Terms of service
OVERVIEW
This website is operated by ezsharptoolsdirect.com. Throughout the site, the terms “we”, “us” and “our” refer to ezsharptoolsdirect.com. ezsharptoolsdirect.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or making a purchase from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ezsharptoolsdirect.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ezsharptoolsdirect.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at gina@ezsharptools.com.
Additional Terms
Monson, Inc.
dba
EZ Sharp Tools
TERMS & CONDITIONS
WARRANTY:.
Tooling (endmills, drills, counterbores, reamers, taps, etc) reconditioned by EZ Sharp Tools: Tooling provided by Customer will be resharpened to Customer’s specifications by EZ SHARP TOOLS and will be warranted to meet those specifications. If tool prints/specifications are not provided prior to work being performed, EZ SHARP TOOLS will meet general industry standard specifications for the tool.
Should there be a problem with the sharpening: The remedy provided by EZ SHARP TOOLS for any item not performing due to EZ SHARP TOOLS reconditioning will be to re-work the tool and re-coat (if applicable). The procedure is for the Customer to return the item to EZ SHARP TOOLS at their expense to be inspected, along with a complete description of the application (including photographs and/or video) and description of how the item failed to perform. EZ SHARP TOOLS may, at their option, choose to view the application at the customer’s facility in an effort to gather facts regarding the performance. If EZ SHARP TOOLS determines the tool was resharpened incorrectly, EZ SHARP TOOLS will recondition and recoat (if applicable) the tool at no charge to the customer.
Because EZ SHARP TOOLS has no knowledge of the previous or current storage, treatment, handling or application conditions the surrendered tooling is being, or has been, subjected to, EZ SHARP TOOLS does not warranty the condition of reconditioned tooling under any circumstances. All tooling should be inspected by the operator before using it in an application to determine the tool is correct, free of defects, etc. Should the tool break during the sharpening process, EZ SHARP TOOLS will scrap the tool; returning it to the customer if advised.
Manufactured Specials & Endmill Line by EZ Sharp Tools: Tools made by EZ SHARP TOOLS will be warranted to meet the specifications of the print provided by the for a period of 30 days following shipment or delivery by EZ SHARP TOOLS. EZ SHARP TOOLS does not manufacture carbide rod used to make tooling but purchases this product from other sources. The carbide itself would be warranted by that manufacturer. In the event that any products are discovered not to conform to the applicable drawings and specifications, Customer shall give notice to EZ SHARP TOOLS promptly upon the receipt of goods; not more than 48 hours later. Customer shall give EZ SHARP TOOLS a reasonable opportunity to inspect the goods and may only return such products to EZ SHARP TOOLS upon the receipt of EZ SHARP TOOLS’ prior direction, at Customer’s initial expense and risk. Customer’s exclusive remedy for breach of warranties, to be determined by EZ SHARP TOOLS, at its option, shall be either (i) the replacement of the products with new products with the same lead time for delivery, shipping charges prepaid, to Customer or (ii)the receipt of full credit for the returned products plus shipping charges paid thereon by Customer. EZ SHARP TOOLS shall reimburse Customer for all shipping charges to EZ SHARP TOOLS with respect to defective products. If no defect in the returned products is found after inspection by EZ SHARP TOOLS, such products will be returned to Customer, at Customer’s expense. This warranty does not apply to defects not caused by EZ SHARP TOOLS (such as accidents, abuse, improper installation, misuse, etc.) nor to products on which have been altered in any way.
The warranties provided for herein are in lieu of all other warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose, all of which other warranties are hereby disclaimed.
PATENTS: Customers shall hold EZ SHARP TOOLS harmless against any expense for loss resulting from infringement of patents or trademarks arising from compliance with Customer’s designs, specifications or instructions. EZ SHARP TOOLS may, at their option, replace or modify the product so that it becomes non-infringing. In no event shall EZ SHARP TOOLS be liable for Customer’s use of a product delivered hereunder which is covered by any adversely held patent. The foregoing is EZ SHARP TOOLS’ entire liability for patent infringement by any product thereof.
OTHER CLAIMS: Customer agrees to protect, defend, hold harmless and indemnify EZ SHARP TOOLS from and against any and all liability and expenses resulting from actual or alleged injury to persons, or property, arising from the possession or use of any product delivered hereunder that is modified in any manner or arising out of the violation by such modified products of any statute, ordinance or administrative order, rule or regulation.
SHIPMENT: All shipments are FOB Shipping Point. The method and route of shipment are to be determined by EZ SHARP TOOLS unless Customer supplies explicit instructions. Risk of loss, title and right of possession pass to Customer at the time of delivery to a carrier. Prepaid shipments at Customer’s request will not affect transfer of title. Failure to make one or more shipments shall not constitute cause for cancellation of Customer’s order. EZ SHARP TOOLS will not declare value of shipments valued over $100 unless Customer notifies EZ SHARP TOOLS to do so in writing and provides the value they want declared each time; the expense of this declaration being Customer’s. EZ SHARP TOOLS will not be financially responsible for any loss or damage during shipping.
TAXES: Applicable federal, state or local sales, excise or use taxes and duties are not included in the price,but are Customer’s obligation unless Customer shall provide EZ SHARP TOOLS with a tax exemption certificate acceptable to the taxing authorities. This obligation shall survive payment of Customer’s invoice.
QUANTITY VARIATION: EZ SHARP TOOLS reserves the right to overship or undership up to ten percent (10%) per item based on normal manufacturing variations. Orders with shipments of ninety percent (90%) or more of the ordered quantity may, at EZ SHARP TOOLS’ discretion, be considered complete and Customer shall be invoiced for the actual quantity shipped.
RETURN OF PRODUCTS: Non-standard items cannot be canceled or returned for exchange or credit. Standard items (at the time of purchase) may only be returned with EZ SHARP TOOLS’ permission; whichever is applicable, and only for credit to purchase other products. Products must be returned in their unbroken, original package and are subject to EZ SHARP TOOLS’ inspection. Credit will be issued, less a 15% restocking charge, only after EZ SHARP TOOLS receives an offsetting purchase order. Returned items must be packaged well for shipment, freight prepaid by the Customer. EZ SHARP TOOLS will not be liable for any damaged or lost items while en route.
FORCE MAJEURE: EZ SHARP TOOLS shall not be liable for any delay in the performance of its obligations, or any failure to perform its obligation hereunder in the event that such delay or failure is due to a cause or circumstance beyond its reasonable control, including without limitation, acts of nature, acts of military authorities (whether officical or unofficial), strikes or other labor disturbances, flood or water damage, fire, explosion, epidemic, embargo, disruption of shipping, war, accidents to machinery, inability to obtain necessary parts, priorities requested or required by an instrumentality of the US Government or any state government restrictions imposed by any federal, state or municipal regulations or any other cause beyond EZ SHARP TOOLS’ control. Upon the occurrence of any such contingency, EZ SHARP TOOLS shall promptly notify Customer of any delay or failure to perform which may be excused under this provision and shall further notify Customer of the date of resumption of performance as soon as practicable thereafter. In the event of any such delay, the time for performance shall be extended for a period equal to time lost by reason of the delay.
DELIVERY: Unless otherwise expressly stated, EZ SHARP TOOLS shall have the right to make delivery in installments. Each installment shall be separately invoiced and paid as billed without regard to subsequent deliveries. Failure to pay for any installment when due shall excuse EZ SHARP TOOLS from making further deliveries on this or any other order from Customer unless EZ SHARP TOOLS received an EZ Sharp Tools factory assurance of payment. Any delivery accepted by Customer, even though made after the scheduled delivery date, shall constitute a good delivery and shall be paid for regardless of other controversies relating to other delivered or undelivered products. EZ SHARP TOOLS may recover all costs incident to delays in shipment requested by Customer, even though agreed to by EZ SHARP TOOLS.
TOOLING/DESIGN: This agreement does not convey any right, title, interest in or possession of any dies, tools, gauges, fixtures, designs, drawings, software or any other item required to fill this order which is not sold and delivered with this order.
LIMITATION OF LIABILITY: EZ SHARP TOOLS shall not be liable for any loss, damage, cost or repair, injury to goodwill, incidental, consequential or special damages of any kind, whether based upon warranty, contract, negligence or strict liability, or in any manner arising in connection with the sale, use or repair of the products or services sold hereunder, EZ SHARP TOOLS’ liability, if any, shall never exceed the contract price for products alleged to be defective or to have caused damage of any kind.
EZ SHARP TOOLS’ RIGHT OF POSSESSION: In addition to all other remedies, EZ SHARP TOOLS shall have the right, at any time, for credit reasons or because of Customer’s default(s) to withhold shipments in whole or in part, to recall goods in transit, to retake the same and to repossess all goods, which may be stored with EZ SHARP TOOLS for Customer’s account without the necessity of taking any other proceedings and Customer agrees that all products so recalled, retaken or repossessed shall become the absolute property of EZ SHARP TOOLS, provided that Customer is promptly notified of such action and is given full credit therefor.
INTEREST & COLLECTION FEES: Interest and/or finance charges will be charged on all past-due accounts at EZ SHARP TOOLS’ prevailing rates, not in excess of rates permitted by law, as assessed on EZ SHARP TOOLS’ account statement. Customer, by providing purchase orders, verbal or written, to EZ Sharp Tools agrees to pay any late fees or finance charges assessed. Any collection costs or fees incurred by EZ SHARP TOOLS to collect any past-due account will be charged to the Customer.
MODIFICATION: This contract represents the entire agreement between EZ SHARP TOOLS and Customer and may not be modified or terminated orally. No claimed modification, termination or waiver of any of the provisions contained herein shall be valid unless in writing, signed by EZ SHARP TOOLS’ duly authorized representative.
CHOICE OF LAW: This contract shall be governed by and construed according to the laws of the State of Missouri in Jasper County.
PRICES: Prices quoted herein are in U.S. funds, unless otherwise stated. F.O.B. shipping point. Prices shall remain unchanged for thirty (30) days from the date of the quotation; thereafter they are subject to change without notice at any time prior to the written acceptance of Customer’s order by EZ SHARP TOOLS.
ACCEPTANCE: Neither Customer’s order and/or correspondence resulting herefrom, nor EZ SHARP TOOLS’ shipment of the products listed shall be an acceptance or confirmation of the terms of Customer’s order at variance with, or in addition to EZ SHARP TOOLS’ terms herein set forth. The issuance by Customer of said order shall be deemed Customer’s assent to the foregoing.
ESTIMATED DATE OF DELIVERY: The estimated date of delivery specified herein for specially made products or for reconditioning of provided tooling is based on the production time required to process the order commencing with the date EZ SHARP TOOLS received the order or the approval drawings, whichever is later.
DRAWINGS: EZ SHARP TOOLS will provide, upon request, drawings at no charge if EZ Sharp Tools is awarded the project. Unless otherwise specified, they are provided on reproducible paper, formatted to EZ SHARP TOOLS standard drafting practices.
PATENT LICENSE: The purchase of this tool confers no license under any EZ SHARP TOOLS patent.
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