All sales made by EMGC USA, LLC will be governed by the following Terms and Conditions, together with Purchase Orders, Accepted Budgets, Product Lists and any other document or contract exchanged and/or signed with Customers.
Seller
EMGC USA, LLC, is a limited liability company incorporated under the laws of the State of Florida, domiciled in the state of Florida, United States of America (hereinafter “EMGC” or “Seller”).
Purchase Orders
When the customer decides to purchase the Products offered, they will sign the Budget Acceptance form, which is considered by the Seller as a "Purchase Order". Clients will send EMGC all the specifications of the products and/or services that they require in writing, this information will be used in the Estimate by EMGC USA, detailing (i) name and/or characteristics of each requested product, model or part number , (ii) quantity of each product, (iii) unit price of each product, (iv) place of delivery, (v) shipping method (air/ocean), and (v) proposed shipping date, among others that could be added.
The client must accept the Budget within five (5) business days of receipt. If EMGC does not receive it within this period, the Purchase Order will be considered rejected or canceled by the Client. In this case, EMGC USA does not commit to maintaining the offered price.
Customers may, without charge, cancel all or part of the Purchase Order before paying the first part of the full price. Orders canceled or eliminated after the payment of this first installment will not be processed and EMGC will have the right to retain 100% of this payment as compensation.
Shipment
Domestic sales will be shipped by EMGC USA using the United States Postal Service (“USPS”) or a recognized private Courier service, depending on the customer's requirement. When the products are sent in this way, the delivery will be governed by the terms and conditions of the chosen carrier.
International sales will be sent by air or sea freight, as agreed with the Clients. Unless otherwise agreed with the Clients, all international sales are made by EMGC under CIF (Cost, Insurance and Freight) conditions, that is, that the price will include the cost, insurance and freight, and the products will be understood to be delivered upon arrival at the port of destination. Clients will be responsible for all customs processes, as well as pay all applicable customs duties, fees and costs.
Clients must provide an exact and valid address, or a port of destination, where the products will be delivered by the selected carrier.
If the client has an account with a courier service and wants EMGC USA to use it to send the purchased products, they must indicate so and the company will take care of the logistics for their delivery.
Payment of the Price
Unless, in writing, something different is agreed with the Clients, all products will be paid in two installments of fifty percent (50%) each of the total amount of the invoice or final price. The first installment will be payable with the acceptance of the List of Products Sold delivered by EMGC, and the remaining balance payable up to five (5) business days before the date of shipment of the products.
Without exception, the products will have to be paid in full before shipment. Thus, EMGC USA will not order the shipment of any product, if any amount owed by the Client is pending payment.
Unless otherwise agreed with the Clients in writing, all payments will be made to the EMGC bank account.
A financial charge will be applied to all accounts that do not pay on the agreed terms, at a rate of 1.5% per month on the total amount owed. The Client agrees to pay all necessary legal and collection costs in case of legal actions for the collection of overdue debts.
Limited Warranty
EMGC guarantees that the products (i) do not have material defects, (ii) have been manufactured with a high level of quality, and (iii) comply with adequate parameters and specifications, for use under reasonable commercial parameters._cc781905-5cde-3194- bb3b-136bad5cf58d_
The only contractual remedy owed by EMGC for the breach of this limited warranty, will be the delivery to the Customer of replacement units of the Products, at EMGC's cost, provided that the Customer: (i) notifies the defect or non-conformity of the products within within five (5) days of receipt, and (ii) comply with returning the defective products to EMGC USA.
This warranty does not apply to Products that have been abused, neglected, or misused by Customer in accordance with applicable documentation or specifications, or if Customer has had the Product repaired or altered by someone other than EMGC USA.
Documents for compliance purposes
Clients must deliver their corporate documents, including those that reflect the quality of the person making the purchase on their behalf.