ECS Controls, Inc. sells its products under the following terms and conditions. Any additional or different terms must be specifically agreed to in writing prior to any sale. Terms are subject to change and current terms in effect at the time of sale will apply.

Ordering
To place an order, contact your nearest ECS Controls, Inc. authorized stocking distributor. If you do not know who in your area carries our products, call our Sales Department at 757.420.9681. Our qualified Sales and Engineering Departments are prepared to help you place your order and offer technical assistance.

Confirming Orders
If your telephone order is for a schedule release, contains custom modifications or is greater than $1,000, please send us a written confirming order including the Customer Order Number assigned to your order. To avoid duplication of the order and resulting inconvenience, mark your confirming document "CONFIRMING TO (SALES PERSON'S NAME), DO NOT DUPLICATE " Send confirming orders to the attention of "Sales Department".

Written Orders
If you are familiar with our products and do not need to consult a salesperson, send your order to the attention of " Sales Department". For proper processing of your order, please include:

- Purchase Order Number
- Bill and ship To Address
- Quantity, Part Number, and Description of Parts Ordered
- Method of Shipment - UPS BROWN (Ground), BLUE (2nd Day), or RED (Overnight)
- Requested ship date and/ or Required Delivery Date
- Name and Telephone Number of Customer

Upon receipt of the order, we will call you, confirm the order and pricing, and assign a Customer Order Number. Please refer to this number in all further communications regarding this order.

Facsimile Order
Follow the same procedures as for written orders. Our facsimile number is Local 757.366.9871.

International Orders
Please call, fax, or e-mail to our Sales Department to discuss your product needs. International shipments are subject to additional handling, export documentation and shipping charges, as well as any appropriate duties, taxes or fees. Terms for payment are prepaid in U. S. dollars by Electronic Funds Transfer to our bank.

Scheduled Orders
We encourage blanket purchase orders with scheduled releases. We request each release be shipped to a single destination and releases be confirmed 90 days in advance of scheduled delivery. If delivery is not taken on the quantities ordered, the Customer will be invoiced for the difference price between the quantities ordered and the quantities accepted, if any.

Payment Terms
Payment terms are C.O.D. or prepaid unless an open account is established.

Ordering Procedures
BUSINESS HOURS are Monday through Friday, 8:00 a.m. to 5:00 p.m.., Eastern Time Zone excluding holidays. TO ORDER, consult the product data sheets of your ECS binder. Prices are subject to change without notice; however, in the event of a change of price, existing backorders shall be shipped at the price quoted on the order date. Purchase order numbers are mandatory for processing. Verbal quotations are in effect for a five day period and written quotations for a period not exceeding 90 days. MINIMUM ORDER is $25.00 excluding shipping and handling. LEAD TIME varies with the product ordered. Please allow a minimum of two weeks for processing and delivery. PAYMENT TERMS are as follows: new accounts are subject to either prepayment or C.O.D. until he credit application has been processed; established accounts are NET 30 days. Delinquent accounts are placed on hold until past due invoices are fully paid. Persistently delinquent accounts shall be closed and revert to C.O.D. or prepayment status. Returns that are credited to an account do not constitute a payment. EXPEDITING CHARGES for all overnight and second day air shipments are $25.00 in addition to shipping and handling charges. SHIPMENTS TO A 2ND PARTY VIA UPS shall have an Acknowledgment of Delivery card per carton. Each A.O.D. card is signed by the receiver and returned as proof of delivery. The fee is $1.00 per carton. CARRIER shall be UPS Ground Service unless specified otherwise. F.O.B. VIRGINIA BEACH, VIRGINIA unless notified otherwise. MERCHANDISE RETURNED FOR CREDIT is subject to a 15% restocking charge or the percentage charged by the manufacturer. Returns must be in condition for resale in original box and properly packaged. No returns shall be accepted without a RETURN AUTHORIZATION NUMBER prominently displayed on the carton. In the event of an error in shipping, a UPS Call Tag shall be issued and the merchandise returned at ECS Controls, Inc.'s cost. ADVANCE REPLACEMENTS on merchandise subject to warranty shall be invoiced and a full credit issued only after testing and verification of manufacturing defect.

Limited Warranty
ECS Controls, Inc. gives this express warranty (along with extended warranty endorsements, where applicable) in lieu of all other warranties, express or implied, including (without limitation), warranties of merchantability and fitness for a particular purpose. This constitutes ECS Controls, Inc.'s sole warranty and obligation with regard to our products as well as the Customer's sole remedy. ECS Controls, Inc. expressly disclaims all liability and responsibility for any special, indirect or consequential damages or any further loss of any kind whatsoever resulting from use of our product. The Customer's sole and exclusive remedy and the limit of ECS Controls, Inc. liability for any loss whatsoever, shall not exceed the purchase price paid by the Customer for the product to which claim is made. Some states do not allow limitations of incidental or consequential damages or on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. All products supplied and manufactured by ECS Controls, Inc. are warranted to be free from defects in material and workmanship in accordance with and subject to the following terms and conditions:

1. This warranty is limited to the original Customer only. It cannot be transferred or assigned to third parties unless their intent to transfer to a third party is expressly indicated in a purchase order and/or warranty processing arrangements have been agreed upon in writing by ECS Controls, Inc.

2. ECS Controls, Inc. will correct any defects in material or workmanship which appear within (1) year from the date of shipment by ECS Controls, Inc. (or authorized distributors) to the original Customers. ECS Controls, Inc. will repair or replace, at our option, any defective products, provided that our inspection discloses that such defects developed under normal and proper use. This warranty does not extend to goods subjected to misuse, neglect, vandalism, Acts of God, accident or improper installation, or to maintenance or repair of products which have been altered or repaired by anyone except ECS Controls, Inc. or our authorized representative unless otherwise stated in writing.

3. An appropriate charge (45% of product list price) will be made for testing, repairs, replacement and shipping from returned products which are not defective as the result of Improper use, maintenance or neglect.

4. ECS Controls, Inc. will not accept responsibility for any invoiced goods or services that are not covered by an ECS Controls, Inc. written purchase order. Under no circumstances does ECS Controls, Inc. agree to pay for labor or other related expenses associated with troubleshooting and/or repair of our product without prior specific written authorization.

5. Information in our descriptive literature is based on product specifications that are current at the time of publication. Product specifications, designed and descriptive literature are subject to change as improvements are introduced. Although we announce changes as they occur, we cannot guarantee notification to every Customer. ECS Controls, Inc. warrants delivered product to conform to the most current specifications, designs and descriptive literature.

This warranty policy may be expanded or limited for particular categories of products or Customers, by information sheet published as deemed appropriate by ECS Controls, Inc.

Open Accounts
We offer terms of Net 30 days to all Customers who have established an open account with ECS Controls, Inc. Open accounts usually take two to three weeks to process once we receive your credit information. For your convenience a credit application is included at the end of this section. To establish an open account, please complete the application and forward it to ECS Controls, Inc.,
ATTN: NEW ACCOUNTS
An additional 2% per month service charge will be added to any account balance aging over 30 days. Open accounts with payables past due over 45 days will be placed on C.O.D. and must reapply for open account status.

Prices
The price of goods sold are those in effect at the time of sale. The prices listed in any literature are those in effect at the time of publication. All prices are subject to change without notice and exclude any taxes, shipping and handling charges. Please contact our Sales Department for current pricing. We will be pleased to furnish written quotations either by mail or facsimile upon request. Quoted price and conditions are valid for 30 days from the data of the written confirmation of the quote unless otherwise specified.

Quantity Discounts
Contact your distributor or the factory for current information on quantity discounts.

Samples
We do not supply "FREE" samples of our products. We do offer a first-time single evaluation unit at a discount price if requested.

Shipments
We ship by UPS (BROWN) ground transport whenever possible unless another qualified carrier is requested. UPS Blue (Second Day Air) or UPS RED (Overnight Air) is optional. All shipments are F.O.B. Virginia Beach, Virginia and shipping and handling charges are at prevailing rates. Any discrepancies in shipments must be brought to the attention of our Sales Department within five (5) working days of receipt of shipment.

Delivery
Promises of delivery from stock are subject to prior sale. Delivery dates are not guaranteed but are estimated on the basis of our immediate receipt of all needed information supplied by the Customer. We will, in good faith, attempt to meet estimated delivery dates but we do not accept responsibility for delays resulting from circumstances beyond our reasonable control. ECS Controls, Inc. is relieved of all risks of loss or damage of goods upon our delivery of good to the carrier.

Backorders
In the event that the order cannot be completely filled, the balance of the order will be backordered and will be shipped as soon as possible. If you want the entire order shipped at one time, specify "SHIP COMPLETE".

Taxes
All applicable and required taxes, duties and governmental fees are additional charges. These charges will be added to the selling price unless we are furnished with appropriate exemption certification prior to shipment of the order.

Returns
To assure proper attention and avoid delays in handling returns, please call our Sales Department before returning any product to the factory. Our Sales Department will arrange for the return and issue a Returned Material Authorization (RMA) number. Shipments to the factory not covered by a valid RMA Number are subject to refusal of delivery. The RMA Number should then be marked on the return package as "ATTN: Sales RMA #___________". To avoid delays, please include the following information inside the package:

- Returned Merchandise Authorization Number (RMA)
- Customer Order Number and Invoice number
- Name of Supplier and Distributor * Returnee's name, address, telephone number
- Product model, serial number, date purchased
- Reason for return
- Additional/ repair instructions

All merchandise should be returned to the factory via the original purchase location (wholesaler, distributor, etc.) All returns must be shipped prepaid to the factory. Customers will be billed at appropriate quantity breaks for any Advanced Field Replacements if the defective units are not returned to the factory within 30 days.

Returns For Credit
Only new unused products may be returned for credit. ECS Controls, Inc. inspects, re-tests and repackages ALL products returned for credit. All returns for credit are subject to a re-tests and restock charge (25% of purchase price but no less than $25.00). Debit memos will not be accepted without written authorization and an RMA number. After the return for credit is processed, the proper credit will be posted to your account for use against additional orders.

Returns Of Warranted/non-warranted Product
An appropriate charge (45% of product list price) will be made for testing, repairs, replacement and shipping for returned product which is not defective or found to be defective as the result of improper use, maintenance or neglect.

Design And Specifications
ECS Controls, Inc. reserves the right to make changes in the design and/or specifications of any product as technological advances or necessity requires.

Custom Product
In many cases, our products can be designed to your custom requirements or slight modifications can be made to meet your specification. Usually the additional charges and lead times are normal, if any. Contact our Sales Department for quotes on your special requirements.

Top of page