Welcome to esprit supply inc. website (the "Site"). We provide services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Esprit Supply inc., or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Esprit Supply inc. or its affiliates. All software used on this Site (the "Software") is the property of Esprit Supply inc., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by us in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Esprit supply Inc provides limited manufacture warranty on the equipment purchased. Esprit Supply Inc may repair or replace at its discretion any product or part deemed to be defective in material or workmanship upon inspection by an authroized representative of Esprit Supply Inc. This warranty covers only the listed components for the following time periods:
equipments: one year manufacture limited warranty from date of purchase from Esprit Supply Inc.
parts: Hydraulic pumps and electronic partis are covered by a 6 month limited warranty from the date of purchase from Esprit Supply Inc.
owner must pay all labor and shipping charges necessary to replace or repair the merchandise. Esprit supply Inc will not be liable for any consequential, incidental, or contingent damages. Esprit supply Inc may at its own discretion use refurbished parts for repair or repalcement purposes. this warranty is null and void if the product or part is removed from the equipment, is removed from its place of initial installation or is not installed in accordance with federal, state, or local codes and ordiances. Furthermore, this warranty does not apply if the part or product was subject to misapplication, misuse, improper installation or maintenance, negligence, improper cleaning, or other circumstances beyond Esprit Supply Inc's control. Esprit Supply Inc warrants the part to be free of manufacturer's defect for a period of 6 months or one-year from date of purchase. Please note: we are not responsible for damaged goods due to the actions of persons or entities other than Esprit Supply Inc.
items not covered under warranty:
normal wear and tear.
staining, fading, or discoloration of products.
damage resulting from improper use.
damage resulting from dropping equipment or accessories.
damage to pumps parts and/'or motor parts due to obstruction in plumbing lines, etc
staining, fading, or discoloration of plastic surfaces due to exposure and/or the use of harmful cleaning agents or chemicals.
malfunction or damage caused by improper installation, including not meeting local and state plumbing, electrial, and building codes.
freight damages, misuse, neglect, abuse, and natural disaster.
by using Esprit Supply Inc products or parts, owner agrees that the obligation of Esprit Supply Inc shall not extend to indirect or consequential damge, or injury, which may result from prodct use. ower agrees that the obligations of Esprit Supply inc are limited to those set herein and that there are no other obligations except those expressly agreed to in writing by Esprit Supply Inc. No dealer or other person has any authority to bind Esprit Supply Inc to changes or additions to this warranty or its products; accordingly, Esprit Supply Inc is not responsible for any such warranties or representations.
Except for the expressed 6 months or one year limited warranty referenced above, esprit supply inc expressly disclaims, and the customer acknowledges and agrees that it has not relied upon, any representation or warranty, statutory, express or implied, including without limitation any representation or warranty as to (i) the maintenance, repair, condition, quality, suitability, design or marketability of the product, (ii) the content, character or nature of any descriptive memorandum, reports, brochures, charts or statments relating to the products, or (iii) any implied or express warranty of freedom from patent or tratemark infrigement. except for the afore mentioned limited warranty, esprit supply inc further disclaims, and the customer acknowledges and agrees that it has not relied upon, any representation or warranty, statutory, express or implied, or merchantability, fitness for a particular purpose or conformity to models or samples or materials of any equipment, it being expressly understood and agreed by the customer that the customer shall be obtaining the products in their present status, condition and state of repair, "as is" and where is with all faults, and the customer has made or caused to be made such inspections as the customer deems appropriate esprit supply inc shall retain all of its right, title and interest in and to any and all warranties and covenants of its warrantors and convenantor, including those provided by the manufacturers and suppliers of the products to esprit supply inc.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to: