Terms and Conditions of Purchases
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR MAKING ANY ONLINE PAYMENTS FROM THIS SITE OR FROM BILLING RELATED TO MACHINERY OR PRODUCTS FOR SALE ON THIS SITE BY ELITE BUSINESS MACHINES LLC.
These terms and conditions are put in effect to protect Elite Business Machines LLC and its customers (buyers) from any misunderstandings of their purchasing or sale agreement. Any questions about our terms and conditions can be answered by contacting us at [email protected] or calling us at 804-998-7338.
For legal representation EBM, EBM LLC, and Elite Business Machines are all one and the same as Elite Business Machines LLC. For legal terminology, purchaser, customer, buyer, and owner are also one and the same. All users of this site agree by Elite Business Machines allowing access to and use of this site or items listed on this site are subject to the following Terms and Conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site or purchase any items listed through this site directly or indirectly. Our terms are listed and regulated for keeping quality customers operating with honest intent only. Because of the expansive credit card or debit card fraud and purchases from fraudulent activity by agencies or parties with ill intent. We have to operate in this manner to protect the interest of our customers and ourselves. All Terms and Conditions are in writing and supersede any and all oral communications between Elite Business Machines LLC and its customer.
Elite Business Machines is not a nonprofit entity and must maintain a profit in order to support and protect its employees and support its customers.
The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws and is the property of Elite Business Machines LLC. The collective work includes works that are licensed to Elite Business Machines LLC Copyright 2003, Elite Business Machines ALL RIGHTS RESERVED. Permission is granted to make a material copy and print hard copy portions of this site for the sole purpose of placing an order with Elite Business Machines or purchasing Elite Business Machines products only. No permission is given for any other reasons without written consent and will be viewed as a copyright infringement. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Elite Business Machines or to purchase Elite Business Machines products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized in writing by Elite Business Machines. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks, and trade names of Elite Business Machines used in the site are trademarks or registered trademarks of Elite Business Machines
Purchasing Materials or Products
This site is a reference for products or items purchased and does not include all circumstances involved in the purchasing of materials or products.
Delivery: Elite Business Machines will ship by courier or by freight items purchased in a timely manner but can not be held liable for any delays out of their control. Delays may be caused by a number of reasons including delays in customer data like correct tax information of the correct ship to address or shipping delays out of their control such as trucking freight strikes, delayed ocean freight, inventory management, or backups at terminals for delivery. These are only an example and are not limited to as there are many factors that can delay shipping. Delays may also be created during the assembly or manufacturing of items because of other components needed to complete an order that is not manufactured by Elite Business Machines.
Advance Payment: All purchases are paid in advance and are shipped upon our receiving an order for an item we stock or they are set for assembly in the lineup of orders we assemble or manufacture.
Shipping times: Items that are manufactured or assembled are shipped in the order they are received. Stock items are also shipped this way. Stocked items may be kept in warehouses at different locations. Import items that are sold and delayed in the delivery process may be subject to a short or long time period for delayed delivery. A refund for the delayed item may be credited back to the customer after being reviewed by Elite Business Machines. This depends on the delay time to complete an order. If an order is partial or incomplete. All orders that can be filled as partial orders will be shipped and the rest will be shipped when available if in a reasonable timeline. The non-shipped items that will complete the order may be credited back to the account after review by Elite Business Machines.
Customer delay delivery request: For any purchases made that a customer may want to delay, the customer must give a delivery date expected so we may schedule production time as close as possible to meet their needs. We do not manufacture or assemble items and warehouse them for future sales. These orders are usually for the opening of new stores or facilities or contracts that are for a timed period. These requests must be in writing and accepted by Elite Business Machines. No time period is given for an item purchased in advance and a request for a shipping delay is considered to be a new order. This may delay the time period after the request to ship as it will be put on the schedule behind the orders ahead of it. If a delay in shipping is requested for a longer time period than 30 days the product may be a newer generation that is of higher quality and meets and exceeds that of the original item purchased. There is usually no additional billing in our newer generation products but the advantage of newer technology or possibly a different paint color or change in design appearance. We don't regress in what we manufacture or assemble but we do improve in what we sell.
Warranty Disclaimer and Warranties Implied
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Elite Business Machines disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Elite Business Machines does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available is free of viruses or other harmful components. Elite Business Machines does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. No oral communications are valid or are in any agreement between Elite Business Machines LLC and its customers.
Filing for your Warranty
Any Warranties that are given, are in writing and can be found in the products manual or on our website under products. The warranty slip must be filled out completely and returned to Elite Business Machines LLC within 30 days of receipt of the product or the warranty is considered null and void. Warranties given by other sellers or manufacturers are not covered or held liable to EBM LLC. Although we may help in covering them at our own discretion. There are no free services on-site or guaranteed support for items from other sellers if included with their operation manuals. EBM only supports warranties on the products we distribute and listed in our manuals. Warranties that are given are for the replacement of defective mechanical parts only for the Warranty period only. No electrical or electronic components are covered under any warranty. No consumable parts are covered under any warranty. No freight or courier service for the return or shipping out of any part is covered under this warranty. No installation of any parts or servicing of any machine is included with any warranty. The replacement or installation of any parts new or defective is the sole responsibility of the buyer or purchaser and the buyer or purchaser accept full responsibility and are held completely liable for the replacement. Elite Business Machines may offer phone assistance on parts replacement at their own discretion but will not be held liable for any assistance offered or the results that happen from their phone help. It is the responsibility of the buyer or purchaser to find an experienced individual to replace any components or parts and the full liability is that of the buyer or purchaser and the buyer or purchaser excludes Elite Business Machines from any liability or actions from the results of the parts replacement. Warranty is only available for the original purchaser and is non-transferable.
What to do if a part is considered defective under Warranty.
The defective part that is to be replaced must be agreed upon by Elite Business Machines which will issue a replacement part and expect the defective part to be returned within 14 days. The item should be returned to Elite Business Machine, 2692 Huguenot Springs Rd., Midlothian, VA 23113 for inspection to confirm the part is defective. A bill for the replacement defective part will be issued and must be paid before sending the replacement part out. The bill for the part will be credited back once the deemed defective part is returned and inspected for being defective. The bill will include an (RMA) Return Materials Authorization number that must be displayed on the outside of the box it is being returned in. Please put a copy of the billing invoice with the reason for what makes the part appear defective listed on the invoice so we will not have to start from scratch if the defect is not obvious. It is the responsibility of the receiver to send the defective part back to Elite Business Machines within 14 days. If not sent back within 14 days the part will be considered kept as a backup part to the machine and no credit back will be issued. All return and shipping back freight is the responsibility of the person requesting a warranty return. If not paid in full for any reason, any future warranty will be null and void and the selling of any items or future parts to the account or help to the account will be terminated. Should a part be returned to Elite Business Machines and found not defective the part will be billed to the machine's buyer or purchaser for immediate payment due. Once again no guarantee of services is offered by Elite Business Machines and if any is offered it is at the full discretion of Elite Business Machines and the purchaser is completely liable for the results from any offered services.
New Parts Purchased that are not defective or covered under a Warranty
All parts sales are final with no restocking. Only mechanical parts may be returned if deemed defective by requesting an (RMA) Return Materials Authorization either by email or in writing giving the reason for appearing defective.
No electrical or electronic parts are returnable. If a part is sent to us without an RMA you will lose all value in the part and it will either be returned to you for no acceptance or if received it will be set aside until we have time to investigate the item. If you need fast results please file for an RMA if returning a part and include the reason with a copy of the purchase invoice inside the box. The RMA should be printed, easily visible, and displayed outside the box for acceptance.
Returns and Cancelled Standard Stock Order Items or Damaged Freight
Any returns must accompany a return authorization number given by Elite Business Machines LLC and have written acknowledgment of the return taking place. EBM will evaluate the circumstance for the return and if accepted will refund the purchase price only as a store credit, not freight charges or courier post cost, and will be given only as a store credit. Any noticeably damaged items should be refused and not accepted. For any items that are refused for damage during transit, it is the responsibility of the buyer or purchaser to photograph, inspect for damages, and refuse the delivery so Elite Business Machines may file a claim with the courier or freight company contracted for delivery. This should be done upon arrival of the item before rejecting it and before allowing the delivery personnel to leave without the item. Taking acceptance of a damaged item and filing after acceptance voids any responsibility or liability of Elite Business Machines unless there is hidden damage. Send photos to Elite Business Machines at [email protected] for any filing support for the claim as we are the original shipper. If a freight company is contracted by the buyer it will be the buyer's responsibility to take care of any claims. If any damaged freight is accepted, the liability of any problems that arrive from the acceptance of the freight is completely the responsibility of the buyer and any warranties are void.
Any items that are accepted and shown to be hidden damage should be photographed and agreed upon for return with a return authorization given before being sent back for a credit. Any returns of items that have been accepted have to be inspected for damages before issuing any credit for the purchase. It is the responsibility of the purchaser to ship and insure the item to our location before any store credit takes place. All costs of return are solely the responsibility of the purchaser. Ship or return to Elite Business Machines, 2692 Huguenot Springs Rd, Midlothian VA 23113. If the product is accepted back inspected and undamaged there will be a 25% restocking charge on the item if returned within 30 days. If over 30 days and the return is accepted there will be a 60% restocking fee. After 30 days the product will be considered old inventory. If the item is returned without authorization (RMA) or without any written agreement by Elite Business Machines the customer will accept the full loss of the value of the item and may be charged storage fees while being sorted out. Elite Business Machines will retrieve it from the freight company or accept it to avoid storage costs coming to them, but the customer will lose all rights for any refund or replacement of the item and may be held liable for any additional charges or expenses involved in the transaction wavering all rights of recourse. For any canceled orders not yet shipped, there will be a 25% restocking charge if not canceled within 72 hours of placing the order and payment being received. If already shipped but not yet accepted there will be 25% restocking charges and shipping costs including additional return costs. This is to cover billing administration fees, billing processing fees, and warehouse processing and shipping costs.
Return and Cancellation of Special Order Items and Damaged Freight
These are items with modifications to a product or machinery including changes by modifications to machinery. This includes all contract customers, corporate contracts, government contracts, franchise contracts, and independent customers being allowed contract pricing through special orders. Examples are but are not limited to machine upgrades, speed modifications, electrical modifications, motor changes, special paint colors, electronic or programming modifications, size changes, or items that are not stock items that are specially ordered. ---(Special orders only maintain a value to the buyer or purchaser paying for them as they are not a common resell item and hold no value as a returned item to Elite Business Machines).---
There are no returns or refunds of any special order items unless damaged by freight and rejected because of freight damage.
If any delivery of Special Order items is damaged during transit it is the responsibility of the buyer or purchaser to photograph, inspect for damages, and refuse the delivery so Elite Business Machines may file a claim with the courier or freight company contracted for delivery. This should be done upon arrival of the item by rejecting it and not allowing the delivery personnel to leave without it. Taking acceptance of a damaged item and filing after acceptance voids any responsibility or liability of Elite Business Machines. Send photos to Elite Business Machines at [email protected] for any filing support for the claim as we are the original shipper. If a freight company is contracted by the buyer it will be the buyer's responsibility to take care of any claims. If any damaged freight item is accepted not showing external damage to the packaging or crate it is the responsibility of the buyer to inform Elite Business Machines within 24 hours and keep the packing or Crate. If not, the liability of any problems that arrive from the acceptance of the freight is completely the responsibility of the buyer and any liabilities or warranties are void.
Any Special Order funds collected will be forfeited if an order is canceled before shipping unless agreed upon in writing by Elite Business Machines. If a special order is canceled Elite Business Machines will store the item for a period of no more than 14 days at a daily storage fee of 5% of the item value. This will be added daily for the 14-day period before the item is sent to auction to cover the cancellation administration expenses and storage fee. The buyer will be informed of this auction date and will be allowed to buy back the item at auction only after paying the past-due bill. If the buyer decides to take delivery of the canceled order before the set auction date they will be expected to pay the storage cost and administrative fess up to the date of reshipping the canceled order. If any Special Order items are received later than expected, the buyer or purchaser will not hold Elite Business Machines responsible and will exempt Elite Business Machines from any liability because of the nature of time involved in the production of Special Orders.
Shipping of third-party owned items is by courtesy only and EBM accepts no liability for any damages. EBM warehouses items from other manufacturers or distributors for access to the US market and these items are not owned by EBM.
EBM will not allow the shipping of externally damaged containers or packaging warehouses for these third-party owners and will refuse the acceptance of any externally damaged items. Items must have an order validating a purchase from the manufacturer before EBM will release any purchased items for pickup or shipping.
When arranging freight for items warehoused by EBM LLC that belong to other parties it is the (buyers - shipper's) responsibility to collect any damages that may occur directly from the courier shipping and handling the item. EBM accepts no liability for the warehoused items after they leave our facility. There is no refund for shipping charges once the order is placed. Please make sure you confirm the purchase with the manufacturer to avoid losing shipping charges and any losses.
Limitation of Liability
Elite Business Machines shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Elite Business Machines has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that an Elite Business Machines product is mistakenly listed at an incorrect price, Elite Business Machines reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Elite Business Machines reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Elite Business Machines shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Elite Business Machines without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.
Elite Business Machines may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address, you have provided to Elite Business Machines.
Miscellaneous Legal Framework
Your use of this site shall be governed in all respects by the laws of the State of Virginia, U.S.A., or the laws of the state of Virginia, USA., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Legal matters for jurisdiction governing location shall be the choice of Elite Business Machines alone. No other party shall have the choice of venue other than Elite Business Machines. If there is a contradiction in state law's performance of the contract terms, Elite Business Machines has the full rights to choose the laws that will prevail covering the terms and no other entity has any legal right to those choices. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Elite Business Machines products) shall be in the VA State Civil Court of our choice or US Federal Courts located in Richmond, Virginia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Elite Business Machines products) must be commenced within one (1) year after the claim or cause of action arises. Elite Business Machines' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Elite Business Machines has the full rights to collect any damages done from the buyer in reference to any transaction performed in its duties in completing its contractual terms with Elite Business Machines. This includes but is not limited to any purchase performance directly through this site or indirectly through utilizing external billing such as a third-party merchant billing account. This also includes the collection of any duties or performance derived from the buyer's transaction that require Elite Business Machines' additional staff intervention such as accounting and inter-office staff involvement. This also includes the collection for any outside performance that is required or any legal fees that may occur from the completion of these terms and conditions or to collect in reference to the breaching of the terms and conditions. Elite Business Machines may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Elite Business Machines or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Elite Business Machines does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Elite Business Machines is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Elite Business Machines reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to Elite Business Machines in its sole discretion.
You agree to indemnify, defend, and hold harmless Elite Business Machines, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
It is the complete and total responsibility of the buyer to pay their sales tax for the purchase of an item. If taxes are not paid during the purchase time EBM has the right to hold an order until the taxes are paid. If the buyer is exempt from taxes they must send EBM LLC a confirmed reseller of manufacturing exemption certificate which indicates their exemption and EBM LLC listed as the seller. The certificate must be dated the day of the purchase or before the date of the sale to be valid. The buyer agrees that any buyer owing taxes that have not been paid and that are purchasing without an exemption certificate will be charged for the existing taxes due and a $35.00 processing fee will be added.
In an attempt to provide increased value to our visitors, Elite Business Machines may link to sites operated by third parties. However, even if the third party is affiliated with Elite Business Machines, Elite Business Machines has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Elite Business Machines. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Elite Business Machines seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site but for sites, it links to as well (including if a specific link does not work).