GENERAL WARRANTY
Ectron products are warranted against defects in material and workmanship for one year from the date of shipment. Ectron agrees to repair or replace any assembly or components found to be defective during this period. The obligation of Ectron under this warranty is limited solely to repairing or replacing, at its option, an instrument that in the sole opinion of Ectron proves to be defective within the scope of the warranty when returned to the factory or to an authorized service center. Transportation to the factory or service center is to be prepaid by the purchaser; provided, if it is determined by Ectron that the product is defective and its repair or replacement covered by Ectron’s warranty, Ectron will reimburse the customer for the cost of the lesser of: (a) UPS ground shipping; and (b) the actual shipping cost.
Shipment should not be made without the prior written authorization of Ectron in the form of an Return Material Authorization (RMA) Number issued by Ectron. Shipments without a valid RMA Number issued by Ectron on the external package label (near or on the shipping label) will not be accepted. Moreover, the shipment will only be returned at the Customer’s expense. Requests for RMA Numbers can be made using the RMA Request Form at the bottom of this page.
This warranty does not apply to products repaired or altered by persons not authorized by Ectron, or not in accordance with instructions furnished by Ectron. If the instrument is defective as a result of misuse, improper repair, alteration, neglect, or abnormal conditions of operation, repairs will be billed at Ectron’s normal rates.
WARRANTY REPAIR AND CALIBRATION SERVICES WARRANTY
Ectron warrants its repair and calibration services for a period of 90 days after date of shipment of the product relating to such services.
RETURN POLICY
Ectron’s computing products are non-returnable, except (a) for defects covered under the Warranties stated above, and (b) sensors designated as Eligible for Return (EFR) and sold for $175 or more (“Returnable Sensors”). All Returnable Sensors are returnable up until thirty (30) days after the date of delivery. Customers waive any right to return Returnable Sensors after the foregoing thirty (30) day period. Moreover, prior to returning Returnable Sensors, you must obtain an Return Material Authorization (RMA) number issued by from Ectron. Shipments without a valid RMA Number issued by Ectron on the external package label (near or on the shipping label) will not be accepted. Moreover, the shipment will only be returned at the Customer’s expense. Requests for RMA Numbers can be made using the RMA Request Form at the bottom of this page. Valid proof of purchase must accompany your Returnable Sensors, and the Returnable Sensors must be returned in their original condition and packaging, and shrink wrapped or sealed products must be unopened. The Customer is solely responsible for all costs associated with shipping Returnable Sensors, and all risk of loss remains with the Customer until delivery is accepted by Ectron. Ectron shall, in its sole discretion, determine if Returnable Sensors meet the above criteria and, therefore, entitle Customer to a refund.
For approved Returns, Customer will be charged a 30% processing, inspection and restocking fee. Moreover, shipping and handling costs are non-refundable.
GENERAL TERMS AND CONDITIONS
EXCEPT AS PROVIDED IN ECTRON’S GENERAL TERMS AND CONDITIONS OF SALE, ECTRON EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED IN FACT OR BY LAW, AND NEITHER ECTRON NOR ANY PERSON ON ITS BEHALF, HAS MADE OR MAKES FOR DISTRIBUTOR’S BENEFIT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF: (I) MERCHANTABILITY; (II) FITNESS FOR A PARTICULAR PURPOSE; (III) TITLE; OR (IV) NON-INFRINGEMENT; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ECTRON WILL NOT BE LIABLE UNDER ANY THEORY OF RELIEF, INCLUDING BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY PRODUCTS, OR ECTRON’S ACTS OR OMISSIONS FOR: (I) ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHATSOEVER (INCLUDING LOSS OF ANTICIPATED VALUE OF A BUSINESS OR ITS REPUTATION) OR (II) ANY DAMAGE OR LOSS IN EXCESS OF THE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS OR SERVICES THAT CAUSED THE DAMAGES. ANY ACTION BY CUSTOMER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. THE FOREGOING LIMITATIONS APPLY EVEN IF CUSTOMER’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
This Agreement shall be deemed to have been entered into and fully performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard for the conflicts of laws rules thereof. Customer agrees that all controversies, disputes and claims arising out of this Agreement shall be adjudicated exclusively by a court of competent jurisdiction within San Diego, CA or the United States District Court closest to San Diego, CA. Customer irrevocably consents to the jurisdiction and venue of the state and federal courts mentioned above and waives any rights to seek a transfer of venue for any reason or to claim that the forum is inconvenient.
All notices under this Agreement must be in writing and addressed to Ectron at the address of its Corporate Headquarters. All notices to Ectron must be delivered by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested and postage prepaid). If any term or provision herein is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction.
These terms set forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of these Terms and Conditions.
ADDRESS FOR RETURNS
Ectron Corporation
9340 Hazard Way, Suite B2
San Diego, CA 92123
