Legal Disclaimers

• All information listed on this web site is subject to change without notice.
• All prices listed on this web site are based on online orders. Telephone orders may be priced higher.
• ESC reserves the right to make adjustments due to changing market conditions, product discontinuations, manufacturer price changes, errors in advertisement, or other extenuating circumstances. ESC is not responsible for manufacturer price changes.
• Seller hereby expressly disclaims all warranties, either expressed or implied warranty of merchantability or fitness for a particular purpose. This disclaimer by the seller in no way affects the terms of the manufacturer's warranty, if any.
• Title to goods herein being purchased is retained by the seller until goods are paid for in full by the purchaser and at that time title passes to the purchaser.
• These policies as stated herein, supersede policies appearing on all other ESC literature and are in effect for all purchases made.
• If goods herein are being purchased for purposes of export, purchaser must obtain from the Federal Government certain export documentation before shipping to a foreign country. In addition, manufacturer's warranties for exported goods may vary or even be null and void.
• If you have questions, please inquire. Any and all liability is only for the products purchased.
• All warranties listed are the manufacturer's warranty, not ESC's.
• All trademarks are property of their respective owners.

• ESC does not accept C.O.D. orders.
• ESC will accept credit card orders drawn on MasterCard, VISA, American Express, and Corporate American Express, with a verified billing address in the continental United States.  We also accept Corporate Data Rate II MasterCard (Purchasing, Business, and Corporate) cards, International Corporate Purchasing Data Rate II MasterCard, as well as Corporate and Business VISA cards.
• ESC will accept a Cashier's Check or Money Order drawn on a valid banking institution in the continental United States.
• ESC will accept personal and corporate checks, subject to verification, for prepay orders, but allow 10 business days for clearing.
• All invoices on approved Net Terms are due and payable in full 10 business days from the date of the invoice unless other terms of payment are specified on the face thereof. Overdue payments are  subject to a service charge of 1.5% per month, or the maximum legal rate, whichever is lower.
• Purchaser agrees that ESC retains full security interest in any and all materials and equipment purchased by this agreement until payment is made in full by Purchaser.
• Purchaser is responsible for any state and local taxes. Missouri customers add 6.725% sales tax.
• Resellers and tax exempt organizations must file an exemption form with ESC prior to placing orders. Missouri tax exempt purchasers are solely responsible for any Missouri Use Taxes.

• Effective 2/16/2003, all orders 5 pounds or less and totaling less than $200 will be shipped by second day Airborne Express within the 48 continental states for a total shipping, handling, and insurance charge of $13.00. Add an additional $10.00 for points in Alaska and Hawaii.
• For all other orders, freight is calculated as the carrier's estimated freight charge, plus insurance and packaging materials. The cost of insurance is 0.65% of the order total, and packaging materials will not exceed $4.00 for single package orders, or $6.00 for multi-package shipments.
• For your protection, all first-time orders placed by a credit card will be shipped only to the credit card holder's verified billing address.
• In some circumstances, international shipping may be available. Call for details.
• If your product shipment is damaged upon receipt, obtain an insurance claim form from the freight carrier at the time of delivery, and do not accept the delivery. Contact ESC immediately for processing of the claim for the damaged goods. If you accept and sign for the damaged goods, the freight carrier insurance may not cover the damages.
• All duties and tariffs are the sole responsibility of the customer.
• All freight charges, duties, and tariffs on refused or returned packages are the sole responsibility of the customer.

• Please keep all packing materials and documentation in the event that your equipment has to be serviced or returned.
• Absolutely no returns will be allowed for software that has been opened.
• Absolutely no returns will be allowed for individual chips (SIMMs, DIMMs, CPUs, etc.) unless demonstrably dead on arrival or defective.
• Before returning any product, you must obtain a Return Merchandise Authorization (RMA) number. NO returns, of any type, will be accepted without an RMA number.
• Please have the following information on-hand when calling for an RMA number::
• Customer Name
• Invoice Number
• Serial Number of the equipment, if any
• the nature of the problem
• All products to be returned must adhere to the following conditions to be accepted by ESC for return, exchange, or credit:
• Goods must be returned within 10 days from the invoice date
• A valid RMA number must have been requested from ESC
• Goods must be 100% complete
• Goods must be in resale-able condition. ESC retains the right to judge the resale-able condition of the goods.
• Must include the original documentation, in good condition
• Must be contained in the original packaging materials
• Must contain the original manuals, in good condition
• Must contain the original blank warranty cards
• Must contain the original cables, cords, assembly materials, and other accessories provided by the manufacturer.
• Returns for credit or exchange will be refused if all materials are not returned in resale-able condition, and in the original packaging materials.
• All defective products (except computers and printers) will be accepted directly by ESC for credit, exchange, or repair, at ESC's discretion within 10 days from the invoice date.
• ESC encourages its customers to purchase extended warranty plans for purchased equipment to provide day-one coverage for any included parts.
• All defective computers and printers will be accepted directly by ESC for repair or replacement only, at ESC's discretion, within 10 days from the invoice date. After 10 days, the manufacturer's warranty applies.
• All non-defective returns for credit or exchange are subject to a 15% restocking fee, and must be completed within 10 days of the date of the invoice.
• Apple, AST, Compaq, Hewlett-Packard, and IBM only: due to manufacturer's return policies, only defective or inoperable Apple, AST, Compaq, Hewlett-Packard, and IBM products may be returned to ESC.  No refunds or exchanges can be made, repairs only.
• Customer is responsible for all shipping charges for returned materials. Customer shall be responsible for obtaining adequate freight insurance for the declared value of the materials, and shall be responsible for damages incurred during shipping of materials.
• ESC reserves the right to authorize product returns beyond 10 days from the invoice date. If the product is accepted after 10 days, credit will be issued toward FUTURE PURCHASES ONLY.
• Original shipping, handling, and insurance charges are not refundable.

• Purchaser agrees to indemnify, defend, and save ESC harmless from any and all claims, demands, suits, damages, consequential damages, interests, litigation expenses, court costs, attorney's fees, costs and expenses of whatsoever kind or nature when the same, in whole or in part, result from or arise out of (a) the failure of Purchaser to promptly remit any amounts due and owing to ESC (b) attempts by ESC to enforce the conditions of this sales agreement (c) any actions taken by ESC in fulfilling the order that are not negligent.

• Order agreements pursuant to this agreement may be changed or terminated by Purchaser only with the specific approval of ESC and shall be subject to change or termination charges which shall include, among other things, compensation for specific expenses and commitments already incurred or made in connection with the orders. A minimum 15% restocking / cancellation fee will be applicable to materials or equipment orders canceled.

• If the terms and conditions stated on your purchase order are different in any way from the terms and policies declared herein, and you do not notify ESC of said differences in advance of the order date, it shall signify your acceptance of our original terms as stated herein.
• Notwithstanding any terms or conditions which may be included on the Purchaser's purchase order form or otherwise, ESC's acceptance is conditional upon Purchaser's assent to the terms and conditions set forth herein. Any term or condition in the Purchaser's purchase order or acceptance in addition to or not identical with any of these terms and conditions shall not become a part of the agreement of any sale unless expressly agreed to in writing by an authorized representative of ESC. ESC's failure to object to any term or condition contained in any communication from the Purchaser shall not be deemed assent to such term or condition or a waiver of the terms and conditions contained herein. The terms and conditions set forth herein shall be deemed incorporated (as though set forth in full) into any agreement of sale entered into between ESC and the Purchaser unless modified in writing by an authorized representative of ESC.