Warranty

EAA Tools, LLC ("EAA") is pleased to offer for sale the tools and equipment manufactured or marketed by EAA Tools ("Product"), subject to the following terms and conditions. Customer's placement of an order for a Product constitutes Customer's unconditional acceptance of the following terms and conditions. These terms and conditions are subject to change without prior written notice at any time and in EAA's sole discretion.

WARRANTY – PROFESSIONAL USE FOR PRODUCTS

EAA warrants to Customers who purchase Product from authorized EAA distribution channels for use in their profession that EAA brand Durable Products will be free from defects in workmanship and materials for a duration of five (5) years after date of sale. Consumable Products are warranted, at the time of sale, only against defects in workmanship or materials that prevent their use. Consumable products are goods reasonably expected to be used up or damaged during use, including but not limited to drill bits, saw blades, grinding discs, sanding discs, knife blades, files, O2 sensors and batteries. This warranty only extends to the original Customer and cannot be transferred or assigned.

During the applicable duration of the warranty, at its option, EAA will repair or replace its Products which fail to give satisfactory service due to defective workmanship or materials or provide a refund by repaying or crediting Customer with an amount equal to the purchase price of such Products. Repair, replacement or refund shall be at the election and expense of EAA and is Customer's exclusive remedy in place of all other rights and remedies. Any products or parts replaced or for which EAA has provided a refund are the property of EAA and will not be returned. By repairing or replacing a Product, or providing a refund, EAA does not waive a claim that a Product nevertheless has been subject to abnormal use.

To obtain warranty service, contact the EAA Customer Care Center via telephone at 1-480-420-4044 or e-mail sales@eaatools.com. The following information will be required with the customer’s warranty request: (1) date and proof of purchase, (2) where customer purchased the product, (3) full name, (4) shipping address, (5) phone number, (6) e-mail address, (7) item number(s) or approximate weight of return package. Warranty requests that do not include all of the required information will not be processed. Once the warranty request is validated, the customer will be sent a shipping label either electronically thru e-mail or thru the U.S. mail, and must ship the product to EAA. Upon receipt of the product, the warranty claim will be reviewed, and the product will be inspected. If the warranty request is found to be valid, the product will be repaired and returned to the customer or a replacement product will be shipped to the customer. If the warranty claims are found to be invalid, the original product will be returned to the customer. By repairing or replacing a Product, EAA does not waive a claim that a Product nevertheless has been subject to abnormal use.

If you choose not to (1) use a carrier that offers tracking or (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping. Replacement will not be issued unless a valid proof of delivery can be provided.

In addition to any limitations outlined in warranty statements provided with the Product, EAA does NOT provide any warranty for (1) products labeled other than EAA or (2) products subjected to "abnormal use". Products that are not labeled EAA are subject to the warranty provided by the manufacturers of those products and EAA will pass along any such warranties. "Abnormal use" includes misuse, accident, modification, unreasonable use, abuse, neglect, lack of maintenance, use in product-related service, or use after the product is significantly worn. Abnormal use of tool storage units also includes, without limitation, situations when a unit is pulled using a mechanical vehicle, rolled over large drops, used in a highly corrosive environment, used as a step stool, modified with non-EAA parts, overloaded or modified in any way.

THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Descriptions of Product contained in marketing material are for the sole purpose of identifying Product and shall not be construed as an express warranty.

LIMITATION OF LIABILITY

EAA AND ITS AFFILIATED COMPANIES AND THIRD PARTY SUPPLIERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES, COSTS OR DAMAGES INCURRED BY BUYER OR OTHERS, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE PRODUCTS, OR FROM ANY OTHER CAUSE WITH RESPECT TO THE PRODUCTS OR THE FOREGOING WARRANTY, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY (INCLUDING WITHOUT LIMITATION, LOST PROFITS, REVENUES, ANTICIPATED SALES, BUSINESS OPPORTUNITIES, GOODWILL, OR INTERRUPTION OF BUSINESS OR OTHER INJURY OR DAMAGE).

NOTICE OF PRODUCT DESIGN

EAA reserves the right to make changes in design or construction at any time without incurring any obligation to incorporate such changes in Product previously sold. EAA also reserves the right to discontinue the manufacture or offering for sale of any Product at such time to be determined by EAA in its sole discretion.

SHIPPING; TITLE; RISK OF LOSS

Title to Product will pass from EAA or EAA's suppliers to Customer on shipment from EAA's facilities or other designated third party supplier's facility. Loss or damage that occurs during shipping by a carrier selected by EAA is EAA's or EAA's supplier's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. EAA reserves the right to make delivery of Product in installments.
In the event the shipment has not been received within 14 days of the billing (hard charge) to the credit card, the customer must contact EAA so a tracer can be initiated on the shipment. Typically, customers receive their parcel post and priority parcel post shipments within 10-14 business days, however parcel post shipments have been documented of up to 6-8 weeks for delivery. Tracers on shipments through the US Postal Service cannot be done until 8 weeks from the shipment date.

DELAY

EAA and its affiliates and third party suppliers shall not be liable for any damage as a result of any delay or failure to deliver due to any cause beyond EAA's or its third party supplier's reasonable control, including, without limitation, any act of God, act of Customer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay. Customer's exclusive remedy for other delays and for EAA's or its third-party supplier's inability to deliver for any reason shall be rescission of the sale of Product.

GOVERNING LAWS

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without reference to principles of conflicts of laws. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any provision which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability of such provision in any other jurisdiction.