EWS, Inc. / Environmental Water Systems
4.1-26
www.EWSWATER.com office: 702-256-8182 (m-f; 8:30-4:30, pst) fax: 702-256-3744 [email protected]
Invoices are expressly limited to and made conditional upon the terms and conditions contained herein. Objection by Buyer to any
of the terms contained herein shall be deemed to have been waived (if not previously waived) if written notice of the objection is not
received by EWS, Inc. ("EI") within ten calendar days of the date of the first invoice or before part of the described goods are accepted
by Buyer, whichever occurs first. Any additional or different terms proposed by Buyer are rejected unless assented to in writing by EI.
1
.
PRICES:
All prices are in U.S. dollars. Prices are subject to change without notice. Orders will be invoiced at prices
prevailing at time of shipment. All prices are F.O.B. our warehouse, Southern California and exclusive of any shipping, delivery,
packaging or handling charges that may apply.
2.
TERMS OF PAYMENT:
The terms of payment on approved accounts only shall be net thirty days in U.S. dollars from the date
of invoice to date of receipt of payment in our offices for all invoiced products whether partial or complete delivery of the product under
order. All past due accounts are subject to a charge of 11/2% per month (18% per annum) for each month or fraction of a month on
the unpaid balance.
3.
TAXES:
Prices do not include sales, use, excise or similar taxes. The amount of any present or future sales, use, excise
or other tax applicable to the sale or use of EI's products or equipment shall be paid by the Buyer unless the Buyer shall have provided
EI with a tax exemption certificate acceptable to taxing authorities.
4.
ACCEPTANCE:
All purchase orders are subject to acceptance by EI at its corporate offices in Las Vegas, Nevada and are
subject to these Standard Conditions of Sale, unless otherwise expressly provided.
5.
SHIPMENTS:
Delivery to carrier shall constitute delivery to customer. EI's responsibility terminates upon delivery in good
order to carrier. All goods are shipped at the customer's risk. Any claim for loss or damage in transit should be made promptly by
customer against carrier. These and other shipment terms are written clearly on the reverse side of all packing slips that accompany
all accepted shipments. All costs of freight, transportation, handling, in-route storage, certification and other documentation are to be
paid by Buyer. Any other terms will be issued to Buyer, in writing, with approved credit and an established EI/Buyer relationship.
6.
DELAYS; FORCE MAJEURE:
EI shall not be liable for delays in delivery of the goods or failure to deliver the goods caused,
in whole or in part, by inability to obtain transportation, equipment, or material, insurrection, fires, floods, storms, embargoes, action
of any military or civil authorities, whether legal or de facto, strikes, labor difficulties, lockouts, acts of God, or other similar or different
circumstances beyond the control of EI.
7.
CANCELLATION:
The Buyer may not cancel all or part of an order without verifiable notification to, and acceptance by EI.
8.
RETURN OF MATERIALS:
No Product may be returned to EI without written approval by a Company Officer. A restocking
charge of 25% will be assessed (45% if unit had been used) NO EXCEPTIONS. Product must be returned freight pre-paid, boxed
and in resale condition. EI will never take responsibility, under warranty or return, for improperly installed and/or misrepresented
units.
9.
SELLER'S SECURITY INTEREST:
EI shall retain a security interest in the goods sold hereunder until Buyer has paid in full
for such goods provided by EI in connection therewith and has performed all of Buyer's obligations under this contract.
10.
COLLECTION:
Buyer shall reimburse EI for all costs of collection, including reasonable attorney's fees, incurred by EI to
collect any monies owing under this contract. A $45.00 service charge will be invoiced on all returned checks.
11.
WAIVER AND MODIFICATION:
No waiver or modification of any of these Standard Conditions of Sale shall be effective
unless such waiver or modification is in writing and signed by an officer of the Company in Las Vegas, Nevada. In event any part of
these conditions be waived, or be held to be invalid by any competent court, the remainder shall continue in force and shall be
interpreted as if such waived or invalid part were not contained herein.
Published and Printed in the U.S.A.
EWS Inc./Environmental Water Systems
9101 W. Sahara Ave., Suite # 105-J8, Las Vegas, Nevada 89117
ph 702-256-8182, fx 702-256-3744 [email protected]
(formerly, Esbinco, Inc.) 9/94, rev: 9/02
www.ewswater.com
EWS, Inc. has a current, published, and widely distributed, Pricing Guide that contains suggested list prices for certain water filtration
and conditioning products ("Products") sold by EWS, Inc. ("Seller"). Seller assumes no obligation to sell to anyone any of the
Products listed herein, known or unknown, at any price.
This current Pricing Guide has been prepared for the convenience of Seller's distributors and their customers. The list prices
shown are guides only and do not purport to represent actual prices in any particular market and are not intended to interfere with the
right and responsibility of Seller's distributors to establish their own resale prices.
All current prices herein set forth supersede all prior lists and are subject to change without notice. Seller may also, from time
to time, change, modify, alter, improve and/or discontinue without notice the sale of any of the Products listed herein.
All seller's orders are accepted and delivered based upon the Terms and Conditions found on this Pricing Policy page, found in
this Pricing Guide, available in all Seller’s Product Manuals and reprinted on the reverse side of all invoices submitted and monthly
statements sent. Please read them carefully. They provide information that is important to Seller's distributors and their customers.
PRICING POLICY
GENERAL TERMS AND STANDARD CONDITIONS OF SALE
EWS, Inc. 06/83, 09/99, 01/03 memo_conditions_sale_EWS.p65