
- Airborne International Express
Although other options are available, we will not ship using any service that does not include complete tracking or confirmation of delivery. Once the product is shipped, a tracking number is immediately provided for customer convenience.
Ongoing projects may qualify for Net terms depending on the customer and project, and will be granted only on a subjective basis at the discretion of ERI.
Export Sales
If a transaction involves an export under the Export Administration Regulations, the commodities and/or technology sold or distributed under these terms and conditions of sale exported from the United States by ERI are exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities and/or technology sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities and/or technology. In addition, warranties for exported products may vary or may be null and void for products exported outside the United States.
Website
All photos and information contained on this website are the exclusive property of Eclipse Rackmount, Inc, and may not be copied, distributed, reproduced, transferred, or sold in any way. Any information on this site is subject to change at any time, at the discretion of ERI.
Privacy policy
Before quoting, Eclipse Rackmount, Inc will collect information such as company name and contact info, industry, use of product, and other information related to the sale of products. All information is solely for internal use at ERI. Any information acquired by ERI or through this website will never be rented, sold, or shared without explicit permission from the customer. An electronic newsletter offering news and specials at ERI will be sent only to customers who have requested to receive it.
For more information pertaining to the newsletter, please click here.
COPYRIGHT NOTICE. Copyright © 2003-2008 Eclipse Rackmount, Inc. All rights reserved.
Any rights not expressly granted herein are reserved.
