Terms & Conditions

BINDING TERMS AND CONDITIONS OF SALE

The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by EandEShop Technologies & EandEShop Electronics (“EandEShop”) to EandEShop’s customers (“Customers”).

1. ACCEPTANCE AND CANCELLATION OF ORDERS

All orders are subject to acceptance in writing by EandEShop or a duly authorized agent of EandEShop. Any written acknowledgment of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by EandEShop may be cancelled by Customer upon written consent of EandEShop provided such order is not “NC/NR” or “Non-Cancelable/Non-Returnable”, “Non-Standard Products” or governed by a Purchase Agreement Letter. Non-Standard Products are defined as Products that are special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products. Non-standard products are non-cancelable and non-refundable. In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which EandEShop may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by EandEShop, and shall be paid by Customer to EandEShop. Customer requests to reschedule are subject to acceptance by EandEShop in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by EandEShop to the shipment carrier. EandEShop reserves the right to allocate sales and limit quantities of selected Products among its customers in its sole discretion. Product specifications and availability are subject to change without prior notice.

1a. Returns

Customer must notify EandEShop within 7 days from the date of shipment of any defective product. (See EandEShop’S LIMITED WARRANTY for further information.) Returns are normally accepted when completed within 7 days of the ship date. If EandEShop agrees to accept a return, return freight charges must be prepaid by customer. EandEShop will not accept COD shipments. Some products may require return directly to the manufacturer. Contact a sales representative for a Return Materials Authorization Number and addressing instructions prior to returning the product. The foregoing statements concerning Returns do not apply to NON-CANCELABLE/NON-RETURNABLE PRODUCTS. (See the NON-CANCELABLE/NON-RETURNABLE PRODUCTS section in these terms.)

1b. **Counterfeit Product Prevention Clause**

Only products originally shipped from EandEShop or from a supplier at EandEShop’s direction (drop-ship) will be returned to EandEShop. All others will be promptly quarantined and disposed of or returned to the customer. By a Customer returning products to EandEShop, the Customer certifies that the products were purchased from EandEShop and there has been no substitution in whole or part of the same product from another supplier, distributor or other such source of the product. The return should be in the original packaging (manufacturer or EandEShop), in unused condition (except defective). ESD sensitive products should not be opened except under controlled conditions.

2. PRICES

Orders are billed at the prices in effect at the time of shipment. Prices will be as specified by EandEShop and will be applicable for the period specified in EandEShop’s quote. If no period is specified, quoted prices will be applicable for thirty (30) days. The catalog reflects the latest pricing information available at the time of printing. Prices shown in the catalog are subject to change without notice. Prices are subject to increase in the event of an increase in EandEShop’s costs or other circumstances beyond EandEShop’s reasonable control. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, and document fees.

3. TERMS OF PAYMENT

All payments must be made in the currency billed on the original invoice.

Credit cards accepted include major credit cards, purchase cards, and major bank debit cards including MasterCard, VISA, Diners Club, Discover, and American Express. Credit Card billing information must be verified on new customers prior to the shipment of order. Payment terms by Purchase Order are not accepted unless signed by EandEShop’s acceptance letter.

Prepaid Wire Transfer/EFT/Proforma: Customers can wire the funds to our bank. After your order is placed we will e-mail a Proforma invoice which includes our bank information, the merchandise total, shipping charges, and a $25 (USD) wire transfer/EFT fee. We will reserve stock for your order for 72 hours on orders awaiting funds. Orders will be canceled after 20 business days if funds have not been received. Customer is responsible for duties and taxes.

3.1 TERMS OF PAYMENT

For All Orders
Customer agrees to pay the entire net amount of each invoice from EandEShop pursuant to the terms of each such invoice, without offset or deduction. Orders are subject to credit approval by EandEShop, which may in its sole discretion at any time change the terms of Customer’s credit, require payment in cash, bank wire transfer/EFT or by official bank check, and/or require payment of any or all amounts due or to become due for Customer’s order before shipment of any or all of the Products. If EandEShop reasonably believes that the Customer’s ability to make payments may be impaired or if Customer fails to pay any invoice when due, EandEShop may suspend delivery of any order or any remaining balance thereof, until such payment is made or cancel any order or any remaining balance thereof. Customer will remain liable to pay for any Products already shipped and all Non-Standard Products ordered by Customer. Customer agrees to submit such financial information as EandEShop may reasonably require for determination of credit terms and/or continuation of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by EandEShop against any obligation owing by Customer to EandEShop under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer’s liability for any additional amounts owing by Customer to EandEShop. The acceptance by EandEShop of such check will not constitute a waiver of EandEShop’s right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to the date of payment at the annual rate of eighteen (24%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, EandEShop may pursue any legal or equitable remedies, in which event EandEShop will be entitled to reimbursement of costs for collection and reasonable attorneys’ fees. There is a 1000/- (INR) service charge on all returned checks.

4. SALES TAX

**Indian Shipments**

When required by law EandEShop will collect Central, State and/or Local sale, use, excise, and other taxes that apply to a Customer’s shipment. These taxes are in addition to the purchase price of the Products subject to an order. Customer will remit the correct tax unless customer is tax-exempt and EandEShop has a valid signed tax exemption certificate on file.

**INTERNATIONAL Shipments**

All applicable VAT, PST, HST, and/or GST charges along with brokerage fees will be the responsibility of the Customer and due at the time of delivery.

5. DELIVERY AND TITLE

All shipments by EandEShop are F.O.B. point of shipment from EandEShop’s facility and the amount of all transportation charges will be paid to EandEShop by the Customer in addition to the purchase price of the Products. Subject to EandEShop’s right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. EandEShop will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by EandEShop are estimates only and that EandEShop will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by EandEShop unless specifically designated by Customer. EandEShop reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered. Delivery timeline for purchased product will be 1 week or 7 days max.

6. EandEShop’S LIMITED WARRANTY

EandEShop agrees to transfer to Customer whatever transferable warranties EandEShop receives from the manufacturer of Products sold to Customer. EandEShop makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, EandEShop MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. EandEShop’s liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by

7. CONTACT INFORMATION

Mightyonics
76 7th Cross Bharathi park road,
Saibaba colony,
Coimbatore-641011,
Tamilnadu,
India.