Terms and Conditions of Sale

ACCEPTANCE OF TERMS: By placing an order, accepting a shipment, making payment, or otherwise engaging in a transaction with Eldon James Corp. (hereafter referred to as EJ), the Customer acknowledges and agrees to the terms & conditions set forth herein. EJ hereby gives notice of its objection to any additional or different terms or conditions in any such order form, confirmation or communication, whether previously or hereafter delivered to EJ. These terms shall govern all transactions unless a separate written contract has been executed and signed by an authorized representative of EJ. Any deviations or additional terms proposed by the Customer shall not be binding unless explicitly agreed to in writing by EJ. Changes in law or changes in EJ’s business may require changes to be made to the terms & conditions from time to time, so we encourage you to review these periodically for any such changes. Your continued transactions following the posting of any changes in terms & conditions constitutes your binding acceptance of such changes or modifications.

PRICE & PAYMENT: EJ offers the items described in the catalog for sale at the prices set forth in pricing sheets and/or quotes by EJ Sales team. All prices are subject to change without notice including but not limited to significant increase in the costs of manufacture, alteration of duties, clerical errors, or other errors or omissions. Remittance advice must be sent with each payment to AR@eldonjames.com. Customer payment terms’ approval is required prior to any shipment concerning net payment. Shipment may be made with advanced payment or credit card authorization if net payment terms are not established. See CREDIT TERMS AGREEMENT form for further detail regarding terms and conditions.

ORDER REQUIREMENTS: Qualified minimum orders must be at least $100 per PO/per release. Orders can be placed via email, PDF, or a phone call to our Sales team. Customer is responsible for reviewing order acknowledgment for accuracy. Standard lead time for in-stock orders is 1-2 business days to ship. Orders may ship the same day with a $100 expediting charge, if the order is received by 12:00 PM MST and order is less than 1,000 pieces. Quoted shipping and/or delivery dates are based on estimates at the time of quotation. EJ shall use reasonable efforts to meet such shipping and/or delivery dates, but EJ shall not be liable for any direct or indirect costs or damages, including without limitation incidental or consequential damages, resulting from late deliveries.

PRODUCT REQUIREMENTS: Customers are encouraged to consult the respective Material Validation Packages available at www.eldonjames.com for up-to-date information regarding regulatory requirements and shelf-life statements. EJ provides this information solely for the purpose of guiding customers in their product use and does not endorse any strict shelf-life period once items have left EJ facilities. Any requests for products that exhibit a more limited shelf life than that offered by EJ will be assessed on a case-by-case basis. EJ reserves the right to decline such requests at its sole discretion without notice, based on factors including but not limited to inventory, product availability, and customer needs. EJ reserves the right to discontinue the manufacture or sale of any product at any time or to alter, modify, or redesign its products.

CANCELLATION/CHANGE ORDERS: Orders for standard/catalog products may only be revised or cancelled by Customer prior to the date of shipment, and only with EJ’s prior authorization. Orders for nonstandard or custom products may only be revised or cancelled by Customer prior to the commencement of production, and only with EJ’s prior consent.

FREIGHT POLICY: Incoterms for all shipments are EXWORKS (EXW) from ship location in Colorado. Shipping charges are prepaid and added to the invoice for domestic shipments unless other arrangements are made by the Customer prior to shipment. Standard shipping is by UPS unless a FedEx, DHL, or other shipper account number is provided at the time the order is placed. For international shipments, a shipper account number or BOL must be provided; we do not allow prepaid and add shipments for international customers. In the event of any general freight increase or any governmental ruling or regulation that results in increased freight costs, such additional costs shall be for Customer’s account. Title to, and the risk of loss, damage or shortage of, such materials shall pass to Customer upon delivery to the carrier regardless of notice to Customer. EJ assumes no responsibility for insuring shipments; upon delivery, shipments must be inspected by Customer for damage or loss prior to acceptance from the carrier. In no event shall EJ be liable for damage or loss to a shipment caused by a carrier.

CUSTOMS & INTERNATIONAL: Customs fees vary considerably between countries and shipments may be delayed for several days for processing. EJ provides commercial invoices, USMCA, and other documents required for international shipments; however, Customer is responsible for all charges assigned by customs that are added to their shipment. Before placing an order, check with Customer’s country’s customs office for information regarding additional charges. The Customer is responsible for any currency exchange fluctuations and associated fees, including bank wire transfer fees.

RETURNED GOODS: If, after delivery and inspection, you determine that the products do not conform to EJ specifications and are, therefore, unacceptable, please notify us immediately. After investigation by the EJ Quality team, EJ will either replace the rejected products, or issue credit therefore, at EJ’s discretion, as the exclusive remedy. Returned Material requests will not be accepted after 45 days from delivery. In order for EJ to maintain lot traceability integrity, the following categories are non-returnable: All Flexelene™ Tubing, all SeriesLock® quick disconnect fittings, all fittings with the letters NN, NK, NK7, PP, HDPE, PC, PS, E8402, CVU, & MN in the suffix, and all ‘antimicrobial protected’ (AG) products. It is impossible for us to guarantee lot and job traceability once these products have left our facility. ‘Special Orders’ and custom manufactured products are non-returnable unless defective.

RETURNS PROCEDURE: Contact Sales for a Returned Materials Authorization Request (RMA). Material returned without such approval will not be accepted and such approval may be conditional. RMA numbers must be displayed prominently on the outside of the box and the RMA form included within the returned package. Returned products are subject to a 15% minimum restocking fee unless proven defective. Customers are responsible for return shipping costs unless the product is deemed defective by EJ upon inspection. Return authorization is valid for 30 days from issue date. If applicable, account credit will be issued only after the return product has been received and inspected. Credit can only be used toward a future purchase and expires one (1) year from credit issue. No cash refunds will be given.

LIMITATIONS OF WARRANTY: EJ warrants its products to be free from defects in materials and workmanship and materially comply with the specifications set forth by EJ. Any non-conformance claims MUST be reported to the EJ Sales team within sixty (60) days of shipment/invoice date; short payments will not be accepted. Customer’s failure to timely make any such claim shall constitute unqualified acceptance and a waiver of all such claims by Customer. No warranty of merchantability or fitness is expressed or implied. There are no warranties which extend beyond the description on the face hereof. EJ is not liable for consequential or other damages, or for any expense incurred through the use of its products. EJ shall not be liable for indirect, special, incidental, or consequential damages, including but not limited to loss of revenue or profit, downtime costs, or claims made by third parties. Customers are solely responsible for determining the suitability of EJ products for their intended application and for ensuring compliance with all applicable regulatory requirements. Customers are encouraged to request free samples for testing and evaluation so that the suitability of the product for a particular application may be determined.

FORCE MAJEURE: EJ shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supply chain interruptions, or governmental actions.

[Rev B, Eff. Date 05/05/2025]