Terms and Conditions
Exclusive Governing Provisions
The sale of all products by Echo Engineering & Production Supplies, Inc. (“Echo”) to Purchaser is subject to and governed exclusively by these terms and conditions of sale (the “Conditions”). Echo’s acceptance of any order or other offers by Purchaser (whether written, telephonic, electronic, or otherwise) for any products is expressly made conditional on Purchaser’s assent to these Conditions. Purchaser’s assent shall be deemed given on the earlier of (i) written acceptance of these Conditions, or (ii) failure to reject these Conditions in writing by specifically naming and rejecting these Conditions in their entirety within seven (7) days after receipt of these Conditions as contained, referenced, or incorporated in a Seller acknowledgment, bill of lading, invoice or any other writing (including, without limitation, electronic correspondence).
These Conditions, together with the Echo acknowledgment, bill of lading, invoice or other writing (including electronic correspondence) from Echo that accompanies, contains, incorporates or references these Conditions, comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
These Conditions prevail over any of Purchaser's general terms and conditions of purchase regardless of whether or when Purchaser has submitted its purchase order or such terms. No additional or different conditions, whether contained in a purchase order or any other communication from Purchaser (whether written or oral and whether previously given or later asserted), shall be binding on Echo unless specifically agreed to in writing by an executive officer of Echo. The failure of Echo to object to such additional or different conditions shall not be a waiver of these Conditions or acceptance of such additional or different conditions. Fulfillment of Purchaser’s order does not constitute acceptance of any of Purchaser’s terms and conditions and does not serve to modify or amend these Conditions. Purchaser’s modification or amendment of, or addition to, these Conditions or any order accepted by Echo shall not bind Echo unless such modification, amendment, or addition is in writing and signed by an executive officer of Echo.
- Net 30 on approved credit
- All major credit cards accepted
- Wire transfer, check or bank draft
- Web orders: USD $100.00
- All other channels: USD $150.00
- Full bag quantities on plugs & caps
- Case quantities on selected tape products
- Minimum orders stated on custom or special order products
Tooling and Setup
The following payment terms shall be in effect for total tooling and/ or setup purchases that exceed $10,000:
- 33% of total tooling and/ or setup amount due upon order confirmation
- 33% of total tooling and/ or setup amount due upon first parts sample submission
- 34% of total tooling and/ or setup amount due upon PPAP submission
- 15% restocking fee on standard items.
- Store credit will be issued for all returns.
- Purchaser must use any store credit (net of the applicable restocking fee) toward future purchases of products within 12 months of Echo’s issuance of the credit; any store credit not so used within 12 months is canceled and of no further force or effect.
- All returns must be accompanied by an RMA# issued by the Echo office where the purchase was made. All claims must be made within 15 days of the invoice date. Custom & special orders may not be returned, unless defective. Echo will not honor or process any RMAs or Credits after 90 days from the original invoice date.
F.O.B. Echo any location
Echo reserves the right to charge 2% per month on any outstanding balances beyond the customer’s terms. Should action be required to enforce payment of any past due account, the customer is to pay all costs, including but not limited to, court costs, attorneys’ fees, finance charges, and collection agency charges that may be incurred or expended. Returned checks will be charged a $25.00 fee.
All accounts that are more than sixty (60) days past due will be handled on a C.O.D. or credit card basis until current. Echo reserves the right to suspend or terminate any business transactions with any account which is more than sixty (60) days past due or beyond their credit limit.
Risks of Use
The uses to which Echo’s products are put are solely the discretion & responsibility of the purchaser or user. Purchaser assumes any and all liability arising out of, or in any way connected with the use of such products & hereby agrees to indemnify, defend and hold Echo harmless for such liability, including from and against all losses, damages, and expenses, including without limitation attorneys’ fees and costs, arising out of any claim or demand for any such liability. Samples of most Echo products are available at no charge for test evaluation, but no such samples or evaluation shall alter these Conditions in any way. The use of any sample or model in connection with a sale of goods is for illustrative purposes only and does not constitute a warranty that the goods will conform to the sample or model. Purchaser assumes all responsibility for testing the compatibility and capacity of its products with goods sold by Echo.
Purchaser shall name Echo as an additional insured under its commercial general liability insurance, which shall include products-completed operations coverage. Such insurance shall be primary and shall not contribute with any other insurance available to Echo. Echo shall not be responsible for any deductible or self-insured retention in connection with such insurance, and Purchaser shall be solely responsible for paying any such deductible or self-insured retention on Echo’s behalf. Upon request, Purchaser shall provide evidence of such insurance satisfactory to Echo.
Echo’s products are guaranteed to be free from defective material or workmanship for a period of 90 days from the date of shipment. The Echo office where the order was placed shall inspect and determine whether products are defective.
Other than as expressly stated herein, Echo makes no representations, warranties or guarantees of any kind. ECHO EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The exclusive remedy for losses or damages resulting from the sale of products by Echo is limited to, at Echo’s election, one of the following: (i) return of defective products and repayment of the purchase price, or (ii) replacement of defective products. In no event shall Echo be liable for punitive, special, incidental, or consequential losses or damages.
Governing Law and Jurisdiction
This contract shall be governed by the laws of the State of Indiana, without regard to conflict of laws issues. Any dispute arising out of or relating to these Conditions or any products purchased from Echo shall be brought exclusively in the state or federal courts of Indiana.