Term & Conditions
THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES
All the content on this site is Copyright 2017 Eastern Cutting Corp. All rights reserved.
Website Usage Restrictions
You may access and view the content appearing on this Website for personal, non-commercial use only!You may download and/or copy portions of the content for personal, non-commercial use only, provided that a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. Eastern Cutting Corp. reserves complete title and full intellectual property rights in any content that you download from this Website.
You agree to use this Website only for lawful purposes.The following are included, but not limited to, in strictly prohibited actions:i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
Links to Third Party Sites
Please understand that when you access another web site through this one, Eastern Cutting Corp. can accept no responsibility for your experience with the site. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other web site.
Communications with Eastern Cutting Corp
We welcome your comments regarding this site. However, comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to Eastern Cutting Corp. will be treated as nonconfidential and nonproprietary. All communications to Eastern Cutting Corp. become the exclusive property of Eastern Cutting Corp. and you agree that by transmitting any communication you relinquish all rights and interests in same. Eastern Cutting Corp. shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Eastern Cutting Corp. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, Eastern Cutting Corp. discourages you from transmitting information that you do not wish to assign to Eastern Cutting Corp., including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Eastern Cutting Corp. may copy all or part of your communication in any response(s) it makes to you.
All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of Eastern Cutting Corp., or their respective owners.You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Eastern Cutting Corp. or a Eastern Cutting Corp. affiliate or by third parties who have licensed their rights to Eastern Cutting Corp.. All content is copyrighted as a collective work under the U.S. and international copyright laws and Eastern Diamond Tools owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
Accuracy and Content
Eastern Cutting Corp. is working hard to ensure that the information provided on the Eastern Cutting Corp. site or in any EEastern Cutting Corp. catalog or advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors,Eastern Cutting Corp. does not guarantee the accuracy or completeness of the information provided on this site or in anyEastern Cutting Corp. catalog or advertisement .Eastern Cutting Corp. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
Eastern Cutting Corp. does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any Eastern Cutting Corp. catalog or advertisement, including any advice or other similar information obtained by you from us though this Website or in anyEastern Cutting Corp. catalog or advertisement.Eastern Cutting Corp. makes no representation that the content provided in this Website or in anyEastern Cutting Corp. catalog or advertisement is applicable or appropriate for use in locations outside the United States.
No Warranties; Limitation of Liability for Website, Eastern Cutting Corp. catalog or any type of Eastern Diamond Tools advertisement
In no event shall Eastern Cutting Corp., its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website, Eastern Cutting Corp. catalog or any type of Eastern Cutting Corp. advertisement or any content on this Website, Eastern Cutting Corp. catalog or any type of Eastern Cutting Corp. advertisement, even if Eastern Cutting Corp. or its Representative has been advised of the possibility of such damages.If you are dissatisfied with this Website, Eastern Cutting Corp. catalog or any type of Eastern Cutting Corp. advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, Eastern Cutting Corp. catalog or any type of Eastern Cutting Corp. advertisement.If any portion of this limitation is found to be invalid or unenforceable for any reason, then Eastern Cutting Corp.’s total liability to you shall in no event exceed one hundred United States dollars (US$100.00).Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Warranties; Limitation of Liability for Merchandise
All merchandise listed in this Website, Eastern Cutting Corp. catalog or any type of Eastern Cutting Corp. advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. Eastern Cutting Corp. disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.
Eastern Cutting Corp. disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. Eastern Cutting Corp.’s liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Shipping – Risk of Loss
All items purchased from Eastern Cutting Corp. are made pursuant to a shipment contract.This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Eastern Diamond Tools is not responsible or liable for any damage arising from shipment.
Eastern Cutting Corp. retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. Eastern Cutting Corp. thus encourages customers to use caution when placing an order, as once placed the order can not be cancelled, nor the item returned or exchanged unless Eastern Cutting Corp. expressly consents.
Generally, Eastern Cutting Corp. will consider returns within thirty (30) days of purchase.Refunds are for the cost of product only; shipping and handling charges are not refundable.
Due to their product nature, Eastern Cutting Corp. can not accept returns of go-karts, mini-bikes, scooters, night vision and some winches.
Eastern Cutting Corp. can not accept returns of “drop shipped” items directly from the factory to you.
Eastern Cutting Corp. can not accept returns of gas or diesel-powered items once said items have been oiled and/or gassed. If said items have been gassed or oiled they need to be taken to an authorized service center for repair which may be covered under warranty.
At Eastern Cutting Corp.’s sole discretion, Eastern Cutting Corp. may impose a fifteen percent (15%) restocking fee on items returned. Returns of “Factory Shipped” items will be subject to a 15% restocking fee.
The Terms and Conditions constitute the entire agreement between you and Eastern with respect to this Website, Eastern catalog or any type of Eastern advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Eastern with respect to this Website, Eastern catalog or any type of Eastern advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Eastern If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Choice of Law
By use of this Website, Eastern Cutting Corp. catalog or any type of Eastern advertisement, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Eastern or its affiliates.