EXCELSIOR BLOWER SYSTEMS, INC. TERMS AND CONDITIONS OF WEBSITE USE 1.2 – 03/21/2019
1. AGREEMENT BETWEEN USER AND WWW.EXCELSIORBLOWER.COM - Welcome to www.excelsiorblower.com. The www.excelsiorblower.com website (the "Site") is comprised of various web pages operated by Excelsior Blower Systems, Inc. (“EBS”). www.excelsiorblower.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.excelsiorblower.com constitutes your agreement to all such Terms and Conditions. Please read these terms carefully, and keep a copy of them for your reference. The EBS website is a ecommerce site. EBS sells positive displacement blowers, blower packages, blower parts and accessories, related equipment and services, and other industrial goods and services.
2. YOUR WEBSITE ACCOUNT - If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EBS is not responsible for third party access to your account that results from theft or misappropriation of your account. EBS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. EBS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.excelsiorblower.com only with permission of a parent or guardian.
3. TERMS AND CONDITIONS OF SALE - Terms and Conditions of Sale located at www.excelsiorblower.com/terms-conditions apply. These Terms and Conditions include but are not limited to modifications of sales, acceptance of orders, quotations, services, taxes, terms of payment, delivery - risk of loss, delays - causes beyond EBS's control, order changes, cancellation, return of products, warranties and warranty period, indemnification by buyer, limitation of liability, and governing law.
4. WEBSITE ORDERS - The www.excelsiorblower.com is operated by Excelsior Blower Systems, Inc. (“EBS”). We accept most major credit cards for payment. You can order online through our secure website or call us at 610-921-9558. Once your order is finalized through our online shopping cart or with our customer service department, EBS may not be able to change or cancel the order. Please contact customer service at 610-921-9558 or firstname.lastname@example.org if you need to request a change or cancelation and EBS will make all attempts to accommodate your request.
5. WEBSITE PAYMENT, PRICING, AND PROMOTIONS - Occasionally there may be information on our website or in our product fliers that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. EBS reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Product pictures on our site may not represent the item on your order.
6. SHIPPING AND DELIVERY OF WEBSITE ORDERS - EBS ships prepaid and invoices you for the shipping and handling charges. You will select the carrier and service level for your shipment prior to completing your order. All orders ship Free Carrier (FCA) from the point of shipment unless otherwise quoted or specified. All orders for in-stock merchandise, in which the customer has selected expedited shipping, will ship the same business day, if placed before 1:00PM EST. Orders for in stock merchandise, shipping via an expedited service, placed after 1:00 PM will ship by the end of the next business day. Orders for in stock merchandise, in which the customer has selected economy or ground shipping, will ship within 1-3 business days. Transit times vary, for economy or ground shipments, from 4 business days to 10 business days, depending on the customer’s location and the shipping method. EBS offers free economy shipping to commercial addresses in the contiguous 48 U.S. states for online orders over $1000.00. The shipping method (LTL, parcel) and company will be choosen by EBS. Please ensure that all shipping information you have entered is correct prior to completing your order. EBS may not be able to change shipping information once you submit your order. If your address information is invalid and any correction needs to be made by EBS or any of our carriers, you can be charged an additional fee of $10.00 per package for economy or ground service, $15.00 per package for express shipping service, and $100.00 per package for LTL freight service.
7. LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES - www.excelsiorblower.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EBS and EBS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EBS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EBS of the site or any association with its operators. Certain services made available via www.excelsiorblower.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.excelsiorblower.com domain, you hereby acknowledge and consent that EBS may share such information and data with any third party with whom EBS has a contractual relationship to provide the requested product, service or functionality on behalf of www.excelsiorblower.com users and customers.
10. INTERNATIONAL USERS - The Service is controlled, operated and administered by EBS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EBS Content accessed through www.excelsiorblower.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
12. TERMINATION/ACCESS RESTRICTION - EBS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EBS as a result of this agreement or use of the Site. EBS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EBS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EBS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EBS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EBS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
13. ENTIRE AGREEMENT - The Terms and Conditions shall become effective upon acceptance. It is expressly understood and agreed by the Buyer and EBS that this document (together with Buyer's purchase order, if any, or any separate document to which these Terms and Conditions may be attached) constitute the full understanding of the parties, a complete allocation of the risks between them, and the final and entire agreement between them. Any other Terms and Conditions, whether contained in any purchase order, invoice, acknowledgement or any other document, which may vary from any term of condition contained herein shall not be made except with the written consent of both EBS and Buyer.
14. CHANGES TO TERMS AND CONDITIONS - EBS reserves the right, in its sole discretion, to change the Terms and Conditions under which www.excelsiorblower.com is offered. The most current version of the Terms and Conditions will supersede all previous versions.
15. CONTACT INFORMATION - Excelsior Blower Systems, Inc., 331 June Ave,Blandon, Pennsylvania 19510, Email Address: email@example.com, Telephone number: 610-921-9558