Definitions
1.1. “Company” refers to Eaton Brothers Corp.
1.2. “Customer” refers to the individual or entity purchasing goods or services from the Company.
1.3. “Products” refers to the tree, lawn and garden equipment and/or supplies manufactured or distributed by the Company.
Prices and Payment Terms
2.1. All prices are quoted in USD and are exclusive of taxes and shipping costs unless otherwise specified in writing.
2.2. Payment terms will be specified in the invoice or purchase order and must be adhered to by the Customer.
2.3. Late payments may be subject to a monthly finance charge of 2%, beginning on the first business day after the Payment Terms specified on the invoice.
2.4 Tax exempt entities are required to provide tax exempt certificates prior to purchase. Certificates can be sent to sales@eatonbrothers.com.
Delivery and Shipping
3.1. Delivery dates are estimates only and are subject to change. If Customer has any rate modifiers unknown to the Company prior to shipping, such as, but not limited to, lift gate access only, limited access, or special hours, any fees incurred related to those modifiers shall be borne by the Customer and shall be due immediately.
3.2. The Company is not liable for delays in delivery due to causes beyond its control.
3.3. Shipping costs will be borne by the Customer unless otherwise specified.
3.4. Any damage caused during shipping must be reported to the Company within five (5) business days of receipt of Products.
Warranty
4.1. The Company offers a limited warranty for its Products, covering defects in materials and workmanship for up to one year after purchase unless otherwise noted.
4.2. The warranty does not cover normal wear and tear, misuse, or modifications made by the Customer or damage during transport.
4.3. Warranty claims must be made by the Customer within the warranty period and accompanied by proof of purchase.
Returns and Refunds
5.1. The Customer may return Products within 30 days of purchase, subject to a restocking fee of 5%.
5.2. Returned Products must be in original condition and packaging.
5.3. Refunds will be issued within 30 days after receipt and inspection of the returned Products.
5.4 Unless otherwise excepted, or returned under section 4, Customer shall bear the cost of returning Products to Company.
Limitation of Liability
6.1. The Company’s liability for damages arising from the use of its Products or Services is limited to the purchase price of the relevant Product or Service.
6.2. The Company is not liable for indirect, consequential, or incidental damages, including loss of profits or revenue.
Intellectual Property
7.1. The Company retains all rights, title, and interest in its trademarks, patents, and copyrights.
7.2. The Customer may not reproduce, distribute, or modify the Company’s Products or materials without prior written consent.
Indemnification
8.1. The Customer agrees to indemnify, defend, and hold the Company harmless from any claims, losses, or damages arising from the Customer’s use or misuse of the Products or Services.
Governing Law and Jurisdiction
9.1. These terms and conditions shall be governed by and construed in accordance with the laws of New York.
9.2. Any disputes arising from these terms and conditions shall be resolved exclusively in Erie County New York.
Severability
10.1 If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Amendments
11.1. The Company reserves the right to amend these terms and conditions at any time. It is the Customer’s responsibility to review the terms and conditions periodically.
Entire Agreement
12.1. These terms and conditions, along with any relevant invoices or purchase orders, constitute the entire agreement between the Company and the Customer and supersede any prior agreements or understandings.
