TERMS AND CONDITIONS

1. General Conditions:
   • These Terms and Conditions govern the sale of products, equipment, and parts (collectively, “Equipment”) by EA Carts LLC (“Company”). The specific Equipment covered by these terms is identified by the VIN number listed in the digital acknowledgment agreement accompanying these terms. These terms are binding unless explicitly modified in a written agreement signed by the Company.
2. Title and Risk of Loss:
   • Title to the Equipment and risk of loss or damage passes to the Purchaser upon delivery FOB Company’s facility, pursuant to INCOTERMS 2010, unless otherwise stipulated in a written agreement.
3. Delivery and Force Majeure:
   • Delivery dates are estimates only. The Company is not liable for delays caused by events beyond its reasonable control, such as natural disasters, wars, government actions, or transportation difficulties. Acceptance of the Equipment upon delivery constitutes waiver of delay claims.
4. Taxes and Credit Card Fees:
   • The Purchaser is responsible for all applicable taxes. A 2.9% processing fee is charged for credit card payments, which can be avoided by using alternative payment methods such as cash, check, ACH, or wire transfer, although these may delay delivery.
5. Set Offs:
   • The Purchaser may not offset any amounts owed to the Company against other claims unless agreed upon in writing by the Company.
6. Intellectual Property:
   • The Company will defend against any claims that the Equipment infringes on U.S. patents. The Company may, at its discretion, alter the Equipment, provide replacements, or offer refunds.
7. Warranty for New and Used Equipment:
   • New Equipment is warranted against defects in materials and workmanship as specified in the warranty statement incorporated herein. Used Equipment is sold as-is, without warranty unless specified otherwise.
8. Compliance with Laws:
   • Modifications made by the Purchaser to the Equipment that affect compliance may void the warranty. The Purchaser must ensure that the Equipment complies with all applicable laws and accurately represents the condition and features of the Equipment.
9. Limitation of Liability:
   • The Company’s liability is limited to the purchase price of the Equipment. The Company is not liable for any indirect or consequential damages, including but not limited to loss of profits, data, or other intangible losses. The Company disclaims all liability for any personal injuries, death, or damages to property that may occur from misuse, improper use of seatbelts, or unauthorized alterations to the Equipment.
10. Miscellaneous:
    • The agreement is governed by the laws of the State of Indiana. Non-transferable rights and obligations without written consent.

PRIVACY POLICY

• Information Use:
  • Personal information is collected to manage customer relationships, enhance service offerings, and facilitate transactions. It is also used for marketing purposes within legal limits.
• Data Sharing:
  • Personal information is not sold or leased. It may be shared with affiliates and vendors as necessary to provide services and fulfill business obligations.
• Data Security:
  • The Company uses industry-standard security measures to protect personal information from unauthorized access and disclosure.
• Rights of Individuals:
  • Individuals have rights to access, correct, or delete their personal information, subject to applicable laws.
• Policy Updates:
  • The privacy policy may be updated periodically, with changes posted on our website.

WARRANTY AND EXTENDED WARRANTY INFORMATION

Standard and Extended Warranty Coverage:

• Extended Warranty:
  • Available for purchase within 30 days from the date of original purchase. It extends the basic warranty on parts by an additional year and on batteries by two additional years.
• Commencement and Coverage:
  • The warranty period begins on the purchase date. It covers defects in materials and workmanship but excludes routine wear items.
• Transferability:
  • The warranty is non-transferable and applies only to the original purchaser.
• Remedies:
  • The sole remedy under this warranty is repair or replacement of defective parts. The Company disclaims all liability for incidental or consequential damages.
• Void Conditions:
  • The warranty is void if the Equipment is abused, involved in an accident, or if routine maintenance is neglected. Unauthorized modifications or use of non-EA Carts approved parts also voids this warranty.
• Governing Law:
  • This warranty and any disputes arising out of it will be governed by the laws of the State of Indiana, USA.

This document, upon digital acknowledgment and signature by the Purchaser, will be sent via email. It represents the complete terms of engagement between EA Carts LLC and its customers, ensuring clear, compliant, and effective interactions.