EASTERN PPE IMPORTS, LLC (EASTERN) STANDARD TERMS AND CONDITIONS
Please read these terms and conditions carefully. They contain important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolutions remedies. They also provide that if Eastern is unable to resolve any matter to Customer’s satisfaction, Customer will exclusively use arbitration to decide the dispute and Customer will bring its claim solely on an individual basis and not in a class action or representative proceeding.
Except in those instances where Eastern and a business Customer (“Business Customer”) enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply.
For clarification, the term “Customer” includes Business Customers as well as individuals, and the term Business Customer includes but is not limited to, government, institutional, and educational customers.
Eastern reserves the right to revise these Terms and Conditions at any time.
A. SALES POLICY FOR PRODUCTS
Eastern PPE Imports, LLC ("Eastern") sells its complete offering to Business Customers in select states, while also serving individuals from select states.
“Web Prices” displayed on EasternPPEImports.com: (i) are offered to Customers that do not have other pricing arrangements with Eastern; (ii) are subject to these Terms of Sale; (iii) are available for orders placed on EasternPPEImports.com, by phone, or electronic or written means; (iv) do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.
Customers that have other pricing arrangements with Eastern can view their prices by contacting their account representative. Export orders may be subject to other special pricing.
Eastern reserves the right, in its sole discretion, to offer a volume discount (“Volume Discount”) to Customers based upon the number of products purchased in a single transaction. Volume Discount pricing is subject to product availability, and quantity limits may apply. Resale by Customers at retail or online of products purchased under Volume Discount pricing is prohibited. Eastern reserves the right to: (i) accept or reject any Volume Discount order; or (ii) charge the full price for the product in the event that Volume Discount priced items are returned.
Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption or resale certificate. When placing an order, Customer shall indicate which products are tax exempt. Unless otherwise prohibited by law sales-tax exemption or resale certificates must be presented at the time of sale and may not be applied to a transaction retroactively.
B. DISPUTE RESOLUTION - ARBITRATION
Any dispute of any sort that might arise between Eastern and Customer, including any matters or disputes relating to or arising from the purchase or use of any product, service, or information offered or made available through Eastern, or arising from or relating to any communication between Customer and Eastern or its agents, will be resolved by binding arbitration, rather than in court, and solely on an individual basis and not in a class, consolidated or representative action, except that Customer may assert claims in small claims court if Customer’s claims qualify.
Customer acknowledges and agrees that it is waiving the right to sue or go to court to secure relief. The Federal Arbitration Act and federal arbitration law apply to all disputes between Eastern and Customer, including any disputes relating to or arising from any purchases made by Customer.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). Eastern and Customer each waive any right to a jury trial and further agree that any such court proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If any provision of this Section B, is held to be invalid or unenforceable, then that provision or portion notwithstanding, this Section B will remain in force and effect, and such provision or portion will be deemed omitted, and this Section B will be construed as if such provision had not been contained herein.
Eastern and Customer both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
C. DELIVERY POLICY
Order placed before 3:00pm EST Monday-Friday ship out the same day.
ALL items listed online are in-stock in our USA distribution facilities. If you have paid and received a confirmation email from us the inventory is set aside and you will receive your order.
Orders of 40 pieces or less ship USPS first-class mail with tracking. Please see USPS.com for exact transit times to your zip code. Typical transit time is 3-7 business days.
All orders over 40 pieces typically ship FedEx ground with tracking, exceptions are PO boxes and other residential addresses and those that do not verify with our system - these addresses go USPS. Typical transit time is 1-5 business days.
You can login to www.easternppeimports.com and use the reference number we provided you on your shipping confirmation to access your USPS or FedEx tracking number.
Due to the nature of the products we sell, all orders are final at the point of sale. No returns are allowed. Items that are refused delivery or unable to be delivered to the address as provided by the purchaser will still be considered delivered to the purchaser at the point of sale and will not be refunded.
It is the buyer's responsibility to track their shipment and arrange personal availability for package acceptance when required by the carrier. Any packages sent or returned by a carrier whether refused delivery or non-deliverable by the carrier, whether opened or used or unused, may be quarantined or disposed of at the sole discretion of Eastern PPE Imports, LLC and at the buyer's expense.
In the event Eastern PPE Imports, LLC deems it is able to re-ship or redirect a shipment at the request of a customer, a fee for additional shipping and handling will be assessed prior to redirection, release, and/or a reshipment.
D. PRODUCT WARRANTY POLICY
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY.
ALL EASTERN PPE IMPORTS, LLC CUSTOMERS PLEASE BE ADVISED: THERE ARE NO PRODUCT OR USE WARRANTIES MADE, EXPRESS OR IMPLIED. OUR PRODUCTS ARE NOT LABELED FOR HEALTHCARE USE. ALL PRODUCTS ARE DEEMED DISPOSABLE AND HAVE A LIMITED SERVICE LIFE WHICH MAY BE INFLUENCED BY WEAR, TEAR, AND OTHER ENVIRONMENTAL FACTORS. PLEASE CONSULT YOUR PRODUCT'S MANUFACTURER FOR SPECIFIC SERVICE LIFE INFORMATION. ALL PRODUCTS ARE DESIGNED FOR ADULTS. PRODUCT EFFECTIVENESS IS THE RESULT OF PROPER CUSTOMER USE. IF YOU ARE NOT AWARE OF HOW TO PROPERLY USE A PRODUCT PLEASE CONTACT US PRIOR TO ATTEMPTING USE. IF THERE ARE ANY SIGNS OF WEAR OR PACKAGING DAMAGE OR YOU SUSPECT PRODUCT DAMAGE UPON ARRIVAL PLEASE REFUSE DELIVERY OR CONTACT US IMMEDIATELY. DO NOT ATTEMPT TO USE A DAMAGED PRODUCT. EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY EASTERN. EASTERN DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. EASTERN ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. EASTERN EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.
Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. Eastern does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Eastern accept responsibility for construction, installation and/or use of a product. It is Customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
Product cross-reference comparisons or product alternatives that are presented do not imply that products are available or perfectly comparable. Customer shall review all cross-referenced product or product alternative specifications prior to purchase and use to determine the suitability of the product for Customer's intended use.
E. PRODUCT INFORMATION
Eastern is a distributor of products. Information about the products in the Eastern catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Eastern catalog, literature or websites does not constitute the right to purchase products. Eastern reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Eastern catalogs and websites, and Eastern reserves the right to correct or change such pricing errors without notice. Eastern further reserves the right to cancel any and all orders resulting from such pricing errors, even if the Customer has received an order confirmation from Eastern.
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
Safety Data Sheets.
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. EASTERN MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. Send SDS requests to Eastern PPE Imports, LLC, 200 Continental Dr, Newark, DE 19713 Tel: (302) 294-2365.
California Proposition 65.
The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. A complete list of Proposition 65 regulated chemicals is available at www.oehha.ca.gov.
F. GENERAL TERMS
Electronic Data Interchange.
If Eastern and Business Customer mutually agree to use an Electronic Data Interchange (“EDI”) system to facilitate purchase and sale transactions, Business Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Eastern and Business Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Eastern regarding EDI purchases made by Business Customer shall be deemed to be conclusive.
Third-Party Payment Provider.
If Business Customer elects to use a third party payment system provider (“Third Party Provider”) and Eastern is charged fees by the Third Party Provider, Eastern reserves the right to seek reimbursement from Business Customer for any and all costs paid to the Third Party Provider for the transfer of funds, retrieval of payment detail, or any other purpose from the Third Party Provider.
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by Eastern, or any IP owned by manufacturers and/or suppliers to Eastern. All materials contained in Eastern catalogs or on its web sites are subject to the ownership rights of Eastern and its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of Eastern or its manufacturers and/or suppliers without Eastern's permission.
Eastern shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Eastern in the conduct of its business.
Customer shall not assign any order, or any interest therein, without the prior written consent of Eastern. Any actual or attempted assignment without Eastern's prior written consent shall entitle Eastern to cancel such order upon notice to Customer.
No Third Party Benefit.
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
Waiver, Choice of Law and Venue.
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Delaware, excluding its conflict of law rules, and to the extent allowed under these terms and conditions, both Eastern and Customer agree that venue shall be proper either in the state courts in Delaware, or the federal courts for the State of Delaware.
If any portion of these terms and conditions is found to be invalid or unenforceable, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
Modification of Terms.
Eastern’s acceptance of any order is subject to Customer’s assent to all of the terms and conditions set forth herein. Customer's assent to these terms and conditions shall be presumed from Customer's receipt of Eastern’s acknowledgment, or from Customer’s acceptance of all or any part of the products ordered. No additions or modifications of Eastern’s terms and conditions by Customer shall be binding upon Eastern, unless agreed to in writing by an authorized representative of Eastern. If a purchase order or other correspondence submitted by Customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Eastern’s acknowledgment, Eastern’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Customer, and will not constitute a waiver by Eastern of any of the terms and conditions contained herein or in Eastern’s acknowledgment. Eastern reserves the right to accept or reject any order.
The terms and conditions in: (i) Eastern’s forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) web sites; and (vi) catalogs.
Business Customers represent that any person accepting these Terms of Sale on behalf of the Business Customer is authorized to do so and that all employees and representatives of the Business Customer who access EasternPPEImports.com or any other Eastern website or application on behalf of the Business Customer or otherwise purchase products from Eastern on behalf of Business Customer have the legal right, and are duly authorized, to make such purchases and further authorized to enter into agreements relating to the purchase of products or services or to obtain pricing or discounts from Eastern on behalf of Business Customer. Business Customers hereby agree to indemnify and hold Eastern harmless against any breach of this representation.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.