Terms and Conditions
Welcome to ELiners.com ("Site"). ELiners.com is also referred herein as “ELiners”, “we”, “us” or “Company”. Please read all of our terms and conditions carefully before using this Site. By browsing, accessing or using this Site, you agree to be bound by these terms and conditions. The provision of information, contents, products and services on this Site by the owners and operators of ELiners.com and their suppliers is subject to your agreement of these terms and conditions. Purchasing products (“Products or Items”) or services (“Services”) on this Site constitutes your acceptance of all these terms and conditions contained herein.
We reserve the right to change terms and conditions from time to time and at any time. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on this Site. Your continued use of the Site will signify your acceptance of any adjustment to these terms. You agree to review these terms and conditions periodically, and use of this Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
Third-Party Links
This Site may contain third-party content and may also include hypertext links to third-party websites (Third-Party or Parties”). We provide such third-party links as a courtesy to our users. Certain content available in this Site may include materials, products or services from third-parties. Third-party links on this Site may direct you to those third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, services or products. We have no control over any third-party websites or content referenced, accessed by or available on this Site and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third-party content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content. We are not liable for any harm or damages related to the purchase or use of goods, services, content, or any other transactions made in connection with any third-party websites. Please review carefully those third-party's policies and practices and make sure you understand them before you engage in any transaction. If you visit a link from third-party websites, we encourage you to consult their privacy policy and their terms of use for each third-party website that you visit. Complaints, claims, concerns, or questions regarding third-party content, materials, products or services should be directed to those third-parties.
Placing an Order
By completing and submitting an electronic order form, you are making an offer to purchase goods ("Products" or "Items) which, if accepted by us, will result in a binding contract between Buyer and ELiners, with your agreement to the entire policy written here and no other communication whether written, verbal, faxed, or in any other form shall supersede this policy. Most products are in stock, but be advise that some products will be manufactured and these orders will take some time to fulfill. All prices shown on this Site are, and payments shall be made, in U.S. Dollars. Please note that products will not be schedule for shipping until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized. We reserve the right to refuse any order and/or cancel any order and refund the customer's money due to pricing errors or any other reason. We do not have to accept your order; for example, if: (a) We do not have the product(s) in stock; (b) Your payment is not authorized; (c) There is an error on our Site regarding the price or other details of the products.
Order cancellation
All sales are final. Once an order has been made and accepted, it is binding and cannot be cancelled. This applies to all orders, including standard and special orders.
Modifications to the Products, Services and Prices
The prices for our products or our services are subject to change without notice. We reserve the right at any time to modify or discontinue the service or product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service or product. If Buyer submits a check for payment and the check is returned, then Buyer must pay a fee of $75.00 dollars for each returned check.
Invoices
If an item shall be paid by Invoice, then the Buyer must pay the invoice in full before products ship. If for some reason any portion of the invoice is not paid and Buyer receives the purchased products, then the unpaid amount shall bear interest from the due date at the rate of 1.5% per month (18% per annum) until paid in full. Any payments made on past due invoices will be applied first to interest and then to the account balance, and they will be applied first to the oldest outstanding invoice. If we must initiate an action, or intervene in a pending action, to recover any amount due from those invoices then Eliners will be entitled to attorneys’ fees, costs, and all other expenses related to such an action. All products remain the property of ELiners until paid in full.
Taxes
The timely payment of local, state or federal tax levied on the products shall remain the sole responsibility of the Buyer. If purchased products have no Sales Tax included at the time of payment, then Buyer must pay the corresponding Sales Tax amount, in timely manner, to the proper local, state or federal entity. This includes taxes owed to the carrier services. We shall not be liable for unpaid, outstanding, interest accrued or overdue sales tax due by Buyer for non payment to the proper local, state or federal entity.
Shipping
Please be aware that we do not ship our products to Alaska, Hawaii or outside the continental United States of America. Shipping of products can take several days depending on their availability. You will receive an email with the estimated ship date. Shipping costs are additional to the prices of the products for sale on this Site. Some products may include shipping costs. We use third-party shipping/delivery/carries services (“Carrier”). Delivery dates will be estimated. As soon as that third-party takes possession over the purchased product(s) for delivery, we are no longer responsible, and we will not be liable for claims or delays in deliveries. We are not liable for damages once the carrier accepts to deliver your purchased products. We recommend that you buy insurance from the assigned carrier. If Buyer prefers to ship the purchased items using its own carrier, then the Buyer must arrange its own shipping and must pay for such carrier services, including shipping/carrier insurance.
Loading and Unloading Items
The Buyer is responsible for loading and unloading the purchased product(s). Upon delivery of the purchased products, Buyer assumes all liability and responsibility including, but not limited to, handling, transportation, safety, application and proper disposal of the products. If our employees assist you in loading or unloading those purchased products(s) then the Buyer agrees to assume the risk and hold ELiners and its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of ELiners and its employees.
Inspection of Purchased Products
Buyer must inspect the purchased item(s) upon receiving them from the carrier. In the event that the items have been damaged during transportation, Buyer must file a claim with the carrier. If the items are defective or not working, you must submit a claim directly with the manufacturer.
Returns
Returns are not possible. No refunds. If an item received is defective, not working or damaged, you must submit a claim directly with the manufacturer for each product purchased that is defective. The manufacturer decides if the defective item will be replaced or repaired. The timeframe to file a claim is 28 days after receiving the defective item. After this time, the items sold will be deemed to be in good working condition.
Disclaimer of Warranties
ELiners makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied. There’s no warranty or representation that the items for sale or sold are fit for the buyer’s particular intended use, or that is free of latent defects. We shall not be responsible to buyer or to any third-party for any loss, damage or injury caused by, resulting from, or in any way attributable to the operation of, use of, or any failure of the sold items. Buyer’s sole remedy for any failure of or defect in the sold items shall be the return of such items to the manufacturer. Buyer's recovery from ELiners or the manufacturer for any claim shall not exceed Buyer’s purchase price for the products purchased, irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise.
Technical Advice
If statements, technical advice or otherwise is offered or given to Buyer then such statements or advise will be deemed to be given as a courtesy to Buyer and ELiners will have no responsibility or liabilities whatsoever for the content or use of such statements or advice given by us to the Buyer.
Networks
You understand that the content and information that you provide to us may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We shall not be responsible to buyer or to any third-party if your information is exposed intentionally or unintentionally. You agree to hold us harmless in the event that such information is compromised as we have no control of unencrypted information transmitted over the internet or other type of sources.
Copyrights
Copyrights, trademarks, patents, and other applicable laws protect the services, products and materials on this Site. The contents on these webpages are copyright of ELiners and any reproduction or electronic transmission is prohibited. Polyglass and Tecnopol Logos are copyright of Polyglass U.S.A., Inc. a Mapei Group. PMC (Polymac) Logos are copyright of Polyurethane Machinery Company. Unauthorized use of the words or images from this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. None of the names, logos, trademarks, service marks displayed on this Site may be used elsewhere in any advertising or publicity or otherwise to indicate sponsorship or affiliation with any product or service. Nothing contained on this Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right of use to any trademarks or logos displayed on this Site. This Site may contain other proprietary notices, terms and copyright information of which must be observed and followed by users of this Site.
Waiver of Liability
The purchaser agrees that ELiners, its agents, affiliates, suppliers or employees shall have no liability whatsoever other than the replacement of the purchased items at our sole discretion, or offering a refund at our sole discretion. In no case shall ELiners or its affiliates suppliers or employees have any other liability, financial or otherwise with respect to any item sold, offered for sale or as a free sample, or for any other service, advice, suggestions or consultations, paid or unpaid.
Accuracy, Completeness and Timeliness of Information
This Site and its components are offered for informational purposes only. We will not be responsible or liable for the accuracy, usefulness, errors, omissions or availability of information transmitted or made available on this Site. We are not responsible if information made available on this Site is not accurate, complete or current. The information and contents on this Site should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, and we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. This Site and its contents are owned by ELiners and its and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
For Non U.S.A. Users
This Site and its products for sale are intended for the purchase and use in the United States of America ("U.S.A."). We do not sell our products to users outside the U.S.A. If you place an order and the shipping address is outside the U.S.A., then we will decline the sale and the items will not be shipped at all. If you place an order and the shipping address is for a Freight Forwarder that will export the products outside the U.S.A., then you will loose any and all protections, including replacement or repair of the defective items, if any. A 10% administration fee will be charged for users that violate this policy.
General Conditions
You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the information contained on this Site. We reserve the right to refuse service to anyone for any reason at any time. By browsing, accessing, using our services or purchasing product(s) on this Site, you accept and agree to be bound by all of the terms and conditions contained herein. If you do not agree to abide by these terms and conditions, including our Privacy policy, please do not use this Site.
Governing Law
This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Texas and the forum for any legal action will be in Guadalupe County, Texas. Buyer consents to the personal jurisdiction of such courts, agrees to accept service of process by certified or registered mail and hereby waives any jurisdictional or venue defenses otherwise available to the Buyer and/or user of this Site.