Legal

Conditions of Sale

Your purchases from EPD, INC. are made subject to these Terms and Conditions.

Please review them carefully before placing your order.

Small Transformers/Custom Magnetics

1. Warranty claims:  We make no implied warranties, including the implied warranties of merchantability or fitness for a particular purpose with respect to any goods or services sold to you.

• Drawing provided by customer will not be defended by EPD, Inc. against copyright/patent violations.
• EPD, Inc. will not verify that transformer specs provided by customer are suitable to run specific tube setups.  Please consult an amplifier technician should you have questions regarding suitability for specific tubes/tube configurations.
• Merchandise must be returned via a traceable delivery method, in its original condition and packing, and arrive at EPD, INC. within 30 days documented receipt of the merchandise.
• Materials that are improperly packaged and sustain further damage during the return process will NOT be eligible for refund.
• Any product received beyond the 30 days return period or without an authorized RMA# will be returned back to you at your expense.
• Special-order, specially configured and value-added products are returnable only if defective and with RMA#.

Please call our office and request a RMA #.  Reference the original transaction number or call our Customer Service Department if you need assistance.   Beyond our 30-day money-back guarantee, no returns for credit will be accepted, even if the merchandise is defective.  However, the manufacturer’s warranty will apply, and we will be happy to assist you in obtaining warranty satisfaction from the manufacturer.  Components used in custom assemblies have a minimum manufacturer’s warranty of one year, unless stated otherwise.

2. Custom Assemblies:  EPD warranties custom assemblies to be free from defect in EPD’s workmanship for one year.  During the warranty period, EPD will replace or repair, at our option, custom assemblies with defective workmanship.  Please request a RMA# and provide detailed information of the problem.  This warranty applies ONLY to workmanship defects.  It does not cover incorrect customer specifications.  You will be provided a written quote outlining the specifications as we understand them.  Please review this quote carefully to be sure you have correctly communicated your custom transformer requirements.

3. Prices:   A Minimum Order of $150.00 PER ORDER does apply.  At the time of your order, you will receive the total Material cost.  Delivery cost will depend upon delivery method, carrier selected and final weight of packed units. State sales tax, if applicable, will be added to your invoice unless an acceptable resale tax exemption certificate is provided. Where applicable, the payment of all customs duties will be your responsibility.  Freight estimates will be provided upon request.

4. Payment Terms: If you would like to establish an open account, please call 1-855-752-5134 to request a credit application. During the credit application process, business may be done via credit card or COD UPS Delivery. We reserve the right to change terms of sale at any time.

• All payments must be made in U.S. funds drawn on U.S. banks, unless alternate arrangements have been approved by EPD, INC.
• Payment is required 30 days from the shipment date once you have established an open account, unless otherwise stated on the invoice.
• There will be a $35.00 charge for checks returned for any reason.
• Please pay from the invoice provided as no statement will be issued. A late payment charge of 1.5% per month (18% APR) will be charged on all invoices not paid within the

defined terms. Our Accounting Department is available to help you in all billing matters.

• Non-payment of account may result in suspension of Credit Terms, Held Shipments or COD Deliveries depending upon the delinquency of the account.

In the event EPD, INC. retains a collection agency or attorney to enforce any of your obligations to EPD, INC., you agree to pay all of EPD, INC’s costs and expenses associated with such enforcement, including all collection agency fees, attorney’s fees of fifteen percent (15%) of the unpaid balance, plus all additional costs of collection and/or litigation. You agree to pay and/or reimburse EPD, INC. for any and all sales, use and excise taxes which may be imposed on you or EPD, INC. by any government entity as a result of any sales to you, regardless of when such taxes may be assessed, imposed, or levied.

5. Shipping:  All domestic shipments are shipped FOB Wendell, NC.  International shipments are shipped Ex Works.  In all cases, title to goods transfers at the point materials are transferred to carrier.  All shipments in excess of $500.00 will be insured for the actual amount of invoice, less any shipping/handling/freight/administrative charges.  If you have comprehensive insurance that covers shipping loss and do not wish to have your shipments insured through the carrier, an insurance waiver must be provided prior to shipment.

6. Damages in Shipment: EPD, Inc takes steps to carefully package all products against damage during the shipping process.  Regardless of your shipping terms, we will assist you if the merchandise is verified as damaged in transit. If this occurs, please take the following action:

• Do not accept a visibly damaged product until the person making the delivery has endorsed the air bill/bill of lading with a statement of the extent of the damage.  Whenever possible, photograph damages.
• If damage is concealed and found after unpacking, retain all packing material and immediately call us. Concealed damage must be reported on the same day of delivery.
• Notify us immediately of damages so that we can provide you with assistance on the claim with the freight carrier. When calling, please have the sales order number at hand.
• Please send us copies of all airbills/bills of lading and inspection reports.

7. Limitation of Liability: In no event shall EPD, INC. be liable to you under any cause of action or claim of any nature whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or other economic loss, including, but not limited to, such losses as (i) wages paid to your employees, (ii) lost revenue, (iii) lost use of equipment, (iv) purchase, lease, or other acquisition of replacement, substitute, or temporary equipment, facilities or services, (v) costs of capital, (vi) costs or losses related to downtime, (vii) manual labor costs, or (viii) any other indirect, incidental, special, consequential, or other similar damages arising out of any claim relating to your purchases of goods or services from EPD, INC., including losses resulting from your general or particular requirements or needs, whether or not EPD, INC., at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonable prevented by you by cover or otherwise.EPD, INC.’s liability to you shall in no event exceed the purchase price of the nonconforming goods or services giving rise to EPD, INC.’s liability to you.

7. Choice of Law, Forum Selection: Finally, EPD, INC. controls and operates its business from its offices at Wendell, North Carolina, USA. Consequently, any questions relating to these Terms and Conditions or their application in a particular situation shall be governed by the laws of the United States and the State of North Carolina. Any legal or equitable action of whatever nature brought by you against EPD, INC. arising out of or related in any respect to these Terms and Conditions or your purchases or other dealings with EPD, INC. shall be brought solely in either the United States District Court for the District of North Carolina or the appropriate court of the State of North Carolina located in the jurisdiction where EPD, INC. has its principal place of business.

9. Amendments: By purchasing from EPD, INC. you agree to be bound by these Terms and Conditions in effect at the time of your purchase. You agree that EPD, INC. may change any of these Terms and Conditions upon 15 days prior written notice to you, and that such changed Terms and Conditions will thereafter apply to any new transactions between you and EPD, INC. You agree that in the event that any portion of these Terms and Conditions is found to be unenforceable, the remainder of these Terms and Conditions will remain in full force and effect.

Large Transformer (1KVA and over)

1. EPD® custom designed and manufactured transformers carry a warranty for a period of 1 year from the date of invoice.

EXCEPTION:

Alternator Transformers carry a 90 day warranty from the date of invoice.  This warranty covers defects in materials and workmanship only.  This warranty DOES NOT cover improper wiring or installation, use above and beyond electrical ratings stated on the unit, water damage, neglect or any other intentional damage.