Terms and Conditions
In these Terms and Conditions European Paver Company is referred to as ‘EPC’ and the purchaser of EPC products (‘Products’) from EPC is referred to as the ‘Buyer’.
Buyer’s initialing each page of these Terms and Conditions, and signing and dating the associated Purchase Order, constitute the complete and most current agreement and supersedes any prior agreement, signed or implied, and indicates Buyer’s acceptance and agreement of the Purchase Order and these Terms and Conditions.
Payment Terms -
Buyer becomes owner of Products when Products have been paid in full and received. Purchase Orders shall be paid in full prior to shipment unless otherwise agreed in writing by EPC. Payment may be made by check, direct bank deposit, wire transfer, or credit card. EPC reserves the right to not accept credit card payments for the Purchase Order, or limit Credit card payments to a maximum of its choosing, with the balance due by other accepted forms of payment.
Additional Charges -
Taxes or other charges of any kind on Products shipped shall be paid by Buyer unless otherwise agreed by EPC in writing. Examples of additional charges include if delivery of Products requires payment of taxes or duties before delivering, forklift or other services during and after delivery, and/or additional services by the freight carriers to reach delivery location and deliver.
Shipping and Delivery of Products -
Shipping and delivery dates provided by EPC are not guaranteed and changes to both shall not constitute a breach of these Terms and Conditions nor entitle Buyer to cancel or refuse delivery. Buyer is responsible for any cost incurred due to delivery changes outside the control of EPC or for any cancellations requested by Buyer after Products have shipped. The date of delivery shall be extended as necessary until delivery is complete. EPC reserves the right to make partial shipments, ship multiple loads from various locations, and ship when Products are available for shipment. Shipping costs are non-refundable.
Delivery is completed and risk of loss or damage and responsibility shall pass from EPC two Buyer when the Products are given to the carrier at EPC's supply point. Buyer must inform EPC in advance of any restrictions or difficulties with access by large trucks and EPC Products will be curbside at the nearest possible location to the delivery address. EPC is not responsible for any incorrect delivery or loss or damage to the Products after the time of delivery, regardless of who accepted the delivery. Buyer agrees to check delivered Products for damage or shortage at time of delivery and note them on delivery documents provided by the freight carrier. If delivery is re-routed at Buyers request or unsuccessful for any reason outside EPC’s control, Buyer is responsible for coordinating and paying for any necessary storage and future delivery and agrees to pay any resulting invoices sent to EPC from any freight company or delivery service.
Buyer’s Acceptance of Delivered Products -
Buyer shall inspect delivered Products and note, with photographs, any damage to packaging before unpacking Products. Buyer shall confirm Products delivered match those of the Purchase Order before installing. Buyer shall notify EPC in writing of all defects, shortages or incorrect Products delivered within 2 days of delivery date.
If delivered Products do not meet the specifications outlined in the Purchase Order, EPC agrees to deliver replacement Products at EPC’s expense. Buyer shall provide EPC a reasonable opportunity to organize the return of incorrect or defective Products and Buyer shall not return any Products without EPC's consent.
Returned Products and Refunds -
If Buyer is not 100% satisfied with their purchase, Buyer can either return Products for a full refund or exchange them for different Products offered by EPC. Buyer has up to 14 days from the purchase date to request a refund or exchange in writing. Buyer shall not return and Products without first obtaining a Return Authorization document and number from EPC. To qualify for a refund or exchange, returned products must be in original, undamaged packaging and in like new condition. Returned items must be delivered to their warehouse of origin unless otherwise expressly agreed by EPC in writing. All returns are subject to a 15%-30% restocking fee and the cost of transporting returned and exchanged items is the sole responsibility of the Buyer.
Returned Products that are received by EPC in broken, damaged, or previously installed condition will not be refundable or subject to a credit. Special order, custom order, made-to-order and discontinued Products are not refundable unless approved in writing by EPC.
EPC Liability and Responsibility -
EPC is not responsible for the installation of Buyer’s Products, nor any claims, demands, losses, damage, assessments, liabilities, deficiencies, actions, taxes, charges, orders, fines, penalties, interest and associated expenses, legal or otherwise, related directly or indirectly to Buyer’s use of EPC's Products. EPC has no liability for any loss or damage arising out of the Purchase Order or any EPC Products. Any monetary payment by EPC to Buyer shall not to exceed the amount of the Purchase Order price.
EPC is not responsible for the performance, use, maintenance, or repair of Products delivered unless they are installed, used, maintained and repaired in compliance with all applicable building codes, specifications, instructions or guidelines provided by EPC and all applicable laws and regulation. EPC is not liable for any loss or damage to the Buyers or third-party equipment used in conjunction with EPC Products. EPC is not liable, without any limitation, for any costs, loss and damages of any kind resulting from improper use, maintenance, installation or repair of the Products delivered, or for any violation of any applicable law or regulations by Buyer, or on its behalf by its employees or otherwise.
Conditions of Agreement -
No oral or written agreement or understanding shall be binding unless written in the Purchase Order and these Terms and Conditions unless made in writing and signed by EPC. Any reasonably understood errors by EPC are subject to correction by EPC without penalty. If any portion of this agreement is determined to be illegal or unenforceable, it shall not affect enforceability of any other paragraph hereof. Neither EPC nor Buyer may assign any Purchase Order or any order relating hereto without the written consent of the other. Legal actions related to the Purchase Order or Products shall be litigated in Dover, DE, USA, unless EPC and Buyer agree on a different location.
To discuss the Terms and Conditions of Sale contact us.