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Terms and Conditions

Terms and Conditions

 

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. 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. 

 

Electronic Communications

Visiting www.excelsiorblower.com or sending emails to EBS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your 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.

 

Ordering

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 customerservice@excelsiorblower.com if you need to request a change or cancelation and EBS will make all attempts to accommodate your request.

 

Payment, Pricing & Promotions

Occasionally there may be information on our web site 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.

 

Sales Tax

EBS charges sales tax when applicable to all orders that will be shipped to MD, NJ, or PA.  A valid tax exempt form for MD, NJ, or PA must be on file prior to placing an order to be exempted from paying sales tax.  Please contact customer service at 610-921-9558 or customerservice@excelsiorblower.com to setup your account as sales tax exempt.

 

Shipping & Delivery

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.

 

Warranty

One year limited warranty

 

Products sold by EBS are warranted to be free from defects in materials or workmanship for one (1) year from the date of purchase.  Within this period, we will, at our sole discretion, repair or replace any components that fail in normal use.  Such repairs or replacement will be made at no charge to you for parts and/or labor, provided that you shall be responsible for any transportation charges.  Replacement products may be new or refurbished at our discretion.

 

This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks, stains and dents; (ii) consumable parts, unless damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not an authorized service provider of EBS; or (v) damage to a product that has been modified or altered without the prior written permission of EBS.

 

Repairs have a ninety (90) day warranty.  Products repaired under the original warranty period are warranted the longer of ninety (90) days or the balance of the original one (1) year warranty.

 

Manufacturer warranties apply to some products including but not limited to bare blower and electric motors.  Please contact EBS or reference the manufacturer's warranty for details. 

 

THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE.  Subject to applicable law, in no event shall our liability exceed the purchase price of the product.

 

Return Policy

Products must be in original packaging and condition to be returned.  Call 610-921-9558 or email returns@excelsiorblower.com within 30 days of receiving your order to request return authorization instructions.  You are responsible for shipping costs associated with return of products.  A 15% restocking fee will be applied to all returned products.  Products that arrive to our facility without a return authorization, damaged, or that do not have prepaid ship charges will be returned to you at your cost.  Products that have been damaged, used, or altered will not be accepted for return.  Some products are not eligible for return.  These products include but are not limited to gaskets, oil seals, lubricants, and special order items.

 

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.

 

Privacy Policy

Our privacy policy can be found at excelsiorblower.com/privacy-policy. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.excelsiorblower.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to EBS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EBS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EBS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EBS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EBS or our licensors except as expressly authorized by these Terms.

 

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.

 

Indemnification

You agree to indemnify, defend and hold harmless EBS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EBS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EBS in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EXCELSIOR BLOWER SYSTEMS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

EXCELSIOR BLOWER SYSTEMS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXCELSIOR BLOWER SYSTEMS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXCELSIOR BLOWER SYSTEMS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXCELSIOR BLOWER SYSTEMS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

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.

 

Changes to Terms

EBS reserves the right, in its sole discretion, to change the Terms under which www.excelsiorblower.com is offered. The most current version of the Terms will supersede all previous versions. EBS encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

EBS welcomes your questions or comments regarding the Terms:

 

Excelsior Blower Systems, Inc.

331 June Ave

Blandon, Pennsylvania 19510

 

 

Email Address:

webadmin@excelsiorblower.com

 

Telephone number:

610-921-9558

 

Effective as of June 01, 2015