Returns Procedures/Obtaining an RMA Number

Merchandise can be returned for different reasons, such as defective, DOA, warehouse error, quantity overages, error, etc. Please be advised some returns may be subject to restocking fees. The following procedures will help ensure proper handling and credit, if applicable:

  1. Request a Return Merchandise Authorization (RMA) number from your Sales Rep. order to process your request, the following information is requested:
  • Company name and location, the original order/invoice number, any applicable PO numbers; contact info phone and/or fax numbers and email address
  • Description of issue or reason for return
  • All returns must be accompanied by a Return Authorization number
  • All returns of non-defective product must be received in resalable condition (including no markings or labels attached to the cartons) and in the original manufacturers’ shipping cartons, complete with all packing and associated materials.
  • All returns will be verified against purchase history
  • Unauthorized returns or returns w/out an RMA # will delay the process and may result in restocking fees.

Credit Applications

Encon reserves the right to extend or withhold lines of open account credit based on the Customer’s payment history, record of trade payments, financial condition, amount of credit needed, and such other factors as Encon in its sole discretion deems appropriate. Encon may require Customer to provide financial, credit and other similar information (e.g., Dun & Bradstreet or Business Products Credit Association) for the establishment or continuation of credit. Encon may also require personal guarantees and/or other security interests. All orders are subject to credit approval by Encon. Unless otherwise agreed in writing by Encon, Encon may in its sole discretion at any time, change the terms of Customer’s credit, require payment in cash, wire transfer or official bank check and/or require payment of any or all amounts due or to become due for Customer’s order at or before shipment of any or all ordered products.

Inquiries about credit requirements should be addressed to Encon Systems, 420 N. Town East Blvd., Sunnyvale, Texas, 75182.

Past Due Accounts

  1. If Encon believes in good faith that Customer’s ability to make payments may be impaired or if Customer fails to pay any invoice when due, Encon may suspend delivery of any order or any remaining balance thereof until such payment is made or may cancel any order or any remaining balance thereof, and Customer will remain liable to pay for any products already shipped or any “not listed” or other products specially ordered by Encon for Customer.
  2. Encon will charge Customer interest up to the maximum permitted by law on all past due amounts until paid in full.
  3. If Customer fails to make payment when due, Encon may pursue any legal or equitable remedies and Encon will be entitled to reimbursement from Customer for all collection costs, including reasonable attorneys’ fees and costs, incurred by Encon. Encon will assess a service charge of $50.00 on any returned checks.

Pricing

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  4. Encon may adjust its prices at any time in light of supplier price increases, changes in transportation, administration, warehousing or other expenses or other market factors. Encon recommends that Customer confirm Encon’s current pricing via Customer’s Encon Sales Representative before ordering, particularly for orders of products such as paper, computer hardware and electronics that have historically been subject to significant price fluctuations.
  5. Encon reserves the right to correct errors in price and quantity appearing in any document with respect to any products.
  6. Encon reserves the right to change the terms of its price plans at any time without notice, including, without limitation, changing the identity and number of Products within any price plan, the units of measure in which Products are available for sale there under, the Product order quantities at which volume-based unit price reductions are available or other pricing terms and conditions applicable to any Products.
  7. In order to qualify for any Volume Cash Discount/Customer Buying Plan, freight and pricing programs offered by Encon, Customer must maintain its account on a current basis and must comply with the other program terms Encon establishes from time to time.
  8. All prices are exclusive of sales, use, excise and value-added taxes, any license fees, document fees or import duties and similar taxes, charges or assessments with respect to the sale, handling and delivery of the products, and Customer will be responsible for paying all such taxes, assessments and charges.

Limitation of Liability

In no event will Customer be entitled to, or Encon liable to Customer or any other party, for any incidental, indirect, special, punitive, tort or consequential damages or losses of any nature, including, without limitation, any damages for business interruption costs, loss of revenues, profits or reinstallation costs, overhead or injury to reputation or loss of customers, or for any claims asserted against Customer by a third party arising directly or indirectly out of or in connection with the manufacture, delivery, sale, use, or defect of products sold by Encon to Customer, even if Encon has been advised of the possibility of such damages or losses. In no event will Encon be liable for any personal injuries or death arising directly or indirectly out of or in connection with the manufacture, use, or defect of any such products. Customer’s recovery from Encon for any claim will not exceed Customer’s purchase price for the product giving rise to such claim, irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise.

Intellectual Property

If an order covers products that include any software or other intellectual property, such software or other intellectual property is provided by Encon to Customer subject to all copyright, patent, user license terms and conditions and/or other intellectual property rights applicable to such products. Nothing in these Terms and Conditions will be deemed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by the owner, developer, manufacturer or producer thereof.

Confidentiality

Each of Customer and Encon will keep confidential, and not disclose to any person, any and all non-public information and data relating to the other party, including, but not limited to, information about such other party’s transactions, carriers, contracts, pricing and rebate terms, cost information, individual customer identities, products or plans. Each party agrees that it will not use any such information for any purpose other than to fulfill its obligations hereunder or under any other applicable agreement into which these Terms and Conditions may be incorporated.

Force Majeure

Encon will not be liable for any delay in or impairment in its performance resulting in whole or in part from factors beyond Encon’s control in the conduct of its business, including without limitation, shortages, inability to procure products or supplies through Encon’s regular sources, or strikes, slowdowns or other labor disputes or disruptions. Encon’s time for performance of any such obligation shall be extended for the time period of such delay or Encon may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Customer.

Miscellaneous

Independent Contractors. Customer and Encon are and at all times will remain independent contractors and not agents, partners or joint venturers of the other for any purpose whatsoever.

No Implied Rights or Remedies. Except as otherwise expressly provided herein, nothing herein express or implied is intended or shall be construed to confer upon or to give any person, firm, corporation or any third party, other than Customer and Encon, any rights or remedies under or by reason hereof.

Rights and Remedies. The failure or delay of Encon or Customer to insist on the strict performance of any of these Terms and Conditions or to exercise any right or remedy contained or permitted hereunder will not constitute or be construed as a waiver of any future term, condition, right or remedy. All rights and remedies of Encon or Customer specified herein or at law, in equity or otherwise, are distinct and separate, whether or not exercised by Encon or Customer and, except as otherwise agreed in writing by Encon and Customer, will not be deemed to be an exclusion of any other right or remedy.

Governing Law. These Terms and Conditions will be construed and enforced in accordance with the internal laws of the State of Illinois, without regard to its conflict of law principles. The United Nations Convention for the International Sale of Goods will not apply.

Severability. Any provisions of these Terms and Conditions or of any agreement into which they may be incorporated which are held to be invalid, void or illegal in any jurisdiction will in no way affect, impair or invalidate or any other provision herein or therein in such jurisdiction or any provisions herein or therein in any other jurisdiction, and such remaining provisions will remain in full force and effect.

Revisions Encon reserves the right to update or modify these Terms and Conditions at any time, without prior notice, by posting the revised version of these Terms and Conditions on Enconsupplies.com. Purchase orders issued by you to Encon after we have posted the revised Terms and Conditions constitute your agreement to be bound by the revised Terms and Conditions.

These Terms and Conditions govern the sale of all products by Encon and apply notwithstanding any conflicting, contrary or additional Terms and Conditions in any purchase order or other document or communication (“Purchase Order”) from Customer. These Terms and Conditions may be waived or modified only in a written agreement signed by an authorized representative of Encon. Neither Encon’s acknowledgement of a Purchase Order nor Encon’s failure to object to conflicting, contrary or additional Terms and Conditions of a Purchase Order shall be deemed an acceptance of such Terms and Conditions or a waiver of the provisions hereof.