Terms and Conditions

Terms and Conditions of Sale

These terms and conditions govern the sale of Products (“Product or Products”) and provisions of Services (“Services”) by EzSBC LLC, Inc (‘EzSBC ’) and its affiliates as well as by third party vendors and/or service providers of EzSBC . Services are defined as any service and/or content EzSBC makes available to or performs for Customer, as well as materials displayed, transmitted or performed on the website (www.ezsbc.com) or related GitHub pages (https://github.com/EzSBC). These terms and conditions (“Agreement”) take precedence over Customer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither EzSBC ’s commencement of performance or delivery shall be deemed or construed as acceptance of Customer’s supplemental or conflicting terms and conditions. EzSBC ’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Customer’s acceptance of the Products and/or Services from EzSBC shall be deemed to constitute acceptance of the terms and conditions contained herein. These terms are subject to change and may be revised at any time. All revisions will be effective upon EzSBC posting updated terms to its website.

Orders

All orders placed by Customer are subject to acceptance by EzSBC . All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Unless otherwise agreed, all materials will be shipped no later than one year from the date that EzSBC accepts the purchase order. EzSBC may in its sole discretion allocate Product among its Customers. EzSBC may designate certain Products and Services as non-cancelable, non-returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in EzSBC ’s NCNR Letter, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere. NCNR Orders may not be cancelled or rescheduled without EzSBC ’s written consent.

Price

The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in EzSBC ’s cost, change in market conditions or any other causes beyond EzSBC ’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.

Taxes

Unless otherwise agreed to in writing by EzSBC , all prices quoted include freight and shipping costs and sales tax, compliant with federal, state, and local tax regulations. All prices quoted are exclusive of insurance costs. Customer agrees to indemnify and hold EzSBC harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on EzSBC ’s invoice.

Terms of Payment

Payment may be made by check, credit card, PayPal or wire transfer (all fees are borne by the Customer). Where EzSBC has extended credit to Customer, terms of payment shall be net seven (7) days from date of invoice, without offset or deduction unless otherwise noted. If Customer fails to make each payment when it is due, EzSBC reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which EzSBC has extended credit to Customer. In the event of default by Customer, EzSBC shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.

At any time, EzSBC may change the terms of Customer’s credit. EzSBC may apply payments to any of Customer’s accounts. If Customer defaults on any payment, EzSBC may reschedule or cancel any outstanding delivery or Order and declare all outstanding invoices due and payable immediately. Unless otherwise provided by applicable law, Customer credits provided by EzSBC will expire if unused within 12 months.

Delivery & Title

All deliveries from EzSBC to a Customer’s delivery location are in accordance with Incoterms 2010 FCA (“Free Carrier”) unless otherwise specified in writing. Title & risk of loss pass to the Customer upon delivery to the carrier. EzSBC ’s delivery dates are estimates only and EzSBC is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of EzSBC , nor shall the carrier be deemed an agent of EzSBC . A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.

Product Returns, Refunds & Exchanges

Returns

Only products originally shipped from EzSBC or from an authorized supplier (drop-ship) will be considered for return to EzSBC . By a Customer requesting return of products to EzSBC , the Customer certifies that the products were purchased from EzSBC and there has been no substitution of the product from another supplier, distributor or other source of the product. Returns must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a EzSBC representative via a Return Material Authorization (RMA)

Exchanges

Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from EzSBC that have been used or altered and any items that have been sold NC/NR will not be accepted for exchange.

Non-Cancelable and Non-Returnable (NCNR) Items

Because of the custom nature of NCNR orders, our standard return and cancellation policies do not apply. Once the Product has been shipped from EzSBC, those Products cannot be returned. If EzSBC (a) holds Product(s) in our inventory for Customer, (b) orders specialty Product(s) specifically for an order from a third party supplier, (c) has begun manufacturing Product(s) based on order, (d) has begun manufacturing a Custom Kit, that order cannot be canceled. A Custom Kit is defined as any kit that has been modified from our storefront SKU to be customized to the customer’s specifications.

Return Freight/Restocking Fee

EzSBC reserves the right to charge cancellation fees. EzSBC does not refund the original shipping and handling. Customer is responsible for all return freight charges. EzSBC does not accept COD shipments.

Refunds

Upon receipt and inspection of returned item(s), EzSBC will advise of the refund status. In this case of factory warranty or failure analysis, EzSBC will issue any applicable credit pending manufacturer confirmation of failure. EzSBC initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account. Returns for Orders older than 30 days or returns including merchandise that is not in original condition or unable to be restocked, EzSBC reserves the right to deny the return or change the refund method to store credit.

How to Return an Item

See Return Policy page.

Limited Warranty

If EzSBC is found to breach this limited warranty, Customer’s sole remedy is limited to (at EzSBC election) (1) refund of Customer’s purchase price for Product(s), (2) repair of Product(s), or (3) replacement of Product(s); provided that Product(s) must be returned to EzSBC , along with acceptable evidence of purchase, within 30 days from ship date, transportation charges prepaid. No warranty will apply if the Product(s) has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.

EzSBC warrants that at the time of delivery, Product(s) will conform to the specifications stated by EzSBC in its published data sheet for the Product(s). All warranty claims will be time-barred 12 months from the time of delivery of the non-conforming Product(s).

EzSBC makes no representation of warranty with respect to information, materials and Services provided on or through the website. INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ‘AS IS’.

EzSBC makes no representation of warranty with respect to Software and will have no liability in connection therewith. SOFTWARE IS PROVIDED ‘AS IS’ WITH NO ADDITIONAL WARRANTY.

EzSBC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON INFRINGEMENT.

Limitation of Liability

EzSBC liability to Customer is limited to Customer’s direct damages up to an amount not exceeding the price of the Product at issue. EzSBC is not liable for, and Customer is not entitled to any indirect, special, incidental or consequential damages (for example, loss of profits or revenue, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of customers). To the extent EzSBC cannot lawfully disclaim any implied or statutory warranties, Customer’s statutory rights are not affected by this limitation of liability. Customer will indemnify, defend and hold EzSBC harmless from any claims based on (a) Customer’s compliance with EzSBC ’s designs, specifications, or instructions, (b) modifications of any products by anyone other than EzSBC, or (c) use in combination with other products.

Use of Products

Customer shall comply with the manufacturer’s Product specifications. Product are not authorized for use in life support systems, life sustaining systems, human implantation, nuclear facilities or any other application where Product failure could lead to personal injury, loss of life or significant property damage. If Customer uses or sells the Products for such use in such applications or fails to comply with EzSBC ’s Product specifications, Customer acknowledges that such use, sale, or non-compliance is at Customer’s sole risk. Customer shall indemnify, defend and hold EzSBC harmless from any claims based on: (i) EzSBC ’s compliance with Customer’s designs, specifications, or instructions, (ii) modification of any Product by anyone other than EzSBC , or (iii) use of Products in combination with other products or in violation of this clause.

If Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer’s sole risk; (2) Customer agrees that EzSBC is not liable, in whole or in part, for any claim or damage arising from such use; and (3) Customer agrees to indemnify, defend and hold EzSBC harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.

Export Control

Certain Products sold by EzSBC are subject to export control regulations of the United States, the European Union, and/or other countries, excluding boycott laws (“Export Laws”). Customer shall comply with such Export Laws and obtain any license or permit required to transfer, export, re-export or import the Products. Customer shall not export or re-export the Products to any country or entity to which such export or re-export is prohibited, including any country or entity under sanction or embargoes administered by the United States, European Union or other countries. Customer shall not use the Products in relation to chemical, biological or nuclear weapons, rocket systems (including ballistic missile systems, space launch vehicles and sounding rockets) or unmanned air vehicles capable of delivering same, or in the development of any weapons of mass destruction.

Customer certifies that it will be the recipient of the Products to be delivered by EzSBC . Customer understands that the associated Products listed on their Purchase Order includes items that are governed by the U.S. Export Administration Regulations (“EAR”), by the U.S. Foreign Assets Control Regulations (“OFAC”) and the Internal Traffic in Arms Regulations (“ITAR”). The Customer agrees to consult various resources, such as the EAR, ITAR, and OFAC, by the U.S. Department of Commerce’s Bureau of Industry and Security’s (“BIS”) Export Counseling Division, and other appropriate Government Sources to ensure that the sales and distribution of Products, is processed in accordance with all applicable laws. The Customer will not transfer any export-controlled products to a “non-U.S. Person” without the proper authority of the United States Government, and the customer’s written approval.

Forces Beyond EzSBC ‘s Control

EzSBC is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control (for example, acts of nature, acts of omissions of Customer, operational disruptions, natural or artificial disasters, epidemic medical crises, materials or Product shortages, strikes, riot, war, criminal acts, delays in delivery or transportation, inability to obtain labor, government priorities, changes in law, material shortages, fire, floods, quarantine restrictions, acts of terrorism, materials or Products through regular sources).

Technical Assistance or Advice

If technical assistance or advice are offered or given to Customer, such assistance or advice is given free of charge and only as an accommodation to Customer. EzSBC shall not be held liable for the content or Customer’s use of such technical assistance or advice nor shall any statement made by any of EzSBC ’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.

General

This Agreement shall be governed, construed, and enforced by the laws and courts of the State of Arizona. The State of Arizona shall have jurisdiction over all controversies arising out of, or relating to, this Agreement.

  • The unenforcability or invalidity of any of these terms or conditions will not affect the remainder of the terms and conditions.
  • Products, including software or other intellectual property, are subject to any applicable rights of third parties and Customer shall comply with such rights.
  • Product information (for example, statements or advice (technical or otherwise) advertisement content, and information related to a Product’s specifications, features, export/import control classifications, uses or conformance with legal or other requirements) is provided by EzSBC on an “AS IS” basis and does not form a part of the properties of the Product. EzSBC makes no representation as to the accuracy or completeness of the Product information, and disclaims all representations, warranties and liabilities under any theory with respect to the product information. All Product information is subject to change without notice.

All features, content, specifications, Product(s) and prices of Product(s) and Services described or depicted on the website are subject to change at any time without notice. The inclusion of any Product(s) or Services on the website at a particular time does not imply or warrant that these Product(s) or Services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the website. By placing an Order, you represent that the Product(s) ordered will be used only in a lawful manner.

  • In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm Orders by email, the receipt of an email order confirmation does not constitute our acceptance of an Order or our confirmation of an offer to sell a Product or Service. We reserve the right, without prior notice, to limit the order quantity on any Product or Service and/or to refuse service to any Customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

We will fully cooperate with any law enforcement authorities as per our Guidelines for Law Enforcement.

The design of the website and all text, graphics, information, content, and other materials displayed on or that can be downloaded from the website are protected by copyright, trademark and other laws. The contents on the website are Copyright (c) 2023, EzSBC , or their respective affiliates and suppliers. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. Customer acknowledges and agrees that if Customer views, accesses, or otherwise uses the content on the website that uses YouTube API, Customer shall be bound by the YouTube Terms of Service.

Certain trademarks, trade names, service marks and logos used or displayed on the website are registered and unregistered trademarks, trade names and service marks of EzSBC and its affiliates. Other trademarks, trade names and service marks used or displayed on the website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the website grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the website without the written permission of EzSBC .

By submitting user content to the website you are granting EzSBC a worldwide, non exclusive license to use the user content and are representing and warranting to EzSBC that the content is owned or duly licensed by you, and that EzSBC is free to publish, distribute and use the user content as hereinafter provided for without obtaining permission or license from any third party.