Acceptance of Terms
Information Subject to Change
The information contained on this EMSCO site, including, but not limited to, rules that govern the use of the site, is subject to change without notice. Your use of the site following any such change constitutes your agreement to follow and be bound by the rules as changed.
All site design, text, images and graphics, as well as selection and arrangement of these features, are copyright 2005-2014 by Electric Motor Supply Co. Inc. – EMSCO. All rights reserved. Product text, product images and product graphics may be copyright by the original owner. All rights reserved. Permission is granted to copy electronically and to print portions of this site for informational or shopping purposes. Any other use of materials on this site, including reproduction for purposes other than noted above, modification, distribution, or reproduction, without the prior written consent of EMSCO, is strictly prohibited.
The EMSCOMN site design, the EMSCO INC. corporate logo and EMSCO brand logos are trademarks of Electric Motor Supply Co. Inc. – EMSCO. All other trademarks on this site, including, but not limited to, company names and logos and product names and logos are the property of their respective owners.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. EMSCO reserves the right, without prior notification, to limit the order quantity on any item or to refuse service to any customer. Verification of customer personal or financial information may be required prior to the acceptance of any order. Prices and availability of products on the site are subject to change without notice. Errors will be corrected when discovered and EMSCO Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted.
Links to Other Websites
EMSCO Inc. makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this site, or sites linking to this site.
Warranties and Disclaimers
EMSCO Inc. intends for the information and data contained on the site or provided via other channels, including, but not limited to phone and email, to be accurate and reliable. The information and data on this site have been compiled from a variety of sources and are provided as is. You expressly agree that your use of this site is at your sole risk. EMSCO Inc. Expressly disclaims all warranties and/or conditions, expressed or implied, as to any matter whatsoever relating to or referenced by this site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement.
Limitation of Liability
In no event shall EMSCO Inc. or its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site or via other channels, including, but not limited to, phone and email, be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, loss of data or loss of use, arising from the use or inability to use the site or any information contained thereon, whether based upon warranty, contract, tort or otherwise, even if EMSCO Inc. has been advised of or should have known of the possibility of such damages or losses. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the site or other channels. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. This site is operated by EMSCO Inc. from its offices in Fridley, Minnesota, USA. The law of the State of Minnesota shall govern these terms and conditions, without reference to its choice of law rules. EMSCO Inc. makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the site from territories where the content of the site may be illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
All orders purchased through the EMSCO website under 150lbs will be shipped via UPS. The UPS charges will be calculated at check out. All orders over 150lbs will be shipped freight collect via a common LTL carrier. We can ship with virtually any LTL carrier, please provide your account number and what carrier you would like to use, if you have a preference. Customer must arrange and pay for freight on any returns.
Any and all unauthorized or non-warranty returns may be subject to up to a 50% restock charge and/or refusal of receipt at the discretion of EMSCO. Please contact your salesman for a Return Authorization (RA).
EQUIPMENT BEING OFFERED OR HAS BEEN PURCHASED UNDER THE CONDITION OF A LIMITED WARRANTY IS WARRANTED UNDER THE FOLLOWING PROVISIONS:
For a period of 1 years from the date of shipment the equipment is guaranteed against defects in workmanship and material when operated under normal load, usage and conditions in accordance with nameplate rating of equipment and according to standard industry operating and safety procedures under competent, qualified supervision.
Any mechanical or electrical parts providing defective under normal operation and installation will be repaired F.O.B. sellers plant or such alternative factory as designated by Electric Motor Supply Company (EMSCO). In the event that the equipment is found to be unrepeatable or economically unfeasible to repair EMSCO will replace the equipment or refund the purchase price. In no event, however, shall EMSCO’s obligations under this warranty exceed, in amount, the original purchase price of the equipment. In the event the costs, repair, or replacement would exceed the original price, EMSCO’s obligations under this warranty shall be satisfied by a return of the purchase price.
Any and all unauthorized or non-warranty returns may be subject to up to a 50% restock charge and/or refusal of receipt at the discretion of EMSCO.
Electric Motor Supply Co. Liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from the performance or breach thereof, or from repair, maintenance, modification or use of any equipment covered by or furnished under this order shall in no case exceed the total amount of the order. In no event shall EMSCO be liable for special, indirect or consequential damages, such as, but not limited to, loss of profits or revenue, loss of use of equipment or plant, cost of capital, cost of purchased or replaced power, claims of customers of the purchaser or other incidental damages or for delay in performance of this warranty.
EMSCO does not warrant that the equipment will meet or comply with requirements of any safety code or regulation of any state, municipality or other jurisdiction. The equipment is sold based upon the purchaser’s independent determination that it is appropriate for purchasers intended application. The giving or failures to give any advice or recommendation by EMSCO shall not constitute any warranty nor impose any liability upon EMSCO. If any characteristic of the equipment is deemed by the purchaser to be that it is in the form stated in any specifications, correspondence or description given at any time. EMSCO salesmen may have made oral statements about the equipment. Such statements do not constitute warranties, shall not be relied upon by the purchaser, and are not part of the agreement.
Equipment sold or offered “as-is”, “used” or “electrically OK” is specifically excluded from this warranty.
The warranties made herein shall be IN LIEU OF any other warranty, expressed or implied, including but not limited to any IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Such implied WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
All claims for any warranty or authorization to proceed under any warranty shall be in writing.
Payment for equipment purchased is required according to the terms of the original invoice.