Terms of Registration

By registering with this site you indicate your acceptance of the Terms & Conditions which shall govern your use of this site and all purchases made by you from this site. In addition, you certify, represent and warrant that all purchases made by you or any employees/agents of your organization utilizing your account number, are authorized purchases. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security and distribution of your account number, user names and any passwords associated with purchases on this site. Furthermore, you expressly agree that all liability relating to password management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall we be liable for any damages that result from the use of this service. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from us.

Terms & Conditions

For purposes of Registration and these Terms and Conditions, "you" shall mean any person, entity or organization accessing, registering or making a purchase from this site. "Seller" shall mean e-motorsonline.com, Curley Electric Motor Service and Lay Enterprises, Inc..

Prices

All prices quoted are in U.S. dollars and are subject to change without notice. All prices offered are net prices with trade discounts already deducted and are exclusive of any shipping and freight fees and any applicable sales or other taxes.

Transportation

Unless otherwise stated, freight and shipping fees will be charged for shipment to your address anywhere in the contiguous United States. Unless otherwise stated herein, all prices are F.O.B. Seller's point of shipment. Method of delivery shall be exclusively at Seller's discretion unless you specifically request a method of shipment on a "freight collect" order. Title and risk of loss shall pass to you upon tender of the shipment to the common carrier or licensed trucker, which shall constitute delivery to you. If product is damaged in transit, you must file a claim with the carrier. Any extra charges incurred for additional services, such as your specification of carrier or special handling by carrier, must be paid by you.

Sales Tax

Seller is required to charge applicable Oklahoma state and local taxes on all items for delivery in Oklahoma for which an Oklahoma sales tax exemption certification has not been provided.

Delivery

Normally new products will ship within one or two business days. If shipment is to take substantially longer, we will contact you. Retrofit and repair services normally will be shipped within three to five business days after receipt of goods at our facility.

Payment Terms

If you have established credit with Seller, you may purchase products from this site by issuing a purchase order to Seller, and terms for such purchase order shall be net thirty (30) days from date of shipment. If you do not have established credit, you must make purchases by credit card (Visa, MasterCard, or American Express). Cash will not be accepted and no deductions or discounts from the purchase price stated are allowed. All payments must be made in U.S. dollars. Seller shall have the right of set-off and/or deduction for any sums owed to Seller by you. If you have paid via purchase order and you fail to make payment within thirty (30) days, Seller may defer shipment until such payment is made, or may, at its option, cancel all or any part of unshipped order. Seller will charge, and you agree to pay, a 1-½ percent surcharge on all unpaid balances that are past due.

Refund & Return Policy

You may return purchases within 30 days of shipment by the Seller. Any freight or shipping charges or fees for such return will be pre-paid by you. The entire purchase price (less any freight or shipping charges or fees) will be refunded to you if the item is normally stocked by Seller, is unused and is returned in the original container. Any item normally stocked by the Seller, but returned not in the original container may be subject to a nominal restocking charge solely at the discretion of the Seller. Any item that is not normally stocked by the Seller and is returned unused in the original container will be subject to a restocking charge as set forth by the manufacturer and you hereby agree to pay the restocking charge. Seller reserves the right to refuse the return of any item that is not in new and unused condition.

Warranty

Seller will pass all manufactures warranties to you. Other than the manufacturers warranties, SELLER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ON GOODS OR PRODUCTS SOLD. Transportation charges covering returned goods will be borne by you. Any part, which is determined by Seller to be defective in material or workmanship and returned to Seller, will be, as your exclusive remedy, repaired or replaced at Seller's option. You agree to obtain a written return authorization from Seller prior to returning the goods to the Seller. No returns will be accepted unless authorized in writing by the Seller.
For repair or retrofit services, you acknowledge that testing procedures performed in repairing motors may result in damage to the non-repaired motor. You agree that Seller shall have no responsibility for such damage.

WARRANTY DISCLAIMER. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE STATEMENT ABOVE IS MADE OR AUTHORIZED BY SELLER. SELLER DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND PROVIDES NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PATICULAR PURPOSE.

Cancellation

Any order for new goods may be canceled without charge prior to shipping provided that such cancellation is received in writing prior to Seller's delivery of the item to a common carrier. Orders for repair or retrofit services may be cancelled at any time prior to shipment of the finished product. For these services, cancellation cost will be proportionate to the work performed prior to canceling the order and you agree to pay for any work performed prior to such cancellation. If you wish to have the unfinished work product returned, a re-assembly charge will be assessed along with any shipping and freight charges and you agree to pay such charges.

Purchase Orders

To the extent that you have established credit with Seller and you issue a purchase order for any purchase made on this site, you hereby agree that any terms and conditions contained in such purchase order are hereby expressly rejected by Seller and that these terms and conditions shall govern any purchase made by you from this site. No shipment of any goods by Seller or any other action taken by Seller shall be deemed to be Seller's acceptance of any terms and conditions contained in any purchase order submitted by you.

Limitation of Liability

IN NO EVENT SHALL SELLER BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGE (INCLUDING LOST PROFITS, LOSS OF USE OR LOSS OF DATA) AND ANY LIABILITY FOR SUCH DAMAGES IS EXPRESSLY DISCLAIMED. SELLER'S LIABILTY IN ALL EVENTS SHALL BE LIMITED TO, AND SHALL IN NO EVENT EXCEED, THE PURCHASE PRICE PAID.

Disclaimer

All information provided on this site is subject to change without notice. While efforts have been made to make this Web site helpful and accurate, due to the nature of this site, and the potential for errors in storage and transmission of digital information, Seller does not warrant the accuracy of information obtained from this site. Seller does not warrant that functions contained on this site will be uninterrupted or error free, that defects will be corrected, or that this site or server are free of viruses or other harmful components.

Security

Seller places the utmost importance on protecting information transmitted via this site and takes security precautions to protect all such information, including measures to secure and protect all customer specific information from loss, misuse and alteration. However, we cannot guarantee that this site is totally secure and you agree that we will have no liability for any loss, misuse or alteration of any information provided by you in using this site.

Privacy

It is necessary for us to know certain information about our customers to allow us to successfully accept and deliver orders. In addition, we may collect other information for general marketing information, for the express purpose of providing our customers improved products and services. The information that you provide or that is collected that would specifically reveal information about an individual customer will only be used in conducting our business and marketing efforts and will not be provided to any outside organization, unless required by law.

Construction

This agreement shall be governed by and construed according to the laws of the State of Oklahoma without regard for its conflicts of laws rules. By registering with this site and making purchases from this site, you agree and hereby consent to submit to the jurisdiction and venue of the courts having a situs in Tulsa County, Oklahoma and you hereby waive any defenses you may have with respect to the jurisdiction and venue of such courts. You agree that in the event Seller is required to commence any action to enforce these terms and conditions or to collect any money damages for breach, Seller shall be entitled to recover, in addition to any other remedy, its attorneys' fees, court costs, costs of investigation and other related expenses incurred by Seller in connection therewith.