Easy Track Terms & Conditions
These terms and conditions govern your use of this Site. By using this Site, you agree to these terms and conditions.
We may from time to time modify or remove these terms and conditions. If we do, this posting will be updated, and the changes will be effective 30 days after they are posted, unless you are otherwise notified by EASY TRACK. You should periodically visit this part of this Site to review the terms and conditions.
Placing Orders on this Site
This Site allows you to submit orders on an item by item basis, or you can accumulate items in a "shopping cart" before submitting a final order. These terms and conditions are incorporated into each purchase order you submit while using this Site.
Once an order is submitted, EASY TRACK will confirm the order online by issuing you an order number and displaying an order confirmation for your records. A confirmation by email will also be sent. If your order is accepted, you are obligated to purchase the items on the terms and conditions set forth herein and in your purchase order. EASY TRACK reserves the right to decline your order for any reason, or to terminate your right to use this Site for any reason.
Conditions of Sale
1. Acceptance of your order is contingent on your assent to Easy Track's standard terms and conditions of sale. These shall govern the transaction exclusively except as provisions of the applicable Uniform Commercial Code apply, notwithstanding attempts by any buyer to assert its own particular terms and conditions of purchase. No representative of Easy Track other than an officer has authority to accept a customers terms or conditions of purchase.
2. Prices are subject to change from time to time without notice and all goods will be billed at prices in effect at the time of shipments. You will be notified of any price increase and may cancel the undelivered portion of the order affected, provided that written notice of cancellation is received by Easy Track within ten (10) days after your notification of a price increase. Upon such cancellations, your liability shall be limited to goods then manufactured or in process and materials and any special tooling or equipment procured for performance of the order.
3. The selling prices stated do not include taxes. All taxes relative to the sale shall be charged against and borne by the buyer.
4. Easy Track products are manufactured using the highest quality materials to exact tolerances. Our products include a limited lifetime warranty. See below for the full warranty policy. Any claim under this warranty must be brought by the buyer within ninety (90) days after receipt of the goods. Any goods claimed to be defective must be returned to Easy Track after first obtaining Easy Track's approval. Easy Track shall make an adjustment for materials determined to be defective either by repairing it, replacing it, by merchandise credit, or by suitable allowance. Easy Track sole obligation under Warranty...and sole liability on any order or release shall not exceed the original purchase price of the goods involved. In no event, shall Easy Track be liable for special, indirect, incidental, or consequential damages. Buyer's sole remedy on any claim shall be herein provided.
5. Other than those specifically set forth herein, there are not warranties which extend beyond the description of the products of the face hereof, either express or implied. No representative has authority to make any representation, promise or agreement, except as stated herein.
6. Overruns or underruns (not to exceed 5% of the amount ordered) shall constitute an acceptable delivery and the excess or deficiency shall be charged or credited to the buyer proportionately.
7. Buyer agrees to indemnify and save Easy Track harmless from any claim for alleged or actual patent or copyright infringement relating to goods produced according to buyer's specifications.
8. Easy Track shall not be liable or deemed in default for failure to deliver or delay in delivery due to any cause beyond its control or due to labor disputes. If unable to meet delivery schedules, Easy Track will allocate material among its customers and for its own use in such manner and on such basis as Easy Track in its sole discretion shall in good faith determine.
You agree to pay the price of goods shipped, shipping charges, and, in limited circumstances, applicable sales taxes. Prices for product bought through this Site will be as advertised on this Site at the time you place your order. Prices are subject to change from time to time, without prior notice.
Payment may be made by Mastercard or Visa.
If you pay by credit card, you will provide your card information at the time of your order. We will reserve ordered items against your credit card at the time of the order, but will not charge the card until the items are shipped.
We ship our product via FedEx or another standard freight carrier. We usually ship the product within five business days from the date we receive your order. Shipping times will vary depending on the carrier and your location. Shipping will be charged to your account, in accordance with the rates published by the selected carrier, which are subject to change from time to time.
Inspection; Returns and Exchanges
We are confident that you will be satisfied with your EASY TRACK product. Still, you should inspect the product promptly after receiving it to make sure it meets with your approval. If, upon inspection, you are not satisfied, you should contact EASY TRACK within 14 days of having received the product. You can contact EASY TRACK at email@example.com or 800-562-4257.
If you wish to return the product, you may do so, but only if you have received a return authorization number from us and return instructions. Returns will not be accepted unless they are in their original packaging, and unless you prominently display the return authorization number on the return package.
Upon returning any product as described above, we will issue you a credit, or will allow you to exchange it for product of equivalent value. A credit or exchange is your sole and exclusive remedy, and EASY TRACK shall not be liable for any other damages arising out of non-conformance or breach, including lost profits, consequential damages and incidental damages.
Sales and Use Taxes
EASY TRACK will calculate, collect, report and remit sales taxes as required by law. EASY TRACK does not have any responsibility to calculate, collect, report or remit sales, use or similar taxes except as required by law.
Product Line and Site Availability
We may update, modify and discontinue any product advertised for sale on this Site, at any time. Since various contingencies can arise that may affect our business, we cannot warrant that advertised products will be available within any specified period of time, or that they will be available at all. We may also decide to terminate this Site, and/or your right to use this Site, in our discretion at any time, without prior notice. You are obligated to complete all sales transactions that are created by your use of this Site prior to termination.
While using this Site, you may also be sending us ideas regarding our products, potential new products, our business, and other ideas (referred to as "User Ideas"). To avoid any disputes, and because we are always trying to develop and improve upon our products and product line, you should not send us any ideas or developments that you consider proprietary. In consideration for this Site, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, and royalty-free license to distribute, reproduce, modify, display, transmit, adapt, publish, create derivative works from, and otherwise use your User Ideas for any purpose.
You agree that, while using this Site, you shall not: (a) upload or transmit any information or data that is unlawful, harmful, obscene, or otherwise objectionable, as determined by EASY TRACK in its sole discretion; (b) harass, or threaten any person; (c) misrepresent your identity or affiliation with any other person; (d) restrict or inhibit any other User from using and enjoying this Site or interfere with any other User's use of this Site; (e) transmit any bulk e-mails, advertisements, or other unsolicited commercial communication or engage in spamming or flooding; (f) transmit any virus, trojan horse, worm or other harmful computer programming routine; (g) attempt to gain unauthorized access to other computer systems through this Site; (h) transmit any information through this Site that is misleading, fraudulent or counterfeit, or that infringes on any intellectual property right of EASY TRACK or any other person.
EASY TRACK strives to maintain a useful and reliable Web site that facilitates your buying needs, and we make reasonable commercial efforts to do so. Still, outages and other interruptions will occur from time to time. Because of various factors outside our control, we cannot guaranty continuous, uninterrupted or secure access to this Site or the services provided through this Site. You agree not to hold us liable for any costs, damages or liabilities that you incur as a result.
Choice of Law
This Agreement shall be governed by and in accordance with the laws of the State of Michigan, without regard to conflicts of laws provisions.
All material provided on this Site is owned by EASY TRACK or the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the prior written permission of EASY TRACK or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site only for the purpose of evaluating our products and furthering potential transactions with us, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Easy Track's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions.
If any of these terms and conditions is held to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. The failure of any party to exercise or enforce any rights shall not constitute a waiver of such right. You agree that any cause of action related to this Site must commence within one (1) year after the cause of action arose. These terms and conditions, together with other information provided by EASY TRACK on this Site, comprise the entire agreement between you and EASY TRACK and supersede all prior agreements between the parties regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
Easy Track Product Warranty Information
Limited Lifetime Residential Warranty Coverage: Easy Track warrants that the products (“Products”) you purchased will be free from defects in material and workmanship for the normal lifetime of the Products when used for single-family residential use. This limited warranty extends only to the original end user of the Products, and is not transferable.
One Year Non-Residential Warranty Coverage: Easy Track warrants that the products (“Products”) you purchased will be free from defects in material and workmanship for a period of one (1) year when used for non-residential or commercial use. This limited warranty extends only to the original end user of the Products, and is not transferable.
Exclusive Remedy: Easy Track will repair or replace any component of the Products you purchased at no charge, if it is defective or has been damaged in shipment. This is your sole and exclusive remedy for any defect in the Products. If Easy Track does not repair or replace a defective component of the Products within a reasonable time, its liability to you will be limited to the purchase price of the Products.
Exclusions from Coverage: You will have waived any claim for breach of warranty if you do not notify Easy Track [or its authorized warranty representative] in writing within 90 days after you discover a defect. This limited lifetime warranty does not cover costs for installation, removal or other labor costs in connection with repair or replacement of the Products, and does not cover any defect arising from: (1) the improper installation or improper use of the Products; (2) abuse or neglect; or (3) normal wear and tear. CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES ARISING FROM ANY DEFECT ARE NOT RECOVERABLE UNDER ANY LEGAL THEORY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Limitations: THE LIMITED LIFETIME WARRANTY DESCRIBED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EXCEPT THAT ANY APPLICABLE IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL EXTEND FOR THE DURATION OF THE EXPRESS LIMITED LIFETIME WARRANTY DESCRIBED ABOVE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. No person or entity can expand this warranty or waive any of its limitations. Our warranty is in effect assuming the product has been properly installed according to our installation instructions. Improper installation, misuse, abuse, neglect, accidents (or other “acts of God”) will void this warranty.
To Obtain Warranty Service or Information: Contact Easy Track customer service to obtain warranty service. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Return of the defective item may be required by Easy Track, or we may elect to examine the product at its location. If we ask you to ship the product to us, we will issue a return authorization number and provide return instructions. For returned product to qualify for warranty coverage, it must be returned in its original or equivalent packaging, in accordance with the shipping instruction you receive from us, and must prominently display the return authorization number on the return package.