Terms and Conditions of Sale
These Terms and Conditions of Sale ("Terms") govern all sales of products and related services (collectively, the "Products") between ECU Team Corp ("Seller") and the buyer ("Buyer") named in any related quotation, proposal, invoice, or order acknowledgment (the "Sales Confirmation"). These Terms and the Sales Confirmation constitute the entire agreement between the parties (the "Agreement"). Any additional or conflicting terms proposed by Buyer are expressly rejected and shall not become part of the Agreement unless expressly agreed to in writing and signed by an authorized representative of Seller.
1. Applicability
Buyer accepts these Terms by placing an order, instructing shipment, or otherwise indicating acceptance of Seller’s quotation. Any terms in Buyer's purchase order or other documents that conflict with or add to these Terms are rejected. Seller's failure to object to additional or different terms shall not be deemed acceptance thereof.
2. Cancellation and Modifications
All cancellations or modifications must be approved in writing by Seller. If approved, Buyer shall pay all costs incurred by Seller, including labor, materials, handling, and a 30% cancellation fee. Cancellation after shipment is not permitted without Seller’s written approval.
3. Price
Prices are subject to change prior to order acceptance. Seller may adjust prices to reflect increased costs (e.g., raw materials). All prices exclude taxes, duties, and fees. Buyer is responsible for all applicable taxes unless a valid exemption certificate is provided.
4. Payment Terms
Payment is due within 30 days of invoice date. Late payments accrue interest at 1.5% per month or the maximum rate allowed by law. Seller may suspend or cancel deliveries if payment is late. Buyer shall not withhold payment due to disputes or claims. In case of payment dispute, item 14 (Dispute Resolution) shall apply.
5. Delivery and Shipping
a) Delivery dates are estimates only. Seller is not liable for delays or damages during transit. Partial shipments may be made. Buyer bears responsibility for import/export licenses.
b) Products are delivered EXW (Incoterms® 2010) at the location in the Sales Confirmation. Buyer must accept delivery within 3 days of notification or bear all resulting costs, including storage.
c) Buyer must notify Seller in writing of any non-delivery within 5 days of expected delivery. Seller’s liability is limited to re-delivery or invoice adjustment.
6. Title and Risk of Loss
a) Risk of loss passes to Buyer upon delivery to the carrier.
b) Title passes to Buyer only after full payment is received by Seller.
7. Changes
Seller may revise Products at any time without obligation to modify previously sold units.
8. Warranty
Warranty terms are available at: https://ecuteam.com/warranty-terms/
9. Dispute Resolution
Upon Seller receiving notification of a disputed transaction from Buyer’s bank, Seller has the right to immediately charge Buyer 50% of the total invoice amount. This fee is non-refundable. Seller reserves the right to deduct this from any of Buyer’s payment methods. Any unauthorized chargeback shall result in permanent voiding of Buyer’s warranty. Final resolution of disputes will be determined by Seller’s submission to Merchant Services and final bank decision.
10. Services and Labor
All services, including labor, are non-refundable under any circumstances.
11. Refunds
Refunds are at Seller’s sole discretion. Buyer must request refund in writing with justification and supporting evidence (e.g., diagnostic report with timestamp). Seller may deduct up to 30% restocking fee and retain all charges related to labor, time, and software. In case of unauthorized disputes, see item 9. Buyer is solely responsible for any incidental expenses or fees incurred during the service or return process.
12. Core-Charge
A non-refundable Core-Charge of $350 applies when Buyer requests return of an original part after replacement with a remanufactured/reconditioned/rebuilt unit. The original becomes property of ECU Team Corp upon successful transaction.
13. Diagnostic Fee
Free diagnostics are offered only when Buyer accepts Seller’s offer. If Buyer cancels the order, a diagnostic fee of $100 plus basic shipping (3 business days minimum) will be charged. See item 2 for additional cancellation terms.
14. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Florida, USA. All disputes shall be resolved exclusively in courts located in Palm Beach County, Florida. Buyer waives all rights to jury trials and class actions.
15. Contact Information
ECU Team Corp
8125 Monetary Drive, Unit H7
West Palm Beach, FL 33404
Phone: 888-541-6025
Cell: 561-385-5843
Email: sales@ecuteam.com