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 its distribution channels 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. All purchases are considered a purchase agreement contract with agreement to our terms and conditions.

Legal- Terminology and Agreement
For legal representation EBM, EBM LLC, and Elite Business Machines are all one of the same. EBM distribution channels include EBM LLC (Manufacturing Division) ABBA LLC (Asset Management Division) and Fitzgerald's Antiquities and Fine Books (Books, Antiquities and Bookbinding Supply Division). All of our distribution channels operate under the Elite Business Machines LLC umbrella. Elite Business Machines LLC assumes all responsibility and legal representation for all of its divisions.
For legal terminology, purchaser, customer, buyer, site users and owner are also one of the same.
All site users agree that by purchasing through any of the Elite Business Machines LLC divisions you agree with the listed Terms and Conditions. If you do not agree to these terms and conditions, please do not use this site. If not in agreement with our terms, do not purchase any items listed through this site directly or indirectly sold through any of our listed distribution channels. Our terms are listed and regulated to keep quality customers operating with honest intent and not to harm current or future buyers. These terms are written for the customers knowledge and support on their coverage and to clearly explain how to handle most situations they may run into for completing a warranty or any purchase support. See our (Legal Framework) column to understand how we handle most legal issues arriving from doing business online and Credit Card or Debit activities. As in every market we run into customers who are bad actors with intent to defraud. Our terms are designed to protect us and our customers from these (bad actors).
Our customers are the most important thing in our operation and are not just a number. As a small company we do not exist without you. If you as a customer or potential customer have any questions not answered in these context please let us know. This is how we improve our services and customer relationships. We cherish your input and review all communications to respond to.

Copyright
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 non-commercial use, or to place an order with Elite Business Machines or 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.

Trademarks
All trademarks, service marks, and registered trade names of Elite Business Machines used in the site are 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 cannot be held liable for any delays out of their control. Special orders or EBM delivery may vary depending on delivery location and combined deliveries for shipping discounts. Delays may be caused by several 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 or combined shipping location deliveries by EBM. These are only an example and are not limited to as 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. Contacting us will avoid any confusion on delivery times

Advance Payment
All purchases are paid for in advance and are shipped soon after receiving an order for items in stock. These Terms and Conditions also extend over to any billings such as split payments, rentals or leases for the purchase of any product through the use of this site. If not in stock the item will be shipped upon delivery to our inventory. Partial orders may be shipped if stock inventory is low to fill as much of the order as possible. Machine orders are also paid in full before production starts and are taken for completion on a first come bases. The oldest orders are completed for shipping first. All service calls or technical help are initially billed in advance but may accumulate as additional services or parts are needed. Wholesale distribution and trade show items are paid for in advance unless split payments or payments structures are offered. Payments are due immediately after billing is sent unless terms state otherwise on all sales. See Legal Framework and below for all.
If a customer is not a new customer to Elite Business Machines or ABBA LLC or Fitzgeralds and has an account with any balance due to either companies the account must be brought up to current paid status with either company before future business is completed. Any moneys collected for a new order will go toward paying the past due balance on any older bill that is due to either company. The customer agrees and understands that any older bill that is due either to EBM LLC, ABBA or Fitzgeralds will be brought to collections to clear the account to a zero balance. The customer agrees that there is no term limit on collecting past due bills. This must be done before the customer is allowed or can continue with any new order. If there is any question about any past due bill please contact us at [email protected] to clear the issue up.

Shipping or Delivery Times
Items that are manufactured, assembled, reconditioned or liquidated are listed for processing as they are received. Stock ready to ship 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 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 in as partial orders will be shipped and the rest will be shipped when available. 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 most items and just warehouse them for future sales. These customer delayed 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 exact time period is given for an item purchased in advance as a request for a shipping delay is considered to be a new order. This may delay the time 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 unless in writing issued through the EBM distribution channels. This is to the fullest extent permissible under 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 unless transcripts of the communications are available to prove the resource they come from.

Filing for your Warranty
Any Warranties that are given, are in writing and can be found in the products manual or if your purchase did not come with a manual the warranty form can be found on our website under products listed. 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 in any way liable to EBM LLC. Although we may help in covering the sale by a reseller at our own discretion. There are no free services on-site or guaranteed support for items from other sellers or distributors if included with their operation manuals. EBM only supports warranties on the products we distribute and have sold. Warranties that are given are for the replacement of defective mechanical parts or products 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 or product is covered under this warranty. No installation of any parts or servicing of any machine is included with any warranty. Separate contracts for service may be available. The replacement or installation of any parts new or defective is the sole responsibility of the buyer or purchaser and the buyer or purchaser accepts full responsibility and is held completely liable for the replacement. Elite Business Machines may offer phone assistance on parts replacement at their 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. Warranties are only available for the original purchaser and is non-transferable.
(Wholesale items, used machinery, furniture, supplies, demonstration items, liquidation items or auction items are sold as is, where is, with no warranty implied unless otherwise posted on this site.) Because of the discount structor on these items warranties can not be covered as the profit pays what support we can afford to give you.

What to do if a part or product is considered defective under Warranty.
When referring to the part or product they are one of the same.

Returns
The defective part or product that is to be replaced must be agreed upon by Elite Business Machines after inspection at our facility. The customer must contact us right away to start the return and get an RMA ( Return Materials Authorization) number. Elite Business Machines will issue a replacement part or product only after receiving the defective part or product back and have had a chance to inspect the product. Once received back and inspected a credit will be given for the defective item or a new one will be sent as a replacement.
The parts or product should be returned to Elite Business Machine, 2692 Huguenot Springs Rd., Midlothian, VA 23113 for inspection to confirm the part or product is defective. It the part or product is not returned to our facility and needs replacing at the customers or buyers location while under warranty, a bill for the replacement defective part or product will be issued and must be paid before sending the replacement part out. The bill for the part or product will be credited back to the customer once the deemed defective part or product is returned and inspected for being defective. The bill for credit back will need to 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 or product back to Elite Business Machines upon finding its defect. ONCE AGAIN- If the part or product is not sent back during a warranty claim the part or product will be considered kept by the buyer and no credit back will be issued. All return and shipping back of products are 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 buyer may pay to have it shipped back to them. ONCE AGAIN- no guarantee of services are offered by Elite Business Machines or distribution channels unless in writing from Elite Business Machines or distribution channels.
If any services are offered, it is at the full discretion of Elite Business Machines. 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 arise 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 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 45% restocking charge on the item if returned within 30 days. All shipping fees to the buyer and returned from the buyer will be the responsibility of the buyer. If it is 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. Still, 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.

Canceled orders shipped or not yet shipped
For any canceled orders not yet shipped, there will be a 25% restocking charge and loss of any freight or shipping charges paid if the order is canceled within 72 hours of placing the order. After 72 hours of placing the order, there will be a 45% restocking charge as well as a forfeit loss of any shipping charges paid or collected. If the item has already been shipped but has not yet been accepted there will be a 45% restocking charge and a loss of all shipping costs paid including additional return shipping costs which will be deducted from the original order payment. This is to cover billing administration fees, billing processing fees, and warehouse processing and shipping costs. The cancelled order will be credited to your account for future purchases unless requested in writing for a money return instead of a credit on the account. If a partial order is filled and the completion of the order is cancelled the restocking charges and shipping charges are based on the complete order. If the order is a Wholesale or Contract listed item they are all special order items and there is no cancellation of the order because of the unique pricing and availability. Once you have purchased it you have brought it. Any payments that are still due are expected to be paid. These are first come, first serve items with no warranties implied unless specified in the ad. This follows a large variety from auction items, liquidation items, and overstock inventory or one unit only available demo models etc. These may be 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).
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.

Return and Cancellation of Special-Order Items, Wholesale Items and Damaged Freight
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 or Wholesale items are 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 avoids 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 arise from the acceptance of the freight is completely the responsibility of the buyer and any liabilities or warranties are void. If a special-order item is canceled before or after shipping a 45% restocking charge will be applied once agreed upon by Elite Business Machines. If a Wholesale, liquidation item or auction item is canceled before or during delivery there will be no refund. Any moneys that are still due are expected to be paid. If a Wholesale item or items are not yet delivered the item or items will be put back into our warehouse and a 5% of value storage fee will start while the problem is sorted out on what the buyer wants us to do with their inventory. No shipping charges that have been paid by the buyer will be refunded. If free shipping charges or any discounts were given in the transaction they will be withdrawn and the payment will revert back to the original offering. Free to the buyer in a transaction does not indicate free to us. We will not take the loss because of the buyer. Any discounts that are given to complete a transaction will be forfeited and the pricing will return back to its original pricing before any discount was applied. This is for any fault for non acceptance of delivery because we pay for trucking in advance and when you try to cancel an order it cost us. Elite Business Machines has all rights to resell the item and the resell profits will go towards any payment due for the buyer's cancellation. If an order is cancelled Elite Business Machines will store the item for no more than 30 days at a daily storage fee of 5% of the item’s value. If the buyer decides to take delivery of the canceled order before the 30 day period runs out they will be expected to pay the storage fees and a $35.00 administrative fee up to the date of reshipping the canceled order. After 30 days the order will be void and and payments or deposits will be forfeited by the buyer. 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.

Credit or Refund to an account
Any account purchase requiring a credit will have the credit put on the account for future purchases.
Any account requiring a refund may take up to 21 days to complete the refund back to the customers account.

Import Warehousing
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.

Freight Arrangement
When arranging freight for items warehoused by EBM LLC that belong to other parties it is the (buyer-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.

Taxes Due
It is the complete and total responsibility of the buyer to pay their sales tax for the purchase of an item. The State makes it our duty to collect them. If taxes are not paid during the purchase time, EBM has the right to place an order on hold and stop shipment until the taxes are paid. Please pay your taxes!
If not filing taxes properly you will be charged for the existing taxes due and a $35.00 processing fee if paid within the first 14 days. After 14 days of non tax payment Elite Business Machines will include a daily storage fee of 5% of the item’s value added to the $35.00 processing fee. After 45 days the order is cancelled for non payment and the product purchased and all deposits or payments are forfeited by the buyer. There will be no refunds. Taxes must be paid by December of the purchase year so we do not have to carry you for your tax base due, closing out the year end.
Tax Exemption 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.