Terms & Conditions
Ethernet Direct Inc.
44 Merrimac Street
USA - 01950
Tel: +1 978-499-9270
Fax: +1 978-499-9279
EIN number 841714326
Incorporated in Delaware
Our terms and conditions apply to all orders. We do not accept any deviations from our terms. If your P.O. or other correspondence lists terms that are different from ours, we may process your order, but we do not accept the terms. We reserve the right to change our terms and conditions of sale at any time and without prior notice. Our terms and conditions in effect on the day an order is accepted shall apply without deviation. If you have any questions about whether the terms and conditions in this desk reference are still in effect, please inquire at the time you place your order. All orders are subject to acceptance by us at our company headquarters.
We maintain a security interest in our products. That is, we reserve the right to repossess any equipment for which we have not been paid. This includes products that have already been shipped to an end customer, either individually, or as part of a machine or process.
Ethernet Direct is located in the state of Massachusetts and is obligated to charge sales tax respectively for delivery within Massachusetts. Sales tax rate varies by county. Delaware tax exempt customers must submit their tax exemption certificate to avoid tax. We do not add or collect sales tax for states other than Massachusetts. It is the customer’s responsibility to pay appropriate tax to your state when necessary.
Please inspect all deliveries promptly. You must notify us within 48 hours of receipt with reported discrepancies or shortages.
While we constantly strive to have all our valued technology products in inventory, you may order an item that is temporarily out of stock. Online, stock status is calculated at the time the Web page is generated. If you place the order a significant time later, the displayed status may no longer be accurate. It would be advisable to check again just before order placement. If an item is not in stock, it will be placed on back order and shipped when the item is available via the same method as the original order. You may cancel a backorder at any time prior to shipping (with the exception of some special orders) by contacting Customer Service at email@example.com or call 978-499-9270.
Changes to orders
We try to accommodate order changes if possible. However, our highly automated order system has a very short time span (usually minutes) in which to make any changes. Once your order has entered the processing cycle, we cannot accept changes.
We do not require confirming P.O.s for telephone orders, but if your company policy requires it, please make sure it is clearly labeled as a confirming purchase order. Please remember, only our terms and conditions will apply.
Of course, our Web site and email systems is open for Business 24/7, so order online at any time.
If you are placing an online order, and there are no credit or shipping questions, the order will be processed as soon as it is received into the business system. For faxed or mailed orders, our goal is to enter all orders the same business day they are received. Orders e-mailed overnight, on weekends and on national and company holidays will be entered the next business day. Please note that new customer orders may require verification.
Our preferred carrier is UPS, if available in your area. Ground and air service options are shown below. If UPS is not available, please specify shipment method via email to firstname.lastname@example.org. All freight charges are prepaid and added to the invoice, or they can be charged to your company’s freight collect account number.
- UPS Ground
Ground delivery time depends on where you live in relationship to our Massachusetts location (or for drop-shipped products, where the shipment originates).
- Faster delivery via air services include these options:
- Next-day air
- 2-day air
Note: We no longer ship orders COD, however, we do offer prepayment by I-check.
After receipt of your order, all ground, next day, second-day air orders entered before the shipping deadline will generally be shipped the same day (see “Same-Day Shipping Deadlines” for complete details). If received after the shipping deadline, your order will generally be shipped the following business day. If you’re a new customer opening a credit account, allow up to two business days to verify credit information. Although rare, if you do have a backorder, we will automatically ship it (via the same method as the original shipment) when the product is in stock.
Note: In order to receive same day shipping, you must be paying via credit card or an established credit account.
If your credit card is declined for the order amount, your established account goes over your limit, or a payment is past due, your order may be delayed.
Same-day shipping deadlines
To ship UPS, place order before 1 p.m. EST.
Note: We do not ship on Saturday, Sunday or national and company holidays.
Because we ship FOB, the risk of loss transfers to you when we deliver the goods to the carrier. Insurance is available at your expense to insure against loss or unusual damage (not currently available for online orders). It is not automatically included in the shipping charges. Your ED Sales Representative can calculate the cost of insurance at the time you place your order. If you choose to purchase insurance, the charges will be added to your invoice.
If you think your shipment is past due or incomplete, please consider these items before you call to check on the order:
- Allow ample time for delivery. Some carriers schedule multiple deliveries, especially for overnight packages. You may track your order online using our shipment tracking feature.
- Timely delivery for shipments to Canada cannot be guaranteed as they may be delayed in customs.
- Check with your receiving department. We have received many calls where the receiving department failed to deliver the package or notify the recipient.
- Check the package for any small items. They can easily get buried in packing material.
- Please inspect all deliveries promptly. You must notify us within 48 hours of receipt with reported discrepancies or shortages.
Shipping charges are prepaid and added to the invoice, or they can be charged to your company’s freight collect account number.
The following situations incur the surcharges stated below:
- Standard Shipments
- Add an $18 surcharge for orders under $1000 that will be delivered to locations in Canada.
- Air Shipments
- Add a $25 surcharge for early a.m. delivery.
- Add a $10 surcharge for all others, except Saturday and Sunday.
Notes on delivery
Please make note of the following guidelines/restrictions on delivery times:
- All shipments are subject to stock availability.
- Delivery times are based on carrier policies. We cannot guarantee delivery times.
- Due to shipper restrictions, we cannot deliver to P.O. boxes.
- All air services vary by zip code.
- For air shipments to Canada, timely delivery cannot be guaranteed as the shipments may be delayed in customs.
Notes on same-day shipping deadlines
To ship UPS, place order before 1 p.m. EST.
Note: We do not ship on Saturday, Sunday or national and company holidays.
Credit account (purchase orders)
We accept purchase orders (P.O.) from customers with approved accounts. You can set up an account at the time of your first order of $500 or more by faxing the credit application found in this desk reference to the accounting department (978-499-9270). If you are ordering online, you must complete the online credit application along with the order. First orders less than $500 must be paid using any of our accepted credit cards.
Credit account terms
Our credit account terms are Net 30 days. We invoice on the day of shipment. Our shipping terms are FOB Newburyport, MA (except where shipped direct from manufacturers) with freight prepaid and added to the invoice. UPS and Federal Express orders can be charged to your own account by supplying your number when ordering. All accounts are payable in full within 30 days of the date of invoice.
If your account has been inactive for one year or longer, your credit line will need to be reinstated. Please allow two business days to verify credit information.
You can help us to continue offering our great prices and outstanding technical support by keeping your account balance current. Any account over 30 days past due is subject to interest charges of 1.5 percent per month (18% APR) on the unpaid balance where allowable by law, as well as attorney’s fees, court costs, and other costs of collections. In the event a check is returned to us by our bank, a $25 fee will be added to your account. Credit accounts may be suspended at any time.
We accept several major credit cards:
- American Express
We must approve all credit card orders prior to shipment. Our response can sometimes depend on the credit card verification process, so make sure you have your order in prior to 1 p.m. EST for same day shipment. If for some reason there’s a problem, we will call or e-mail you to advise you of the problem, which will help minimize delay.
Terms and conditions
Our terms and conditions apply to all orders. We do not accept any deviations from these terms.
Invoicing options include e-mail, fax, or direct access from your personal home page on our Web site. Please choose one of these options at the time of your first order. Invoices by email are sent in Adobe PDF format. If your email program includes a spam filter that does not accept these types of files, you may want to choose an option other than email to receive invoices. (Please be sure to fill out your Accounts Payable email address or fax number in the billing address section of the credit application.)
Guidelines for Warranty and Returns
All Ethernet Direct products carry a graduated five year warranty against defects in materials and workmanship. If a product proves defective in materials or workmanship within one year from the date of purchase, we will replace it. The replacement is your exclusive remedy and our sole obligation for any breach of warranty, except that, if, after a reasonable number of attempts, we are unable to provide you a product that meets the above warranty, we will refund the purchase price for that product, as our sole obligation and your sole remedy. The warranty replacement schedule is as follows: Failure during year 1 - full replacement, up to Year 2 - 20% charge for replacement, up to Year 3 - 40% charge for replacement, up to Year 4 - 60% charge for replacement, up to Year 5 - 80% charge for replacement. The charge fee is at the current web price of the product. The warranty starts from the date of purchase.
With respect to those products sold by us but manufactured by a third party, we make no express warranties whatsoever and disclaim any thereof, and all such products are sold “AS IS, WHERE IS.” We will, however, try to pass along the benefit of any warranties provided by the third-party manufacturer. The terms of these warranties are generally included in the materials accompanying the product. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME. In no event will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products (including non-conforming products), or for any third-party claims against you relating to the products, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal theory) in respect of any product exceed the purchase price that you paid to us for it. Of course, warranties do not apply to products that have been subject to abnormal use, abnormal conditions, unauthorized modifications, unauthorized repair, misuse, neglect, accident, alteration, improper installation or other acts which are not our fault, including damage caused in shipping. Our warranty also does not apply to any product that has been damaged by external causes such as fire, flood, sand, dirt, lightning, exposure to weather, acts of God, battery leakage, theft, blown fuses, improper use of any electrical source or connection to product not recommended in writing for interconnection by us. To minimize the risk of potential safety problems, you should follow all applicable local and national codes that regulate the installation and operation of your equipment. These codes vary from area to area and usually change with time. It is your responsibility to determine which codes should be followed, and to verify that the equipment, installation and operation is in compliance with the latest revision of these codes. At a minimum, you should follow all applicable sections of the National Fire Code, National Electrical Code, and the codes of the National Electrical Manufacturers Association (NEMA). There may be local regulatory or government offices that can also help determine which codes and standards are necessary for safe installation and operation. Equipment damage or serious injury to personnel can result from the failure to follow all applicable codes and standards. We do not assume any responsibility for your product design, installation or operation. Our products are not fault-tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the product could lead directly to death, personal injury or severe physical or environmental damage. When possible, our preferred option is to replace the product immediately, even before you have returned the defective product. If you have any questions concerning the installation or operation of this equipment, or if you need additional information, please email or call for assistance.
If you are looking to save some money on your next purchase with Ethernet Direct, you may be interested in our refurbished parts. Inventory is available for many of our standard products, and is offered at substantial savings. The select re-manufactured parts are available to U.S. and Canadian customers.
Guidelines for Returning Products
It is ED's belief that in most cases, although not all, we may be able to provide you a solution so you do not have to return the product in question. A return authorization (RA) representative may request that your product in question be approved through our Technical Services department before an RA can be issued. Please call one of our RA representatives for an RA number before returning any products to us. We also have a Pre Return Authorization form which goes out with all orders, and is also posted on the Web site, www.ethernetdirect.com.
The following guidelines apply to authorized returns for products under warranty (our warranty information is fully described in the previous pages):
- All date codes and/or serial numbers are required before the RA can be issued. If date codes and/or serial number labels have been defaced or altered in any way, this will result in the warranty to be void and null. No exceptions.
- Failure symptoms are required for each product returned for Quality Control information. If this is not available at the time the return authorization is issued, please specify each failure symptom on the form before returning the product.
- Once you have called to request your RA, it will be faxed/e-mailed to you. Fold the form, then insert it inside a clear packing list envelope so that the return address is visible.
- Return products in their original boxes. Include all documentation, cables and other components included with the original parts shipment. Write the RA number on the outside of the shipping box, not the product box.
- Please return the parts to the appropriate address shown at the top of the RA. form within two weeks of issuance.
- If a Technical Support representative issues you an RA for a potentially defective product, you, the customer, are responsible for the shipment arriving safely and undamaged at ED. We highly recommend that you insure the shipment for the full cost of replacing the product. See "Limits of Liability" below.
Shipments that do not follow the above procedures may be returned to sender or restocking and refurbishing charges may be incurred at the current cost of ED's parts and labor.
Standard Product Returns
Product Returns are subject to a restocking fee of 20%.
Special Product ( non-standard ) Returns
At the time of the order, you will be informed if any products are special order. Special order products are subject to a 40% restocking fee and some may not be returned. All returns must have an RA number.
Limits of Liability
A return authorization number does not guarantee a refund or replacement. If a refund is initially awarded and the manufacturer of the product finds the problem to be due to "customer abuse," the credit will be reversed and you will be notified of such action. ED will accept no responsibility or issue credit for packages damaged in transit for any reason. We highly recommend that you ensure the product is properly packaged for shipment and that you insure the item, at your expense, for the amount of the potential credit that you are seeking. IN NO EVENT WILL ED BE LIABLE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, FOR LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS (INCLUDING NON-CONFORMING PRODUCTS), OR FOR ANY THIRD PARTY CLAIMS AGAINST YOU RELATING TO THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. IN NO EVENT WILL OUR MONETARY LIABILITY (WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY) IN RESPECT OF ANY PRODUCT EXCEED THE PURCHASE PRICE THAT YOU PAID TO US FOR IT. ED ALSO HOLDS THE RIGHT TO CHANGE OUR RETURN POLICY WITHOUT NOTICE AND WITHOUT WRITTEN CONSENT.