All sales made by eBuyNow (“EBN”) to its customers with EBN resale accounts (“Purchaser”) are subject to these term and conditions. Purchaser’s acceptance of these terms and conditions shall be made by either (i) Purchaser providing a purchase order number to EBN or (ii) Purchaser’s acceptance of Product from EBN, whichever occurs first. These terms and conditions shall apply to sales of all products described in EBN’s current complete product listing, including special order products.
Table of Contents
- Ordering
- Price
- Payment Terms
- Shipping Details
- Commercial Terms
- Warranty and Product Returns
- Patent and Trademark Indemnity
- Limitation of Liability
- Export Controls
- Government Restrictions
- Choice of Law
- Binding Effect/Assignment
- General
1. Ordering
Prior to placing an order Purchaser must have an active EBN sales account number and Purchaser’s account must be current and in good standing. Purchaser must provide EBN with complete Product order information as required by EBN. The Product order information will include, the (i) Product description, (ii) casepack quantity, (iii) EBN SKU number and/or vendor part number, (iv) current price as provided by EBN, and (v) correct shipping address. Purchaser will identify, for each Product order, the ship-to destination as either Purchaser, Purchaser’s customer or to some other 3rd party. Purchaser shall not disclose any confidential information when ordering from EBN. The preferred method for placing orders will be through the EBN electronic ordering portal. At the discretion of EBN, they may choose to accept orders over the telephone, via fax from personnel who identify them as Purchaser and provide their EBN customer number. It is the responsibility of the Purchaser to disclose this information only to personnel who require this information.
All Product pricing, description and availability information (“Information”) provided by EBN, in any form, is the property of EBN. EBN hereby grants Purchaser a limited, non-exclusive, non-transferable license to use the Information for Purchaser’s internal use and only for the purposes of Purchaser’s sales and purchases of Products sold by EBN. Purchaser agrees to hold in confidence and not to directly or indirectly use, reveal, report, publish, disclose or transfer to any other person any of the Information for any purpose except as permitted herein. EBN MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED ON THE INFORMATION. ALL INFORMATION IS PROVIDED TO THE PURCHASER “AS-IS”. EBN HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO THE INFORMATION INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF THE MERCHANTIBILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
2. Price
All prices are subject to change without notice and will be established at the time of order acceptance by EBN. Order acceptance and sale by EBN occurs at the time of shipment. Prices for backordered Products are not guaranteed.
3. Payment Terms
1-4 case units - payment is required before shipment.
5 -29 case units - 50% deposit payable on order, 50% required before shipment.
30+ case units – please contact resellers@eBuyNow.com to arrange terms.
Please note credit will not be given without special agreement. Payment advice should be sent to payables@ebuynow.com with your company name and eBuyNow order reference.
4. Shipping Details.
1-9 case units.
Free shipping on all products with an expected delivery of up to 28 days.
10-29 case units.
Free shipping on all products with an expected delivery of up to 60 days. Optional air-freight is available at a surcharge per unit with an expected delivery of up to 28 days.
30+ case units.
Free shipping on all products with an expected delivery of up to 90 days. Optional air freight is available at a surcharge per unit with an expected delivery of up to 60 days.
5. Commercial Terms
Deliveries to USA and EU - Delivered Duty Paid (DDP).
Deliveries to all other shipping destinations – Delivered Duty Unpaid (DDU).
6. Warranty and Product Returns
A 2% warranty buy out is covered in eBuyNow pricing. Returns will only be accepted if proof is provided of warranty claims in excess of this amount. Please direct any queries to resellers@eBuyNow.com.
Purchaser may request an RMA for the return of defective Products in excess of 2% of total units ordered within 45 calendar days of the invoice date. Upon verification that the returned Product is defective, EBN may, at EBN’s sole discretion either, (i) ship Purchaser a replacement Product or (ii) provide the Purchaser a credit equal to the lesser of the Product’s invoice price or current replacement value less any applicable charges or fees. EBN reserves the right to require the Purchaser to return the defective Products directly to the manufacturer in accordance with its defective Products return policy. EBN shall not be obligated to repair, replace, or issue credit for Products rendered defective, in whole or in part, by causes external to the Products, including but not limited to catastrophe, power failure, environmental extremes, improper use, maintenance or application or the Products. Purchaser shall bear all risks of loss when returning defective Products.
7. Patent and Trademark Indemnity
EBN SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY OR HOLD HARMLESS PURCHASER FROM AND AGAINST ANY OR ALL DAMAGES AND COST INCURRED BY PURCHASER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS BY PRODUCTS.
8. Limitation of Liability
EXCEPT IN CONNECTION WITH A BREACH OF CONFIDENTIALITY OBLIGATIONS, IN NO WAY WILL EBN BE LIABLE TO RESELLER, RESELLER’S CUSTOMERS OR END-USERS FOR: (I) ANY INCIDENTAL, INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST DATA, OR OTHER DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THE EBN SOLUTION; OR (II) AGGREGATE LIABILITY EXCEEDING THE TOTAL AMOUNT OF THE FEES PAID BY RESELLER TO RESELLER DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF ANY SUCH CLAIM.
9. Export Controls
Regardless of any disclosure made by Purchaser to EBN, Purchaser shall not export, either directly or indirectly, any documentation, EBN products, or system incorporating such EBN products without first obtaining a license as required by the licensing Government. Purchaser shall clear any such materials through customs in all such countries and pay all applicable duties. Purchaser will not export any EBN goods unless such export complies with all applicable export laws and regulations that apply to the materials supplied to Purchaser by EBN under the terms of this Agreement.
10. Government Restrictions
In the event that Purchaser elects to sell EBN products or services to the Local / Municipal or Federal level of Government, Purchaser does so solely at its own option and risk, and agrees not to obligate EBN as a subcontractor or otherwise to the Government. Purchaser remains solely and exclusively responsible for compliance with all statutes and regulations governing sales to the Government. EBN makes no representations, certifications or warranties whatsoever with respect to the ability of its goods, services or prices to satisfy any such statutes and regulations.
11. Choice of Law
These terms and conditions (and any agreement into which they are incorporated) shall be construed, interpreted and enforced under and in accordance with the laws of England and Wales applicable therein without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods.
12. Binding Effect/Assignment
The terms and conditions shall be binding upon the parties and their respective representatives, successors and permitted assigns. Purchaser is not permitted to assign its rights and/or duties without prior written consent of EBN. Any attempted assignment shall be void.
13. General
These terms and conditions, as published on the EBN website at the time of sale, are the official terms and conditions of sale between EBN and Purchaser and may be amended from time to time without notice and EBN’s sole discretion.