Terms and Conditions of Purchase

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. 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, 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

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 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.

Trademarks
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 purchased and does not include all circumstances involved in the purchasing of materials or products. Elite Business Machines will ship by courier or freight items purchased in a timely manner but can not be held liable for any delays out of their control or backups in production or assembly.
Holding or Delay for delivery:
All purchases are paid in advance and are shipped upon our receiving an order for a item we stock or set for assembly in the line up of orders we manufacture. Items that are manufactured or assembled are shipped in the order they are received. Any purchases made that may want to delay the delivery must give a delivery date expected so we may time production 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 request must be in writing and accepted by Elite Business Machines. No time period given for an item purchased in advance and requested 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 which 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 are free of viruses or other harmful components. Elite Business Machines does not make any warranties or representations regarding the use of the materials in 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.

Filing for your Warranty
Any Warranties that are given, are in writing and can be found with the products manual or on our web site 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 that are given are for 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 installation of any parts or servicing of any machine are included with any warranty. The replacement or installation of any parts new or defective are 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 results of the parts replacement. Warranty is only available for the original purchaser and non transferable.

What to do if a part is considered defective.
The defective part that is to be replacement 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 part replacement part may be issued before sending and credited back once the deemed defective part is returned and inspected for being defective. 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 credited back will be issued. 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 machines buyer or purchaser for immediate payment due. Once again no guarantee of services are offered by Elite Business Machines and if any is offered it is by the full discretion of Elite Business Machines and the purchaser is completely liable for the results from any offered services.

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 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 noticeable 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 personal 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 their is hidden damage. Send photos to Elite Business Machines at Admin@ebmsales.com 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 buyers 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 are 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 20% 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 an item is returned without authorization (RMA) or without any written agreement by Elite Business Machines the customer will accept 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 cost 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 cancelled orders not yet shipped there will be a 20% restocking charge if not cancelled within 72 hours of placing order and payment being received. If already shipped but not yet accepted there will be the restocking charges and shipping cost including return cost. This is to cover billing administration fees, billing processing fees and warehouse processing and shipping cost.

Return and Cancellation of Special Order Items and Damaged Freight
There are no returns or refunds of any special order items unless damaged by freight and rejected. These are items with modifications to a product or machinery including changes by modifications to machinery. Examples are but not limited to, speed modifications, electrical modifications, motor changes, special paint colors, electronic or programing modifications, size changes or items that are not stock items that are special 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 return item to Elite Business Machines).--- Any Special Order funds collected will be forfeited if order is canceled before shipping. 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 involvement in the production of Special Orders. If any delivery of Special Order 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 before rejecting it and not allowing the delivery personal 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 Admin@ebmsales.com 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 buyers 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 are completely the responsibility of the buyer and any liabilities or warranties are void.

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.

Typographical Errors
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.

Term; Termination
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.

Notice
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
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. 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 state or federal courts located in Los Angeles County, California. 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 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.

Participation Disclaimer
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.

Indemnification
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.

Third-Party Links
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).