Terms & Policies
1.1 In these conditions, "The Company" means Eilon Engineering Weighing Systems Ltd. and "The Customer" means the person, company or any entity to whom this document is addressed; "The Goods" means the goods, products, merchandise which are the subject of a contract between the Company and the Customer.
1.2 By clicking the "I agree" button, the customer accepts that Eilon Engineering's terms and conditions supersede any terms that the customer may state in his order, invoice, agreement or acknowledgements. These conditions form the basis of the Contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customer's standard conditions of purchase, these conditions shall apply.
1.3 Eilon Engineering systems (Ron Crane Scales and Dynamometers, Ron StageMaster and Ron CraneMaster) are available in a wide variety of models, capacities and options.
Each system is tailor-made per the customer's specification. In order to avoid any misunderstandings, the customer is obliged to check the order summary carefully and confirm that it is accurate and that nothing has been omitted. By clicking "I agree" the customer declares that he / she / it checked the order summary and found it suitable for its needs and the customer waives any claim regarding the order specification.
Once the customer clicked the "I agree" button regarding the Terms of Sale and Terms and Conditions, all sales are final except for unused systems as mentioned in clause 5. Any additional costs resulting from modification of the order will be charged to the customer. The Company shall not be responsible for any failure of the goods to meet the Customer's design requirements, which arise out of errors or incomplete information in such drawings, calculations and specifications. the customer waives any claim deriving from the aforementioned clause.
1.4 Unless ordered, shackles are not included with Ron Shackle Type and Eilon Classic load cells.
1.5 Eilon Engineering systems are not legal for trade by meaning that they cannot be used to determine costs to customers based on weights measured by these systems.
1.6 Buyer declares he/she fully understands that the Ron systems are prohibited by the manufacturer and/or seller from use in any nuclear or similar site where nuclear and/or radioactivity and/or ionizing radiation (henceforth radiation) exists, and that the Eilon Engineering systems may not function well in any space where radiation exists. The buyer hereby waives any right of claim against the manufacturer and/or seller concerning direct or consequential damages or loss resulting from any aforementioned miss-use and /or from use of Eilon Engineering systems in violation of the above restrictions, and the buyer assumes full responsibility and liability to waive any subrogation claim rights by the insurer to such claim against the manufacturer and/or seller. If the buyer is not the user, it is his / her responsibility to make the user aware of the aforementioned restriction and consequences.
1.7 Any overload is strictly forbidden and might be dangerous. The company shall not be responsible for any miss-use or usage against the company instructions and system instructions.
1.8 The user should read the Operating Manual thoroughly before using the system.
1.9 The User declares and approves that he / she / it carefully follows the safety instructions that are supplied with the system.
1.9A No entity has the authority on behalf of the Company to vary any of these conditions except by prior written notice signed by a director of the Company.
1.9B Any notice given hereunder (by post, facsimile or email) to the recipient at his or its principal or registered office, shall be deemed to have been properly served at the time when in ordinary course of post or transmission it would reach its destination.
2.1 The time, place and means of delivery shall be as specified in the order confirmation form.
2.2 The Company shall make all reasonable endeavors to meet delivery dates but shall be under no liability for failure to deliver on a specified date within a specified period.
2.3 If the Customer fails to accept delivery of the Goods, the Company shall be entitled, without prejudice to any rights it may have, to store the Goods at the expense and risk of the Customer.
2.4 The Customer shall be solely responsible for shipment and delivery charges, fees etc.
2.5 All taxes deriving from the purchase of goods or items shipment, will occur and will be paid by the Customer.
2.6 The Customer is responsible to issue the appropriate shipment liability insurance policy.
3.1 The Company shall be entitled to deliver the Goods by one or more installments and in that event, each installment shall be invoiced and paid for separately.
3.2 Where the goods are delivered to the Customer by installments or over a period, and the Customer has failed to pay on due dates, any invoice for goods that has already delivered shall entitle the Company (without prejudice to any other rights it may have) to suspend deliveries of further installments or Goods until all outstanding amounts to the Company from the Customer have been paid. The Company shall also be entitled to terminate the contract upon such provision violation.
4. Payment and Interest
4.1 The prompt payment (e.g. down payment, First payment, any payment) to the Company upon invoices issuance and their delivery to the Customer, is a precondition for further deliveries and (without prejudice to any other remedies the Company may have in respect of overdue payments) the Company reserves the right to charge interest (prior to as well as following any applicable law) at the rate of 10% per annum for the time involved on all sums overdue for payment by the Customer.
5. Return Policy
Due to safety concerns, Eilon Engineering has a strict policy prohibiting the resale and further use of previously owned systems. Due to this, all sales are final. Return of brand-new, unused systems are approved at the sole discretion of Eilon Engineering and require that products be inspected and evaluated by Eilon Engineering.
To be eligible for credit or exchange, goods returned to Eilon Engineering must comply with the following requirements:
1) In case the system hasn’t been used, please provide photos of the system along with Serial #, Date and Invoice Number. Eilon Engineering will decide whether to accept the system at its premises for further evaluation. If so, an RMA # for the returned goods will be issued.
2) Must be current models of current generation. Custom-Manufactured “Specials” are NOT returnable.
3) Return transportation charges must be prepaid and are the responsibility of the customer.
4) Further evaluations at Eilon Engineering’s laboratory will be performed to confirm that the system has never been used. In the event that a system is determined to have undergone use no credit will be issued and the return freight and any other charges (customs release and other freight expenses) will be paid by the customer.
5) Returned goods accepted for credit or exchange are subject to a 15% restocking charge. Custom release and other freight related charges will be deducted from this amount. All goods to be evaluated by Eilon Engineering. All credits pending approval of Eilon Engineering.
6. Title of the Goods
6.1 The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until all amounts and full consideration will be paid to the Company by the Customer on any account whatsoever having been paid to the Company in full.
6.2 The risk of loss or damage to the goods shall transfer to the Company in the event that Eilon Engineering is paying the courier for the freight, and will be the Customer's sole responsibility in the event that the Customer is using his account with the courier company for delivery.
6.3 The Customer shall ensure that the Goods do not become subject to any charge, lien or encumbrance, but the Customer may resell the Goods to third parties in the normal course of business and the proceeds of any such resale shall belong to the Company to the extent that any due payments that is still remaining by the Customer and the Customer shall be under a fiduciary duty to account to the Company for such proceeds of sale into a separate trust account pending accounting to the Company thereof.
6.4 The Customer shall not be deemed to be the Company's agent for any purpose and shall indemnify the Company against any liability that the Company may incur to third parties (and including all the Company's expenses attributable thereof) in connection with the goods, other than liability which would have arisen if the preceding paragraphs of this condition had not formed part of the contract of sale.
7.1 The Customer shall carry out a thorough inspection of the Goods and shall give written notification to the Company immediately (10 business days) after their receipt forthwith, of any defects or shortages which a reasonable examination would reveal In the case of other defects, the Customer shall give written notification of defects in the goods as soon as the defect shall have come to the notice of the Customer.
7.2 Subject to compliance with the above obligations, which shall be a precondition to the Company's liability, the Company will repair or replace (at its sole discretion) any components of the Company's manufacture which failed due to faulty materials or workmanship during the warranty period (freight excluded). In the case of components or products not of the Company's manufacture but supplied by the Company as part of a Contract or order, the Company will assign to the Customer its claim rights against its supplier, and these rights shall be to the exclusion of and substitution for any rights which the Customer would otherwise have had against the Company.
7.3 The liability of the Company under this guarantee shall be limited to the invoice value of the components replaced or repaired and the Company shall not be liable for any consequential loss or damage howsoever caused.
7.4 In particular, but without prejudice to the generality of the foregoing, the Company shall not be liable for the accuracy of any information obtained from the use of products or services supplied by it, or for any loss, damage or expense which results from such information. The Customer shall be the sole responsible to insure itself against any and aforementioned losses and to hold the Company harmless and free from any liability therefore.
7.5 Upon request, the Customer shall return the Goods carriage paid to the Company together with sufficient details in writing to enable the Goods and the alleged defect to be clearly identified.
7.6 If the claim is not accepted, the Company will notify the Customer and hold the Goods for 14 days for the Customer's instructions, failing receipt of which the Company shall then be entitled to dispose of the Goods or store them at the Customer's expense without incurring any liability to the Company.
7.7 In all cases, the Company's liability shall exclude any modifications or repairs carried out by, or damages caused by anyone other than the Company.
8.1 The Company's liability in terms of these Conditions is in place of and to the exclusion of all other warranties, conditions or obligations imposed by statute or otherwise in relation to the quality or description of the Goods and their fitness for any indirect or consequential loss (howsoever arising) is hereby expressly included.
8.2 The liability of the Company for personal injury, loss or damage to property shall be limited to the invoice value and the Company shall not be liable for any consequential loss or damage howsoever caused.
9. Confidentiality, Patents and Registered Design
9.1 The Customer and his agents will treat all information, details, specifications, drawings and other matter relating to the goods or services to be supplied as confidential, unless published on the Company's website, and will not disclose the same to any other person or entities, except to such of its employees, subcontractors and suppliers as shall be necessary for the performance of the Company’s obligations under this contract.
9.2 The Customer agrees not to disclose to third parties, except to the extent necessary for the proper conduct of its business, any information belonging to the Company which has come into its possession pursuant to this contract.
9.3 Any drawings or technical documents intended for use in the manufacture of the goods or part thereof and submitted to the Customer by the Company shall remain the exclusive property of the Company and shall be returned on demand. They may not be used by the Customer for any other contract or copied, reproduced, transmitted or communicated to a third party.
9.4 The Customer shall fully indemnify the Company against all actions, claims, breaches, demands, costs, charges and expenses arising from or incurred by reason of any infringement, or use or alleged use of patent, registered design or copyright which arises out of or is alleged to arise out of this contract. The Customer agrees at all times to respect the Company's patent, registered designs, copyrights and neither to infringe them nor to do anything which might enable anyone else to infringe them.
10. Intellectual Property
10.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, Designs and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Company.
10.2. Without derogating from the above, the Website and all the webpages, marketing and commercial data, and all notices given or received by the Company, including email messages and any other correspondence, are solely owned by the Company.
10.3. You may not copy, reproduce, publish, transmit, distribute, display, modify, create derivatives of any System, product, data, content etc. without the Company’s prior written consent.
11. Privacy & Security
11.2. Upon registration or purchasing, the Customer will be requested to choose a username and password and to provide some personal details. Such details are necessary in order to allow You to access limited areas in the Website. It is Your responsibility to keep such details with discretion and to update Your username and password occasionally so only You will be able to use them. The Company and/or anyone on the Company’s behalf will not be liable for any unauthorized use of Your account and/or personal area by anyone who uses Your details without Your permission.
11.3. The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. The Customer hereby warrants that he will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of the Company and/or other users and breaching the security mechanisms of the Website of the Company. The Company will act against You in such case by any means permitted by the Israeli law including, immediate cancelation of all open orders, blocking Your access and use of the Website and taking legal actions against You in such case.
12. Indemnity for Third Party Claims
12.1 The Customer shall indemnify the Company against all claims or personal injury, loss or damage to property brought against the Company by third parties arising from the use of the goods unless such injury, loss or damage is solely attributable to the negligence of the Company, its employees or agents.
13.1. Without derogating from the Terms and according to any applicable law, the Company reserves its rights to cancel a confirmed order including, but not only, in case of a mistake in the description of a System or a Products regarding its specifications and price and in case the System or a Product was ordered in a violation of the Terms and thrift party rights. In such case the Company reserves its rights not to supply the Product after contacting You and notifying You of such an event within a reasonable time after notifying You of the reason of such cancellation and You may have no claims against the Company in such case. If the Customer paid for the order, the Company will refund the Customer the order’s amount less the Company’s expenses and restocking fee (if applicable).
14.1. These Terms constitute a separate agreement between the Customer and the Company. It is hereby clarified and agreed that the Company shall have no liability for any violation of the Terms by other Users, and in case of any violation of your rights by any other User all claims You may have should be addressed to such violating party and You shall have no claims and/or demands against the Company.
14.2 This Terms and conditions only will solely bind the Company. Any marketing and / or advertising data, photos etc. available in the Website or in any prospect or any other marketing materials will not be considered as the Company's professional recommendation or opinion regarding the systems or its products and the Customer declares that he cannot rely on them.
14.3. The Company shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to the Customer and/or to any other third parties resulting from any use or reliance on any content available on the Website.
14.4. The details and information appearing on the Products and/or in the Website are sometimes provided by third parties including, but not only, manufacturers, suppliers etc., and the Company shall bear no liability for such details and information.
15. Force Majeure
15.1 The Company shall not be liable to the Customer or incur any penalties for the failure to perform or delay in the performance of any of its obligations hereunder where such failure or delay is due wholly or in part directly or indirectly to causes beyond its reasonable control including but not by way of limitation the failure of a third party to manufacture the goods or deliver them to the Company.
16.1 The parties shall use their best endeavors to settle amicably any dispute or difference between them arising under or in connection with this agreement. If the parties fail to reach an amicable settlement, such dispute or difference shall be referred exclusively to the courts of Haifa, Israel to whose jurisdiction the parties hereby consent.
17. Applicable Law
17.1 This Agreement shall be governed by and construed in accordance with the Laws of Israel.
17.2 Adoption of a foreign verdict by an Israeli court of law will not be considered as a ruling under the Israeli law &/or Jurisdiction.
Eilon Engineering Weighing Systems Ltd.
1 Haetgar Street
Tirat Karmel Industrial Park
Tirat Karmel, 3903212
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